Category Archives: ADR

The Mediator’s Ethical Filter

There are many times when a mediator is removed from the mediation process because he or she is not neutral or has a conflict of interest. Since neutrality is one of the cornerstones of the mediation process, using an ethical … Continue reading

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Deal Protections: Bargaining Strategies in Negotiation

Most of the blogs we have posted and the majority of the articles you read on the internet focus on negotiation between two parties. However, those of us that are regularly involved in the field of negotiation know that negotiators … Continue reading

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New Dispute Resolution Skills

We have previously discussed the difficulty of negotiating with colleagues and those you have a personal relationship with. Typically, we are told to only focus on the task at hand and keep all relationship issues aside. However, this may not … Continue reading

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Negotiations: Using Bias to Your Advantage

We continue our theme this week by focusing on negotiations. When many of us enter negotiation, we have some cognitive biases that we bring along with us to the table. Russell Korobkin of UCLA and Chris Guthrie at Vanderbilt University … Continue reading

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Negotiation: The Right of First Refusal

This week we continue with our focus on negotiation. The rights of first refusal refers to the chance to be first in line to repurchase a property if the buyer decides to sell it at a later time. Although this … Continue reading

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Ethics and Fairness in Negotiation

There are often times in business where you may feel a need to negotiate. For example, you may want to negotiate the terms of a contract. Other times you are forced to negotiate. An example would be selling your business, … Continue reading

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The Changing Definition of ADR

Many attorneys and scholars have written about the “vanishing trial.” This refers to the decrease in the number of people going to trial to settle their disputes. Instead, more and more people are turning to ADR methods. Most people know … Continue reading

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