Mediation from both sides of the aisle (charles gordon)JAMSInternational
This document discusses mediation from the perspectives of both a lawyer and mediator. It describes mediation as a process of assisted negotiation where a neutral mediator helps parties reach an agreement. The document outlines when mediation is appropriate, the mediation process, how lawyers and mediators should prepare and participate, and the objectives and techniques a mediator uses to resolve disputes or lay the groundwork for future resolution. Even if a case does not settle at mediation, the mediator notes the process is not over and settlement is still possible through follow up, during trial, or on appeal to allow parties control over the outcome.
The document provides an overview of negotiation strategies and skills. It discusses how everything can be viewed as a negotiation, from personal matters to business deals. It outlines goals for negotiations, including distributing value versus creating value. Common negotiation styles like competitive, accommodating, and avoidance are described. Key skills discussed include listening, flexibility, and considering interests rather than positions. The document cautions against negotiation traps and provides strategies for responding to tactics like extreme claims or threats. Finally, case studies and examples of negotiations in different contexts like research projects and business partnerships are presented.
The document discusses creativity and problem solving in negotiations. It describes different mental models negotiators can take, such as seeing negotiations as problem solving or partnership. Creative negotiations aim to expand options and find win-win agreements. Contingency contracts can help manage risks if they are clearly defined and parties can enforce them. However, cognitive biases like anchoring can limit creativity. The document provides strategies and techniques for overcoming these barriers to creative thinking and problem solving in negotiations.
This is the master deck for my speaking, coaching, training and consulting on how to best resolve conflicts with better assessment, planning, negotiation, and appropriate dispute resolution.
Mediation involves a neutral third party (mediator) facilitating negotiations between two or more disputing parties to help them resolve conflicts. Key characteristics of mediation include that it is voluntary, confidential, and focuses on facilitating the process. Mediators use different styles, from evaluative (weighing arguments) to purely facilitative. Mediation is often encouraged by courts early in legal proceedings and involves skills like negotiation, trust-building, impartiality and process control. The mediation process typically involves opening statements, private sessions between the mediator and each party, and final joint discussions. Mediation has a high success rate and allows parties more control, but relies on voluntary agreement and lacks enforceability of court orders.
This document discusses the key elements of a negotiation involving 12 jurors deciding the verdict in a criminal case. It outlines that the initial position was 11 jurors felt the boy was guilty while 1 juror disagreed. The common interest is reaching a consensus decision. It provides an overview of diagnosing the bargaining situation, identifying the interested parties and their positions, reservation points, target points, and the zone of potential agreement. It also discusses distributive vs interest-based negotiation approaches and different negotiation styles.
This document discusses five ways to make litigation cheaper. It begins by defining litigation and discussing risk management strategies like clear terms and conditions, insurance policies, and appointing a risk manager. It then covers engaging solicitors efficiently by preparing documents yourself and keeping solicitor time minimal. Alternative dispute resolution methods like mediation and arbitration can help settle disputes cheaper than going to trial. The document ends by noting the biggest cost drivers in litigation like poor disclosure management and unrealistic approaches, and recommends settling early, agreeing to mediate, focusing on proportionality over principle, preparing well yourself, and using litigation funding options.
Mediation from both sides of the aisle (charles gordon)JAMSInternational
This document discusses mediation from the perspectives of both a lawyer and mediator. It describes mediation as a process of assisted negotiation where a neutral mediator helps parties reach an agreement. The document outlines when mediation is appropriate, the mediation process, how lawyers and mediators should prepare and participate, and the objectives and techniques a mediator uses to resolve disputes or lay the groundwork for future resolution. Even if a case does not settle at mediation, the mediator notes the process is not over and settlement is still possible through follow up, during trial, or on appeal to allow parties control over the outcome.
The document provides an overview of negotiation strategies and skills. It discusses how everything can be viewed as a negotiation, from personal matters to business deals. It outlines goals for negotiations, including distributing value versus creating value. Common negotiation styles like competitive, accommodating, and avoidance are described. Key skills discussed include listening, flexibility, and considering interests rather than positions. The document cautions against negotiation traps and provides strategies for responding to tactics like extreme claims or threats. Finally, case studies and examples of negotiations in different contexts like research projects and business partnerships are presented.
