The Negotiation Within: Outer Ideas on Inner Dialogues
When I first read Bob Bordone’s e-mail describing the symposium on “The Negotiation Within,” I was of two minds. Part of me wanted to attend.
HNLR Online Article, Lead Article
Featured Articles, HNLR Online Article
New Perspectives in Negotiation: A Therapeutic Jurisprudence Approach
The field of law is experiencing a gradual evolutionary movement, as practitioners eschew the traditional adversarial approach in favor of cooperative methods which produce more beneficial, integrative outcomes.
ADR, Collaborative Law, Effective Communication, HNLR Online Article
Collaborative Divorce: A Model for Effective Problem-Solving and Prevention
A Review of Forrest S. Mosten, Collaborative Divorce Handbook* By Thomas D. Barton** Introduction Collaborate Divorce Handbook, by Forrest S. Mosten, delivers what its title suggests–a complete, point-by-point practical guide for lawyers wishing to learn about collaborative divorce techniques. But this book also offers much more, and to a far broader readership. It can inspire all lawyers to adopt a stronger, more effective, and more personal approach to clients. It can inform related professionals–mental health
Featured Articles, HNLR Online Article
Decisional Errors – On the Field, On the Bench, In Negotiations
The Question is Not Whether Humans Make Decisional Errors, But How to Compensate for Them By Donald R. Philbin, Jr. ESPN recently dubbed baseball umpire Tim McClelland’s missed calls in Game 4 of the American League playoffs as “the worst umpiring performance at an Angels games since Leslie Nielsen in ‘The Naked Gun.’”1 While his mistakes were not outcome determinative, they rekindled calls for the use of instant replay. Those of us who have spent
HNLR Online Article, Negotiation
Power Differentials in Negotiation: Don’t Let ’em Push You Around
By Stephen Frenkel Participants in MWI’s Collaborative Negotiation Trainings often ask how they should handle significant power differentials. Most frequently, this question is asked by those who perceive themselves to be in a position of lower power. “A collaborative approach is all well and good,” they say, “but what happens when the other side doesn’t need to buy into that approach because they have the upper hand?” My first approach is to challenge them on
_, HNLR Online Article
Settlement And Justice For All
By Robert C. Bordone & Matthew J. Smith Recently the Justice Department announced that it had entered into a $2.3 billion settlement agreement with pharmaceutical colossus Pfizer, bringing to a close a four year investigation alleging that Pfizer had illegally marketed and promoted the painkiller Bextra as a remedy for conditions that had not been approved by the FDA. As the federal and state prosecutors involved in the case celebrated the largest health care fraud settlement
Dispute Systems Design, HNLR Online Article
Systems for Dealing with Conflict and Learning from Conflict—Options for Complaint-Handling: an Illustrative Case
By Brian Bloch, David Miller, and Mary Rowe The phone rings in the Ombuds Office[1]. A Ms. Lee is telephoning the ombudsman from far away. Lee is a department head in our organization who is temporarily assigned overseas. She says that a colleague, Ms. Dula, insisted that Ms. Lee call the Ombudsman immediately. Ms. Lee says that Ms. Dula noticed her crying in the bathroom, listened for a while, and then Ms. Dula insisted that
Dispute Systems Design, HNLR Online Article
Organizational Systems for Dealing with Conflict & Learning from Conflict
Introduction Click here to download the full article (pdf) Ideas about conflict are compelling topics for those of us who in work in organizations. We think about workplace justice, alternative vs. appropriate dispute resolution, and how to help leaders and teams deal effectively with the concerns and conflicts that preoccupy them. We think about organizational systems for dealing with conflict and learning from conflict. The present authors prefer this concept to the conventional term “conflict
Arbitration, HNLR Online Article
Managing Cultural Differences In An International Organization Conflict Management System
David Miller, Staff Ombudsman, World Health Organization Click here to download the full article (pdf) Conflict management requires recognition that conflict is occurring. However, often there is no such recognition. Boundaries are often violated, behaviourally or verbally, by apparent abusers, harassers or aggressors unaware of the effects of their actions. And some people perceive no constraint on their actions. Sometimes also, those who are injured are not able to understand — or find it hard
Dispute Systems Design, HNLR Online Article
Creating a Faith-Based Conflict Management System
Brian Bloch Download the full article (pdf) Every organization has to deal with conflicts. Many deal with them on an ad hoc basis without articulating a standard way to process conflicts. Few have gone to the extent of designing a conflict management system (CMS). Faith-based organizations (FBOs) are no exception. While many FBOs have well-developed programs for conciliation, mediation, and scripture-based peacemaking, very few religious communities have taken advantage of the CMS approach to their