Should you have encountered the term ‘alternative dispute resolution’ and wonder what it means, this TIP will help you. ADR is a generic term that gathers together all dispute resolution processes that do not involve litgation. Individuals and businesses that prefer to resolve conflict without lawsuits may seek to ‘negotiate’. If they are uncomfortable doing […]
If you are about to begin a negotiation or mediation, you may wonder when the timing is right to determine your ‘ZOPA’ (zone for possible agreement). The simple answer is that there is no single time to work out your ZOPA. As you prepare before beginning any formal meetings, you gather new information about the […]
When preparing to negotiate, here is a short list of tips that should help you. Your attitude going into negotiation is crucial. You need to be a problem solver, not a problem creator. You need to understand that negotiation seeks to maximize meeting everyone’s needs. It is all about ‘we’, not about ‘me’. Avoid sniping […]
If you are considering engaging in negotiation or mediation, one of the skills you need to factor in, is the skill of ‘active listening’. 1) All too often when people want their way, they fall into two possible traps. The first is a reluctance to listen and consider the other party’s needs. 2) The second […]
If you’re involved either in a negotiation or a mediation, you need to understand the concept of ‘ZOPA’. ZOPA is an acronym that stands for ‘zone of possible agreement’. Any negotiation or mediation is at least two sided. Of course, there may be more than two parties. If so, the zone for possible agreement shrinks […]
When involved in any negotiation, there are four possible outcomes. Here they are and the reasons for them. You are so successful at negotiating an agreement that you ‘win’. If the other party negotiates poorly or is the victim of a resource imbalance (ie a power imbalance), he will lose. Reversing these roles, assuming the […]
Negotiation is a practical process that is part of every day life. We often take it for granted sometimes forgetting that we constantly negotiate at home and at work over things large and small. Regardless of the subject matter, a stalled negotiation suggests that the other party isn’t ready to commit. So ask him directly […]
If you are looking at arbitrating a business or property dispute, here are some tips that should help you. Arbitration is an ‘out of court’ decision making process unlike mediation. It is governed by statute and the processes are set out in provincial and federal statutes depending on subject matter. The parties must agree to […]
If you are about to engage in mediation, here are some pointers you should consider. Mediation is a staged process. At each stage the parties must not only speak. They need to listen. The basic purpose of mediation is problem solving. To reach that objective, the mediator brings his training, and skill to the table […]
If you are considering private arbitration instead of litigation to resolve a property or commercial dispute, here are some points to consider. Both arbitration and litigation operate within the boundaries of law, both statutory and common law. Just as the judgments of courts may be appealed, so to are awards made by arbitrators unless the […]