The document discusses creativity and problem solving in negotiations. It describes different mental models negotiators can take, such as seeing negotiations as problem solving or partnership. Creative negotiations aim to expand options and find win-win agreements. Contingency contracts can help manage risks if they are clearly defined and parties can enforce them. However, cognitive biases like anchoring can limit creativity. The document provides strategies and techniques for overcoming these barriers to creative thinking and problem solving in negotiations.
This is the master deck for my speaking, coaching, training and consulting on how to best resolve conflicts with better assessment, planning, negotiation, and appropriate dispute resolution.
Mediation involves a neutral third party (mediator) facilitating negotiations between two or more disputing parties to help them resolve conflicts. Key characteristics of mediation include that it is voluntary, confidential, and focuses on facilitating the process. Mediators use different styles, from evaluative (weighing arguments) to purely facilitative. Mediation is often encouraged by courts early in legal proceedings and involves skills like negotiation, trust-building, impartiality and process control. The mediation process typically involves opening statements, private sessions between the mediator and each party, and final joint discussions. Mediation has a high success rate and allows parties more control, but relies on voluntary agreement and lacks enforceability of court orders.
This document discusses the key elements of a negotiation involving 12 jurors deciding the verdict in a criminal case. It outlines that the initial position was 11 jurors felt the boy was guilty while 1 juror disagreed. The common interest is reaching a consensus decision. It provides an overview of diagnosing the bargaining situation, identifying the interested parties and their positions, reservation points, target points, and the zone of potential agreement. It also discusses distributive vs interest-based negotiation approaches and different negotiation styles.
This document discusses five ways to make litigation cheaper. It begins by defining litigation and discussing risk management strategies like clear terms and conditions, insurance policies, and appointing a risk manager. It then covers engaging solicitors efficiently by preparing documents yourself and keeping solicitor time minimal. Alternative dispute resolution methods like mediation and arbitration can help settle disputes cheaper than going to trial. The document ends by noting the biggest cost drivers in litigation like poor disclosure management and unrealistic approaches, and recommends settling early, agreeing to mediate, focusing on proportionality over principle, preparing well yourself, and using litigation funding options.
Negotiation skills the missing ingredient to career success psstcJack Molisani
Technical Writing has always been a field in which we plan for output channels that don’t even exist yet, but it seems like authoring tools and technology are evolving faster the than technology we are writing about.
In this session I’m not going to talk about the latest tools and technology you need to learn to stay competitive. Instead, I’ll share what I see is holding most content professional back from quantum leaps in career development: soft skills like conflict resolution, workplace negotiation skills, and more.
This document outlines the steps and considerations for conducting pre-mediation interviews. It involves separately interviewing all parties to understand the history and context of the dispute, assess whether mediation is appropriate, educate the parties on the mediation process, and identify any factors that could prevent resolution. The goal is to define the mediator's role, establish confidentiality, understand each side's perspective and expectations, and determine if the parties are willing and able to negotiate in good faith.
Mediation is a voluntary alternative dispute resolution process in which a neutral third party helps parties reach a negotiated settlement. It has several benefits such as being informal, quick, flexible, cost effective, and allowing parties to preserve relationships and maintain control. Mediation is most suitable when parties are committed to the process, an ongoing relationship is important, privacy is important, or there is time pressure to settle. The mediator's role is to facilitate by summarizing issues and identifying common ground and options to help parties evaluate alternatives and reach an agreement.
Co-Op(eration) or Competition: Creating Synergy in Your Real Estate BusinesMaura Neill
This document discusses cooperation between real estate agents when working together on transactions. It poses questions about pet peeves when cooperating, whether the relationship with the other agent can affect the transaction outcome, and whether service to the other agent is as important as service to the client. It discusses mindset, expectations, core values like honesty and putting people before profits. It provides examples of creating positive experiences through communication, technology sharing, and being responsive, compassionate and grateful. The importance of small gestures and creating an unforgettable co-op experience is emphasized.
