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Reframing in Mediation and Negotiation

“Reframing” is taught in all the basic mediator training courses, and mediator mentors and instructors evaluate and coach novices and students in mediation on their development of this acquired skill.”Framing” refers to the manner in which a client describes the way he or she sees a conflict situation, goal, concern (interest) or issue. Clients often…
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Listening Skills in Negotiation and Mediation

As a collaborative lawyer and trainer, I am constantly working on communication and negotiation skills. One of the reasons I became a collaborative attorney is that the skill set needed is in many ways the same as in mediation, and therefore easily transferrable. The information below although not originating in the collaborative practice area, was…
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Mediator Selection – When Marriage and Business are Combined

In recent years I have noticed a developing trend in divorce mediation. Specifically, there are many more marriages where the parties are also business partners. I first noticed this in my mediations involving married parties from other cultures; notably Asian, Hispanic, and Caribbean. Later, I noticed the same trend in those born in the United…
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Personality and Negotiation

It is a recognized fact that everyone has a different approach to negotiation. The personalities of the parties involved significantly affect the process and outcome of the negotiations. We often hear of the generally accepted four basic personality styles, Driver, Expressive (or Extravert), Amiable and Analytic. While it is true that most people have elements…
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Dealing with Impasse (Mediator and Advocates – Each can help the process!)

In my experience, the most frequently asked question of alternative dispute resolution (“adr”) trainers and professionals is “how to handle and overcome impasse?”  It is my observation that successful mediators have two or three techniques they use with variation, that have helped them to overcome impasse in some instances.  Unfortunately, there is no technique that…
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Five Suggestions for Neutrals with Culturally Diverse ADR Participants (What Advocates Should Know)

I have always felt that the philosophy or motto of a mediator or arbitrator (simply referred to as a “neutral” in this article) should be the same as those in the medical profession – “First, do no harm”. The reason for this is obvious. A neutral needs to establish trust and credibility from the beginning.…
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Civil Cases and the Collaborative Process – Virginia Update – Marshall Yoder and Donita M. King

In the long history of humankind (and animal kind, too) those who learned to collaborate and improvise most effectively have prevailed – Charles Darwin             Collaborative practice continues to grow in popularity as a dispute resolution model in Virginia, the United States and Internationally.  As of last count, collaborative practice in some form existed in…
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