MEDIATION: PROVIDING FOR COMPLIANCE

If you are about to participate in a mediation that you expect to result in an agreement but are concerned about the possibility that the other party may not fulfill all its promises, here are some helpful tips. Some agreements provide for immediate fulfillment of all terms and are immediately completed. These agreements are not […]

RESOLVING BUSINESS CROSS-CULTURAL CONFLICT

As the numbers of multi-cultural employees increase in western businesses, cross-cultural conflict can cause dissension among staff and a decline in productivity. Here are some of the steps employers can take. Management needs to recognize that cross-cultural conflict will occur and must be dealt with quickly to avoid workplace disruption. Whether workplaces have HR departments […]

WIN/WIN or WIN/LOSE: IT’S UP TO YOU

In any negotiation or mediation, your tactics and strategies will dictate success or failure. Here’s why. 1)Planning and preparation are essential. No matter what business you operate, no one is an island. So whether you’re buying or selling goods or services you need to deal with others. 2) While driving a hard bargain may be […]

COMMUNICATION : THE COMMON DENOMINATOR IN ADR

Although the field of alternative dispute resolution is multi-faceted, communication is a common denominator that applies across the board. The ADR field ranges from direct one on one negotiation, to negotiation using professional negotiators, or coaches who train others to negotiate, to mediation and arbitration. No matter how you proceed your skill in communication is […]

MEDIATION AND EQUALITY

If you are considering mediation for a business or property dispute, here are a few tips. Even though the word ‘mediation’ is derived from the latin word for ‘middle’, mediation does not mean that a dispute is settled by splitting the difference and ‘going up the middle.’ Mediation takes a number of factors into consideration. […]

THE IMPORTANCE OF ACTIVE LISTENING

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 […]

‘ZOPA’

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 […]

BEST ALTERNATIVE TO A NEGOTIATED AGREEMENT

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 […]

MEDIATING WITHOUT CONVERSATIONS

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 […]