This document discusses strategies for effective negotiation. It outlines two main approaches: advantage seeking, which prioritizes individual gain in the short term but can damage relationships, and joint gain seeking, which takes more time but expands opportunities for mutual benefit over the long run. Key tactics for joint gain seeking include focusing on interests rather than positions, developing multiple options to link differences, using objective criteria, and separating people from the problem. Trust is important but must be built through authentic communication and keeping commitments. The document provides advice for negotiations involving groups, such as establishing process norms and facilitating discussions to ensure all voices are heard.
The document discusses mediation as an alternative dispute resolution process where a neutral third party, the mediator, facilitates negotiation between disputing parties. Mediation is voluntary, private, and confidential. It aims to improve understanding and allow parties to reach a mutually agreeable settlement. Compared to litigation, mediation is typically less expensive, quicker, less stressful, and improves compliance. The mediator guides parties through introducing themselves, telling their stories, identifying issues, generating alternatives, and reaching an agreement to conclude the process. [/SUMMARY]
April 2011 Part I What Every Executive Should Know About Dispute ResolutionRBCG1
The document discusses various dispute resolution options for business executives including mediation, arbitration, negotiation and litigation. It provides details on each process and notes that mediation and arbitration are generally better than litigation when future relationships are important. The document also summarizes the key steps and considerations for mediation and arbitration as the main alternative dispute resolution approaches.
A PowerPoint presentation of advanced mediation. The six mainstream styles of mediation, their structure and grounding. Get an introduction to the PP by mailing hans.boserup@gmail.com
www.mediator.dk
Creating well meaning client relationships slideshareRachel Staggs
Financial adviser marketing - how you engage with clients and the stories you share can help build effective relationships with clients and business partners. Sharing stories helps articulate your value and displaying engaging characteristics ensures people will want to connect with you and listen to the advice you have.
Short Sales Foreclosures Re Os Instructor Power Point V3[1]Diana Sullivan
This document provides an overview of opportunities available to real estate agents in short sales, foreclosures, and REO properties. It discusses the foreclosure process and defines short sales, foreclosures, and REOs. The document then focuses on each area individually, outlining key aspects such as qualifying criteria, the steps involved, and how agents can leverage systems and relationships to build expertise in these market opportunities. Throughout, it emphasizes that mastering these skills requires time, willingness to accept risk, and leveraging tools and assistance from others.
This document discusses different decision-making styles - Followers, Charismatics, Sceptics, Thinkers, and Controllers. For each style, it describes their personality traits and decision-making approach. It then provides tips on how to best influence each style, focusing on demonstrating evidence, building credibility and relationships, appealing to data and authority, and structuring arguments logically. The overall goal is to understand different perspectives on decision-making and tailor an approach accordingly.
Win-win negotiation as it applies to the world of project management and business analyses is explored. This presentation includes tools for PM and BA practitioners.
Transformative mediation seeks to empower parties and foster mutual understanding between them, allowing them to define issues and find solutions themselves. It aims to improve parties' conflict resolution skills and consideration of other perspectives. In contrast, problem-solving mediation focuses on reaching a settlement, with mediators taking a more active role. Transformative mediation leaves responsibility for outcomes with parties and recognizes conflict as a long-term process, viewing increased empowerment and understanding as a successful outcome even without settlement.
1. The goal of alternative dispute resolution (ADR) like mediation is to help disputing parties resolve conflicts earlier than if they continued in court to avoid increased costs and damage to business relationships.
2. Mediation works best when the neutral third party mediator acts as a trusted advisor and helps the parties focus on the underlying business problem rather than legal issues in order to find a mutually agreeable solution.
3. Effective mediation uses various techniques like reality testing, evaluating settlement costs, and addressing parties' interests to help them change perspectives and reach an agreement.
Have you ever wondered how underdogs and good guys win? How does a smaller force, out-numbered or out-gunned, seize victory? The answer lies in the motivation of a higher purpose, by doing your homework, by planning better, being smarter & more ambitious, by using the right tactics and by being more agile once the fight has started.
If you apply these principles to your negotiations, you can even up the odds in any scenario.
Learn about four simple negotiation phases through the lens of simple military principles from a seasoned retail negotiator.
The document discusses key principles for successful consulting using chess metaphors:
- Allow "foot soldiers" or junior consultants to be creative in solving problems, as they have direct access to operational details.
