Negotiation

Mediators often talk about the power of framing their own language and reframing the language of parties and others in mediation settings. For example, mediators may frame their comments in neutral,…

The Problem with Conventional Wisdom in Negotiation  Conventional wisdom in negotiation provides specific responses to stimuli that are categorized as competitive or cooperative behavior. Depending…

How many times have you confronted the mediator before the session begins with this question: “You’re not going to do a joint session are you? I don’t l think it will be productive.” The conventional…

This story is for you if: You have made a big mistake in a negotiation and you need a way to recover; Your efforts at settlement have fallen on deaf ears; You have stepped in a negotiation minefield…

It is a fact of life that lawyers will be involved in many mediations, particularly where they involve litigation matters. Despite initial reluctance to embrace mediation, the tide is turning as…

Mediation doesn't require special premises. It can be conducted in any type of place. There are Native Title mediations for Indigenous Australians that can happen at least in part on the land in…

This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the…

What is Collaborative Law and Practice? Collaborative Law is a mode of dispute settlement, mainly used in family disputes (divorce, separation) and sometimes in civil matters (inheritance, commercial…

Anyone who saw the 2010 Wimbledon match between Nicholas Mahut and John Isner would appreciate my feelings as I watched an almost endless play of wits during a recent energy deal in which I had been…