Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation ArticlesRecognizing Trauma: Litigation and Politics are Harming UsI write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value. Conversation, Kindness, and DemocracyAre kindness and conversation still possible? What about the many other people who share a perspective with those folks and are not themselves violent? The Vanishing Jury Trial and Other Important Lessons for MediatorsThe article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession. Cyclical Nature of Interpersonal ConflictWhen talking about domestic violence, you often hear about the cycle of abuse. Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based ConfrontationsAs a JAMS mediator, I believe that one of the best ways to assist parties to resolve a dispute is to educate them about the risks they run in continuing the confrontation. Make Yourself Aware About Divorce MediationYou might be thinking that you don’t need to make yourself aware about anything divorce related because it’s not going to happen to you. Book Review: The Art of Roleplay and Dispute Resolution TrainingRole plays are one of the most common tools used by mediation trainers. In his new book, Marc Bhalla takes a deeper look at how to use role plays effectively and shares some of his tested and effective scenarios. Being Unafraid to FeelWhen we feel emotional about a conflict – hurt, anger, betrayal, disappointment, and so on – it is a clear sign that something important to us is being challenged or threatened or undermined. Non-Directive Empathic ListeningIn this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding. Divorce NoiseIt’s so normal for us to ask questions and want information from those who have already been through this overwhelming time in our lives. The End GameDeciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference. Love’s New Mediation Data: Whither the Joint Session?Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue. A Negotiation Innovation: An intelligent negotiation assistantI am sitting in a room, negotiating a sale, and I’m thinking: Which is likely to be more favorable to me: put a figure on the table, or insist the Other does so first? 10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem SolvingBecause democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom. How to AVOID Conflict GracefullyIf you’re good at selective conflict avoidance, you will have a greater sense of order and control in your life. Pandemic Pivot - ADR Poised for Prominence During RecoveryNever have we been more needed, and never have we needed to be more flexible. Authenticity in ConflictMany times in tense situations there is a strong desire to minimize the conflict. Best 10 Books About Mediation Ever WrittenThe difference in opinions, beliefs, views, values, and desires, plus the need to establish supremacy of one over the others often causes conflicts to arise in different situations. Landscape of Dispute ResolutionWhen you hear about the word landscape of dispute resolution, the first thing that comes to the mind of the people is litigation before a court of competent jurisdiction. However, the parties need to be made aware that the landscape of dispute resolution is wider. It includes along with litigation, arbitration and mediation. Egalitarian Change – Our Roles and Responsibilites“Never let a good crisis go to waste” – Alistair McIntosh [PODCAST] Reflecting on Nine Months of Virtual ADRA special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations. Theory vs. Reality: Where the Rubber Hits the RoadAfter spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world. Ideas for Teaching Mediation and NegotiationThis article is prompted by my conversation with a really good, experienced colleague who is revising his mediation course. Mediation Confidentiality in Federal CourtAs a consequence of the absence of uniform adoption of the Uniform Mediation Act, the confidentiality of mediation communications in various jurisdictions often cannot be assured. Mediators, Time to Mend Our NetsThis article examines what we should do as mediators during the pandemic.
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