- Engage a "rook" or critic on the team to ensure strict compliance with laws and regulations.
- Remain adaptable like a "bishop" to unpredictable changes in client needs, teams, or regulations.
- Reserve the prowess of the "queen" for handling unexpected crises too complex to resolve routinely.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document provides an overview of alternative dispute resolution (ADR) options for resolving business disputes, focusing on mediation and arbitration. It discusses the four main ADR processes - mediation, arbitration, negotiation, and litigation - and explains that mediation and arbitration are private processes where the parties craft their own solution or an arbitrator makes a binding decision, respectively. The document also outlines the typical steps involved in mediation and arbitration and highlights advantages like cost and time savings compared to litigation.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document discusses alternative dispute resolution options for resolving business disputes, focusing on mediation and arbitration. It provides information on four dispute resolution processes - mediation, arbitration, negotiation, and litigation. Mediation involves a neutral third party helping parties reach a mutually agreeable settlement. Arbitration involves a binding decision by an arbitrator. Negotiation involves direct discussions between parties. Litigation involves a public, adversarial process where a judge decides a winner. The document emphasizes that mediation and arbitration are better than litigation when future relationships are important.
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
The results delivered by projects usually depend upon what you negotiate. Successful project leaders explore a perspective, principles, tools, and recommendations to achieve better results through the power of negotiations. They avoid being set up for failure by recognizing and developing skills that lead to greater success. Negotiating is fun…and is productive. Everything is negotiable, both at work and in everyday lives. It is in our best interests, and for your team and organization, that you embrace negotiating as a requisite skill…and implement it dutifully. This presentation was developed and delivered by Randy Englund as part of the Cadence Distinguished Speaker Series Webinars. For more information, visit http://www.cadencemc.com.
The document discusses the core skills needed to be a trusted advisor: the ability to earn trust, give advice, and build relationships. It explains that trusted advisors value maintaining relationships over short-term gains. Building trust is a multi-stage process involving engaging with clients, listening to understand their needs, framing issues collaboratively, envisioning solutions together, and committing to agreed upon actions. Trusted advisors focus on understanding clients' perspectives and priorities rather than just providing rational solutions.
Negotiation skills the missing ingredient to career success psstcJack Molisani
Technical Writing has always been a field in which we plan for output channels that don’t even exist yet, but it seems like authoring tools and technology are evolving faster the than technology we are writing about.
In this session I’m not going to talk about the latest tools and technology you need to learn to stay competitive. Instead, I’ll share what I see is holding most content professional back from quantum leaps in career development: soft skills like conflict resolution, workplace negotiation skills, and more.
This document outlines the steps and considerations for conducting pre-mediation interviews. It involves separately interviewing all parties to understand the history and context of the dispute, assess whether mediation is appropriate, educate the parties on the mediation process, and identify any factors that could prevent resolution. The goal is to define the mediator's role, establish confidentiality, understand each side's perspective and expectations, and determine if the parties are willing and able to negotiate in good faith.
Mediation is a voluntary alternative dispute resolution process in which a neutral third party helps parties reach a negotiated settlement. It has several benefits such as being informal, quick, flexible, cost effective, and allowing parties to preserve relationships and maintain control. Mediation is most suitable when parties are committed to the process, an ongoing relationship is important, privacy is important, or there is time pressure to settle. The mediator's role is to facilitate by summarizing issues and identifying common ground and options to help parties evaluate alternatives and reach an agreement.
Co-Op(eration) or Competition: Creating Synergy in Your Real Estate BusinesMaura Neill
This document discusses cooperation between real estate agents when working together on transactions. It poses questions about pet peeves when cooperating, whether the relationship with the other agent can affect the transaction outcome, and whether service to the other agent is as important as service to the client. It discusses mindset, expectations, core values like honesty and putting people before profits. It provides examples of creating positive experiences through communication, technology sharing, and being responsive, compassionate and grateful. The importance of small gestures and creating an unforgettable co-op experience is emphasized.
