The publisher compares three common dispute resolution processes negotiation, mediation, and arbitration - in the framework of Crawford and Sobel (1982). Under negotiation, the two parties engage in possibly arbitrarily long face-to-face cheap talk. Under mediation, the parties communicate with a neutral third part party who makes a non-binding recommendation....
Almost ten years ago, the authors did a workshop showing film clips from popular films they thought were relevant to negotiation and conflict management practice. Since then, each of them have expanded and refined the authors repertoire of films and regularly include them in presentations and trainings. The visual experience...
Truthiness aids many lawyers to think of mediation as essentially the same as the familiar case settlement conference, merely renamed. They have not bothered to consider how it might be separate and apart in purpose, strategies or necessary skill training which might be discomforting. Many have gravitated to the conflict...
There exists an enormous amount of literature dealing with both arbitration and mediation, and it is obviously not possible to cover all points in a few paragraphs. It is, however, possible to alert businessman and lawyers representing them to the fact that alternative dispute resolution, particularly if it is entered...
Litigation represents one avenue of dispute resolution - the last line of defense, if one wills. In dealing with conflict, there is a force continuum that people should follow: effective communication, direct negotiation, mediation, and finally litigation. Too often, people decide to skip steps and go directly for the lethal...
When disputes arise between parties to commercial real estate sales or lease transactions and negotiation does not resolve the conflicts, the opposing parties often consider filing civil lawsuits to resolve the disputes. Unfortunately, lawsuits can be expensive and time-consuming, and generally are not effective at preserving working relationships. Parties to...
Mediation is just one of the forms of dispute resolution that are "Alternative" to litigation through the courts. It helps to have some understanding of the others. The first two forms of dispute resolution fall outside the ambit of any formal procedures. The first is avoidance, which is a consciously...
What kinds of information can one expect to find when doing research in alternative dispute resolution? To the extent that ordinary issues of law arise when considering methods of alternative dispute resolution, such as whether an agreement to arbitrate is judicially enforceable or whether communications in the course of mediation...
In the past quarter century, significant changes have occurred in the ways lawyers approach conflict. There have been unprecedented efforts to develop strategies aimed at more efficient, less costly and more satisfying resolution of conflict, including more extensive and appropriate use of mediation and other "Alternative Dispute Resolution" ADR approaches....
From the executive summary: ‘It is fear of loss that catapults people into conflict. It is fear that can keep them from resolving it. In mediation, if the fear of loss outweighs the benefit of the offer, then it will be impossible for the party to choose resolution.' The paper...
As formal arbitration is mirroring litigation in both time and expense, commercial mediation is becoming an attractive ADR option, and such it can be useful to keep abreast of alternative approaches and methods to better serve parties in a dispute. The article's main focus is upon the Flexibility of Commercial...
Conflict arises due to divergent perspectives of individuals on issues. Among the most effective ways of conflict resolution are negotiations or some form of third-party adjudication or mediation. Therefore, it is seen that communication plays an important role in conflict resolution. The paper examines issues involved in verbal means of...
Mediation, in its most simple form, is the intervention of a third party the mediator into a dispute with the aim of helping the disputants reach an agreement and so end the dispute. It allows the parties in dispute to make their own decisions. It is likely that its use...
Deep-seated interpersonal conflict requires an enormous amount of skill to mediate, even when the best of present-day theory is put into practice by trained and skilled mediators. Yet others who may have little mediation training, such as facilitators, may at times find themselves in the role of mediator. Mediation has...
From the executive summary: ‘Mediation, as a tool for resolving conflicts, is becoming more widely accepted throughout the world. This demand is due, at least in part, because of the woeful inadequacies of today’s judicial system. Today’s increasing utilization of the mediation process is at least a beginning in the...
With a few modifications, the estate-planning process could be less prone to conflicts, and a more rewarding and rich experience for everyone involved. Estate planning is a process by which one generation passes wealth to others, usually their adult children. It has become a highly complex and specialized field in...
Three mediator dilemmas emerging from the critical literature on alternative dispute resolution were explored in this study of workplace mediation. The paper found that most surveyed practitioners and industrial relations experts believed that mediators would take measures to circumvent the dilemmas, should they arise. These measures include applying appropriate standards...
Family business owners can follow many paths into conflict, but only a few paths lead out of it. The path that owners choose will determine not only what the outcome will look like, but also who will be involved, what the process of getting from conflict to resolution will involve,...
Achieving simplicity in what seems to be an ever-complicating world is an on-going objective for both lawyers and clients, alike. While technology offers us the promise of simplicity, it creates, at the same time, greater interdependence, and reliance upon each other. When the inevitable dispute arises, swift, certain, reliable and...
