Mark Ashworth - ADR Solutions
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Negotiation Articles
Negotiation ArticlesMediation and LawyersA common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am I going to have to hire a lawyer?” Implicit Bias in Judging!Recently, I attended a Zoom presentation sponsored by the American Jewish Committee San Francisco entitled, “Judging Implicit Bias: The Role of Implicit Bias in Judicial Decision-making.” The Emotional EmbraceOne beautiful morning my toddler was playing in his Cozy Coupe toy car when it was time for me to take him to playgroup. Acknowledging Mistakes at WorkOne of the big issues that creates conflict at work and interferes with harmonious relationships, is many people’s inability to acknowledge their own mistakes. New UK Report on Mandatory ADRThe UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances. Who Should You Call When in Conflict?Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference? Power of Mediation in Virtual ClassroomsThe COVID-19 pandemic has changed numerous areas of our lives, including education. How to Avoid a Rough ArgumentWhen you’re arguing, the worst thing that you can do is expect one person to come out of the argument victorious. Now More than Ever, Creativity is Needed in DivorcesWe live in an uncertain world where things can change radically at the drop of a hat. We experienced this last year in a huge way with the Covid-19 outbreak. Mediation Briefs and PreparationWhy do mediators request briefs from the parties? No- it is not just to learn about the case. What is a Mediator?The common attribution to the word ‘Mediator’ is one who is neutral, one helps to resolve or one who helps to balance the power to create a space for negotiation and navigate through barriers created by perspectives. Immigration and Conflict ResolutionThis article examines this author's perspective on immigration from a conflict resolution perspective. Things fall apart. How to respond?Like it or not, there’s no going back to the old ways of leading and managing. We must expand the skill set of leaders at all levels. Disruptions, Disputes, and Dialogue: What Just Happened?Let’s reflect on our experiences, the mistakes we made, the lessons we learned and the conflicts we resolved. 3 Strategies for Effective Co-ParentingAbove all, remember that co-parenting is about your kids. Confirmation Bias: Something Mediators Need to AppreciateAs far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years. Shovel 4 - Diminished - Tradition reducedAs the fence grows larger, traditional mediation is further diminished by all the versions in the current culture. Business Interruption Insurance Claims and COVID-19In a democracy, there exists a presumption of freedom to operate within the context of the law. Mediation in the Field of Business and Human RightsMediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international). Conflict EscalationOne thing that all humans can agree upon is that we make assumptions. Whether we like it or not it is part of our nature. Insurrection, Demagoguery, and the Mediation of Political ConflictsFollowing the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before. Do You Model Conflict Competence?“Setting an example is not the main means of influencing others; it is the only means.” ~Albert Einstein Stress, Depression, and Heart Attacks: What Poor Management Does to Employee HealthWe know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious. Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODRRSI’s Director of Research, Jennifer Shack, and Professor Shestowsky are working with the Pew Charitable Trusts to evaluate online platforms that courts are using to assist parties in engaging in mediation and negotiation. Retaining Your Assets in DivorceAfter years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.
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