This document discusses strategies for effective negotiation. It outlines two main approaches: advantage seeking, which prioritizes individual gain in the short term but can damage relationships, and joint gain seeking, which takes more time but expands opportunities for mutual benefit over the long run. Key tactics for joint gain seeking include focusing on interests rather than positions, developing multiple options to link differences, using objective criteria, and separating people from the problem. Trust is important but must be built through authentic communication and keeping commitments. The document provides advice for negotiations involving groups, such as establishing process norms and facilitating discussions to ensure all voices are heard.
The document discusses mediation as an alternative dispute resolution process where a neutral third party, the mediator, facilitates negotiation between disputing parties. Mediation is voluntary, private, and confidential. It aims to improve understanding and allow parties to reach a mutually agreeable settlement. Compared to litigation, mediation is typically less expensive, quicker, less stressful, and improves compliance. The mediator guides parties through introducing themselves, telling their stories, identifying issues, generating alternatives, and reaching an agreement to conclude the process. [/SUMMARY]
April 2011 Part I What Every Executive Should Know About Dispute ResolutionRBCG1
The document discusses various dispute resolution options for business executives including mediation, arbitration, negotiation and litigation. It provides details on each process and notes that mediation and arbitration are generally better than litigation when future relationships are important. The document also summarizes the key steps and considerations for mediation and arbitration as the main alternative dispute resolution approaches.
A PowerPoint presentation of advanced mediation. The six mainstream styles of mediation, their structure and grounding. Get an introduction to the PP by mailing hans.boserup@gmail.com
www.mediator.dk
Creating well meaning client relationships slideshareRachel Staggs
Financial adviser marketing - how you engage with clients and the stories you share can help build effective relationships with clients and business partners. Sharing stories helps articulate your value and displaying engaging characteristics ensures people will want to connect with you and listen to the advice you have.
Short Sales Foreclosures Re Os Instructor Power Point V3[1]Diana Sullivan
This document provides an overview of opportunities available to real estate agents in short sales, foreclosures, and REO properties. It discusses the foreclosure process and defines short sales, foreclosures, and REOs. The document then focuses on each area individually, outlining key aspects such as qualifying criteria, the steps involved, and how agents can leverage systems and relationships to build expertise in these market opportunities. Throughout, it emphasizes that mastering these skills requires time, willingness to accept risk, and leveraging tools and assistance from others.
This document discusses different decision-making styles - Followers, Charismatics, Sceptics, Thinkers, and Controllers. For each style, it describes their personality traits and decision-making approach. It then provides tips on how to best influence each style, focusing on demonstrating evidence, building credibility and relationships, appealing to data and authority, and structuring arguments logically. The overall goal is to understand different perspectives on decision-making and tailor an approach accordingly.
Win-win negotiation as it applies to the world of project management and business analyses is explored. This presentation includes tools for PM and BA practitioners.
Transformative mediation seeks to empower parties and foster mutual understanding between them, allowing them to define issues and find solutions themselves. It aims to improve parties' conflict resolution skills and consideration of other perspectives. In contrast, problem-solving mediation focuses on reaching a settlement, with mediators taking a more active role. Transformative mediation leaves responsibility for outcomes with parties and recognizes conflict as a long-term process, viewing increased empowerment and understanding as a successful outcome even without settlement.
1. The goal of alternative dispute resolution (ADR) like mediation is to help disputing parties resolve conflicts earlier than if they continued in court to avoid increased costs and damage to business relationships.
2. Mediation works best when the neutral third party mediator acts as a trusted advisor and helps the parties focus on the underlying business problem rather than legal issues in order to find a mutually agreeable solution.
3. Effective mediation uses various techniques like reality testing, evaluating settlement costs, and addressing parties' interests to help them change perspectives and reach an agreement.
Have you ever wondered how underdogs and good guys win? How does a smaller force, out-numbered or out-gunned, seize victory? The answer lies in the motivation of a higher purpose, by doing your homework, by planning better, being smarter & more ambitious, by using the right tactics and by being more agile once the fight has started.
If you apply these principles to your negotiations, you can even up the odds in any scenario.
Learn about four simple negotiation phases through the lens of simple military principles from a seasoned retail negotiator.
The document discusses key principles for successful consulting using chess metaphors:
- Allow "foot soldiers" or junior consultants to be creative in solving problems, as they have direct access to operational details.
- Engage a "rook" or critic on the team to ensure strict compliance with laws and regulations.
