Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation ArticlesOnline Dispute Resolution (ODR): A Viable Solution to Speed and Efficiency Issues in ADRDisputes generally are an integral part of human interactions arising from different human transactions Mediation During the Coronavirus: Putting Things in PerspectiveLearn about a cyclist's positive perspective during Covid-19. Mediation provides a place for clients to gain perspective and, eventually, resolution. The Enugu State Multi-Door Courthouse (ESMDC)The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed. Trust Must Be Earned; Trust is FragileAt the heart of any dispute resolution process is Trust. Mediation Practice in India: An Ineffective RegimeThe reality of mediation practice in India is in stark contrast to mediation taught in theory. If a Crime is Admitted, What Then?If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do? Housing, Transforming Community in Times of COVID-19Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19 Conflict Coaching: Seven Essential QuestionsThis article presents Bungay Stanier’s seven essential questions to focus on in a conflict coaching situation. 1st Key-Leadership: Adopt The Edinburgh DeclarationAt the conclusion of a recent conference, following superb presentations emphasizing the value of principled and interest-based negotiation by William Ury and Scotland’s First Minister, Nicola Sturgeon, almost 100 mediators signed the "Edinburgh Declaration," an inspirational expression of belief and commitment. The Edinburgh Declaration explains why we mediate, something that is rarely publicly expressed. 1st Key-Leadership: The Youth Shall Lead UsHumbling as it may be for adults to admit, the sages who can unlock the Golden Age of mediation may actually be the youth. The Conflict IcebergThe metaphor of an iceberg has commonly been used as a metaphor about conflict. Feedback, Hot Buttons, and White FragilityBeing open to difficult feedback, even about racism, can help you grow. 2nd Key-Data: Develop a Negotiation IndexFolklore was the class at university that fundamentally altered how I view the world. REACH the Three Components of Self-DeterminationConflict is inherent and pulsating in every situation or aspect of life. In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?I believe it is time to start a conversation about whether shorter, staggered sessions ought to be considered a best practice when mediating civil and commercial cases via videoconference. 4th Key-Professionalism: Act to Ensure Mediation is Respected as a True Professional PracticeThis article discusses the importance of professionalism to ensure that mediation is being taken seriously. 4th Key-Professionalism: Encourage Mediation and Arbitration IntegrationThis article discusses the importance of bridging mediation and arbitration. BATNAs and the Emotional Pains from “Positional Negotiation”If you have problems with BATNA theory, you aren’t the only one. Online Dispute Resolution: You Can Do This!Aspects of ODR have been with us in one form another for decades. Using E-Mediation and Online Mediation Techniques for ConflictWhere medicine may have been conventional, the most conservative profession is often thought to be law. Use Mediators and Police as Conflict Resolution PartnersIn recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues. Reflective Practice - Observing Mediator LanguageThe art and craft of mediation, like many other skills, mainly matures from the myriad mistakes mediators make on their way to meticulously mastering the process. Recent Court ADA Case Review for Conflict Resolution PractitionersThis paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases. The Second Mediator? The Role of Mediator’s AssistantThis article examines possible ethical implications of using a mediator’s assistant considering current mediator obligations.
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