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Negotiation Articles

Negotiation Articles


Update on Remote Mediations and the Virtual Evolution of ADR

(10/30/20)Linda Singer

During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely.

Conflict and Culture on a Voyage to Mars

(10/30/20)Lorraine Segal

Survival depends on understanding and working together.

What To Do When Parties Attribute Bad Faith Motives To Each Other

(10/30/20)Jonah Orlofsky

Nearly all mediations involve parties that view the same facts in a very different light. But in a great many mediations, the parties go further.

Suggestions for Virtual Jury Trials

(10/30/20)Renata Schaffer

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe.

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines.

The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent virtual mock trial that was held via Zoom and hosted by the Civil Jury Project. In the report titled “Suggestions for Remote “Zoom” Jury Selection,” the authors discuss panel size, jury selection questionnaires, technology issues, time limits, instructions for the jury, and more.  It’s an informative report describing specific issues for this new, online environment that need to be considered in order to improve virtual jury trials.

Parker and Weizenecker suggest the following areas for improvement:

Currently, there is not a remote platform designed for jury trials. It is our understanding that the Civil Jury Project at NYU Law School has contacted Zoom urging the design of an intuitive, user-friendly, litigation/trial specific platform resembling a real courtroom. Here are some additional suggestions related to the design of that platform:

  • As stated above, allow the locking in of juror position on the screen;
  • As stated above, put limitations on the chat function;
  • Ability of judge (host) to control what participants see on their screen instead of participants using individual settings, so that everyone sees the same thing on their screens;
  • Objection button for counsel to object, which would eliminate the need for counsel to verbally interrupt in front of the jury;
  • Integration of documents with the platform including: impeachment folders, exhibit folders, and verdict form;
  • Better capabilities for interaction with demonstrative aids, especially when using PowerPoint.

Although the mock Zoom jury trial and report do not specifically address criminal cases, the lessons learned can be useful for improving most virtual jury trials.

Deescalating Verbal Attacks

(10/26/20)Patricia Porter

After 28 years of marriage, you wouldn’t be surprised to hear me say my husband I and get into arguments, at times.

Texting Your Way To Resolution!

(10/26/20)Phyllis Pollack

Perhaps in our lives we need to take a cue from hostage negotiators.

An Academic Journal on Hispanic America Online Dispute Resolution

(10/26/20)Alberto Elisavetsky

The inaugural ODR journal: Opening Ways of Knowledge for Hispano America.

What Is E-Mediation?

(10/26/20)Kayla Matthews

The internet has become an indispensable business resource as more companies rely on online tools.

Bedrooms, Bookcases, or Beaches: Choosing and Organizing Your Background with Purpose

(10/26/20)David Ross

Today’s post explores how best to present yourself in a virtual mediation.

Mediation In Greece

(10/26/20)Tsiptse Olga

This article discusses mediation in Greece, how the “Journey” started and the current situation.

Una Revista Academia Sobre ODR

(10/19/20)Alberto Elisavetsky

Abriendo Caminos de Conocimiento para LatinoAmerica

Because Mediators Deserve a Personality Test Too

(10/18/20)Clare Fowler

This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.

The Singapore Convention and the JAMS/SCMC Joint Mediation Panel

(10/16/20)Gary Birnberg, Ranse Howell

This article discusses new opportunities for cross-border mediation, collaboration and dialogue.

Evaluating Mediation’s Future

(10/16/20)Beth Graham

In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.

Mediated Settlement Agreements in India - To Enforce or Not ?

(10/09/20)Ved Thakur, Yash More

Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.

Fight or Flight & Other So-So Responses to Conflict

(10/09/20)Lorraine Segal

Fight, Flight, Freeze—that what neurobiologists say are our ancestral (and current) unconscious response choices in a threatening or conflict situation.

Creating Accessible Mediation

(10/09/20)Heather Kennedy

This paper summarizes legal and ethical reasons for accessible meditations and provides a summary of how to accomplish this goal.

Why We Caucus

(10/09/20)Alnoor Maherali, Ehsan Ali

To come together, sometimes we need time apart.

October Month of Conflict Resolution Week 2: Featuring 4 Peacebuilding Think-Tanks Across the World

(10/09/20)Anupriya Kukreja

As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.

Use Silence in Facilitating

(10/02/20)Ronald S. Kraybill

What can a facilitator do with an extremely persistent person, who refuses to stop interrupting others in mediating or facilitating?

Mediate.com Survey: Analyzing the Field

(10/01/20)Colin Rule, Clare Fowler, Sharon Woodhouse

Mediate.com asked 300 dispute resolution professionals 7 questions about the field. Initial results are here.

When People Interrupt

(9/30/20)Ronald S. Kraybill

The problem we saw in the recent residential debate is familiar to any mediator: How do you keep angry people from interrupting each other?

Talking It Out- The Problem With, And In Rural Areas

(9/28/20)Aavieral Malik

It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.

Mediation as a Business Accelerator

(9/25/20)Orit Asnin

This article discusses how mediation can help business, an inspiring example from The Middle East.

Secrets in Plain Sight

(9/25/20)Lucia Kanter St. Amour

Secrets in Plain Sight

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