- Remain adaptable like a "bishop" to unpredictable changes in client needs, teams, or regulations.
- Reserve the prowess of the "queen" for handling unexpected crises too complex to resolve routinely.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document provides an overview of alternative dispute resolution (ADR) options for resolving business disputes, focusing on mediation and arbitration. It discusses the four main ADR processes - mediation, arbitration, negotiation, and litigation - and explains that mediation and arbitration are private processes where the parties craft their own solution or an arbitrator makes a binding decision, respectively. The document also outlines the typical steps involved in mediation and arbitration and highlights advantages like cost and time savings compared to litigation.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document discusses alternative dispute resolution options for resolving business disputes, focusing on mediation and arbitration. It provides information on four dispute resolution processes - mediation, arbitration, negotiation, and litigation. Mediation involves a neutral third party helping parties reach a mutually agreeable settlement. Arbitration involves a binding decision by an arbitrator. Negotiation involves direct discussions between parties. Litigation involves a public, adversarial process where a judge decides a winner. The document emphasizes that mediation and arbitration are better than litigation when future relationships are important.
In this session we will review the mediation process itself. We will discuss the pros and cons of starting in joint session and/or caucus, including opening remarks by counsel and/or parties. We will discuss when to consider asking for a private caucus, or even an attorneys-only session. Understanding how to best arm/assist the mediator to facilitate the process. Ensuring your client is prepared for the session both from understanding the process to having the right information or people available to answer questions or guide the same. Why creativity can be a key element of the process. Tips on working through impasse. Recognizing the benefits of mediation even if you don’t resolve the matter at that time and positioning the matter for settlement in the future.
Part of the webinar series:
ALTERNATIVE DISPUTE RESOLUTION - 101 2022
See more at https://www.financialpoise.com/webinars/
The results delivered by projects usually depend upon what you negotiate. Successful project leaders explore a perspective, principles, tools, and recommendations to achieve better results through the power of negotiations. They avoid being set up for failure by recognizing and developing skills that lead to greater success. Negotiating is fun…and is productive. Everything is negotiable, both at work and in everyday lives. It is in our best interests, and for your team and organization, that you embrace negotiating as a requisite skill…and implement it dutifully. This presentation was developed and delivered by Randy Englund as part of the Cadence Distinguished Speaker Series Webinars. For more information, visit http://www.cadencemc.com.
The document discusses the core skills needed to be a trusted advisor: the ability to earn trust, give advice, and build relationships. It explains that trusted advisors value maintaining relationships over short-term gains. Building trust is a multi-stage process involving engaging with clients, listening to understand their needs, framing issues collaboratively, envisioning solutions together, and committing to agreed upon actions. Trusted advisors focus on understanding clients' perspectives and priorities rather than just providing rational solutions.
Preparing for Mediation: From Selection to Presentation of ClaimsFinancial Poise
This episode will cover how to begin the mediation process. We will review mediator selection, including interviewing, references and who may be the right fit for your specific dispute. From there we will discuss how to best prepare for the mediation. How should a risk analysis be performed? What or who should you consider having at the mediation and how to make those decisions. What is a risk analysis and when should you perform the same? How do you prepare your client for the mediation process? What about preparing or communicating with the mediator? Understanding key components of the mediation process to ensure you have done everything possible in order to achieve a negotiated resolution. How to prepare a pre-mediation statement - should it be joint, mediator’s eyes only or a combination. Evaluating whether a joint session will be productive versus starting and staying in caucus.
Part of the webinar series: Alternative Dispute Resolution (ADR) 2022
See more at https://www.financialpoise.com/webinars/
Keeping the Trolls at Bay: Effective Legal Strategies for your BusinessHostingCon
Many hosting companies are concerned about the time, effort and complexity involved in getting their legal house in order. Significant misconceptions about litigation, contracts and abuse often keep these businesses from taking even basic steps to protect their businesses. In this session experienced technology lawyers, David Snead and Jeff Gordon, will help companies learn how to create and structure their business in a way to minimize legal costs and enhance the value of their company.
The document discusses negotiation skills and provides information on:
1) The definition and origins of the word "negotiation" from Latin meanings related to business.
2) Negotiation involves communication between interdependent parties to reach agreements on differing needs or ideas.
3) Negotiation is used in many contexts from family, personal, academic, and business situations.
This document provides an overview of organizational behavior concepts related to conflict and negotiations. It begins with learning objectives focused on understanding the different types and causes of conflict, and how to manage it effectively. It also covers the stages of negotiation and how to avoid common mistakes. The document then defines different types of conflict and discusses causes and outcomes. It provides strategies for managing conflict, such as changing team structures or problem solving. It also discusses different conflict handling styles and their appropriate uses. The document concludes by covering negotiation strategies and ethics.
Negotiation and Conflict Resolution - Entrepreneurship 101 (2013/2014)MaRS Discovery District
The art of negotiation touches every aspect of our lives — we routinely negotiate with our spouses, our children, our landlord, our employer, and so on. It is equally important in business — we negotiate with our customers, our suppliers and our investors. Case studies focus on situations most entrepreneurs will face: research projects, starting a business venture, obtaining investors and licensing a product or invention.
Negotiation Power Skills Applied in Library Services ManagementShirley Ingles-Cruz
“Negotiation is a process of forming an agreement on how two parties should proceed and act in accordance with a potential trading agreement or customer/supplier relationship. (sales-evaluation.com)
“Negotiation is a field of knowledge and endeavor that focuses on gaining the favor of people from whom we want things.” (Cohen, Herb)
Negotiation Skills presentation for sales people.pdfAmitKumarHajela
The document provides details about a case scenario involving a hospital-based sales executive named Tapan. Tapan is responsible for meeting with hospital pharmacies and purchasers in his territory to sell pharmaceutical products. One hospital in his territory, TnT, has high consumption of certain cardiovascular and diabetes drugs. While Tapan can meet some doctors from TnT in their private clinics, he is only allowed to meet with the hospital's purchase officer and chief pharmacist once a month. Tapan's recent call was not productive and he did not receive a positive response or signal to make his products available in the hospital pharmacy. The document then discusses negotiation skills and strategies that could help Tapan have a more successful meeting with the purchase
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Rejecting a settlement offer carries risks, as plaintiffs who turn down offers often receive less at trial. Plaintiffs were more likely to make poor choices about rejecting offers in contingency fee cases.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions. Developing rapport and trust between parties can help reach a mutually agreeable solution.
April 2011 Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Plaintiffs who reject settlement offers often fare worse at trial, receiving smaller awards than the rejected offers. Defendants who reject settlement offers also often lose more by going to trial when they could have settled for less.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions to find mutually agreeable solutions. Building rapport and trust between parties can help resolve current and future conflicts.
The art of effective negotiation; how to build lasting agreements without becoming either a bully or a wimp. Case studies will focus on issues situations most entrepreneurs will face: research projects, starting a business venture, obtaining investors and licensing a product or invention.
More information: http://www.marsdd.com/Events/Event-Calendar/Ent101/2007/Negotiations-20071206.html
Speaker: Michael Erdle from Deeth Williams Wall
The document discusses principles for successful negotiations. It states that negotiating is a common part of life with family, friends, colleagues, and business associates. While an agreement benefits all parties, people often accept deals that are not in their best interest due to processing information incorrectly and letting emotions sway judgment. The document provides tips for rational negotiations, including understanding biases and mistakes, setting goals to maximize joint gains and your share, and avoiding irrational tendencies like unrealistic expectations, escalating commitment, and anchoring effects. It emphasizes preparing by knowing your alternatives and limits, being open to new information, considering fairness and trust between parties.
The programme will provide the participants with the necessary skills to help them negotiate effectively, and at the same time maintain good relationships with their counterparts. By the end of the 2 hour workshop, participants will be able to:
apply the necessary negotiation tactics depending on the situation
adjust their behaviour and style depending on who they are negotiating with
avoid errors and traps that lead to dead ends in negotiations
Similar to Iua presentation oct 2014 (peter rogan) (20)
This document summarizes a presentation on mediating insurance claims. It discusses common myths and misunderstandings about mediation, when mediation is appropriate, how to prepare and participate, and the roles of counsel and the mediator. The objectives of mediation are to resolve disputes, provide an independent view of case strengths/weaknesses, and help parties explore creative solutions and translate positions to monetary values. Objectives can be attained through fairness, realism, listening, gaining trust, and helping parties understand risk mitigation. Even if a case does not settle at mediation, the process is not over - mediators may follow up or be involved during trial or appeal.
International commercial dispute resolution 2011 (lorraine brennan)JAMSInternational
The Rise of Mediation in Europe in the Wake of the 2008 EU Mediation Directive
Panel Session: “International Mediation Experiences – The Good, The Bad and The Very Attractive”
International Commercial Dispute Resolution 2011
London, United Kingdom
Patent Disputes in Europe : a Federal Patent Court for Europe?
The Agreement on a Unified Patent Court [UPC] of February 19, 2013 and Rules of Procedure of the UPC [15th draft dated May 31, 2013]
This document provides an overview of employment conflict management systems and mediation in the UK market. It summarizes UK attitudes, trends, and statistics related to employment tribunals. Larger companies and public sector organizations are making greater use of mediation, which has settlement rates of 85% and saves costs compared to formal litigation. Case studies on programs at GE and Johnson & Johnson show high resolution rates from incorporating mediation into conflict management processes.
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Iua presentation oct 2014 (peter rogan)
1. Mediating Insurance Claims: Common Myths
and Misunderstandings
IUA Market Briefing,
10 October, 2014, The Grange Hotel, London
Charles Gordon, JAMS InternationalCharles Gordon, JAMS International
Peter Rogan, JAMS InternationalPeter Rogan, JAMS International
JohnJohn PyallPyall, Munich Re, Munich Re
2. Agenda
Mediation: The BasicsMediation: The Basics
When is Mediation Appropriate?When is Mediation Appropriate?
The Mediation ProcessThe Mediation Process
Preparing and Participating in MediationPreparing and Participating in Mediation
The Respective Roles of Counsel and the MediatorThe Respective Roles of Counsel and the Mediator
As Mediator, What Are My Objectives?As Mediator, What Are My Objectives?
How Can These Objectives Be Attained?How Can These Objectives Be Attained?
How Success Can be Achieved if the Case DoesHow Success Can be Achieved if the Case Does
Not Settle at the Mediation SessionNot Settle at the Mediation Session
3. Mediation: The Basics
What is Mediation?What is Mediation?
• A process of assisted negotiation in which a
neutral person helps people reach agreement
Forms of MediationForms of Mediation
• Voluntary Involuntary
• Evaluative Facilitative
Role of the MediatorRole of the Mediator
1. Design a mediation process
2. Implement that process
3. Mold the process to forge agreement
4. When is Mediation Appropriate?
At Any TimeAt Any Time
Early MediationEarly Mediation
• Benefits
• Disadvantages
Later MediationLater Mediation
• Benefits
• Disadvantages
No MediationNo Mediation
• Benefits
• Disadvantages
5. Why is Mediation Appropriate
To enable access to creative modes ofTo enable access to creative modes of
resolutionresolution
To enable ongoing commercial relationsTo enable ongoing commercial relations
between the partiesbetween the parties
To avoid or reduce litigation costTo avoid or reduce litigation cost
To avoid the imposition of a bad resultTo avoid the imposition of a bad result
To interpose someone to “blame” for acceptingTo interpose someone to “blame” for accepting
compromisecompromise
6. The Mediation Process
Determined by the CaseDetermined by the Case
Joint SessionJoint Session
Breakout SessionsBreakout Sessions
• Merits Review
• Demand and Offer
• Negotiation
Mediator InputMediator Input
• Case Assessment
• Resolution Proposal
7. Preparing and Participating in
Mediation
Two Vantage PointsTwo Vantage Points
As CounselAs Counsel
• Decades in Private Practice
• Lawyers with Substantial Mediation Experience
As MediatorAs Mediator
• Now with JAMS and JAMS International
(jamsadr.com and jamsinternational.com)
• Specialists in Commercial Cases with Insurance
Dimension
8. As Counsel, What Did I Desire
From a Mediator?
Detailed PreparationDetailed Preparation
An Understanding of the Case Subject MatterAn Understanding of the Case Subject Matter
The Ability to Gather Information from theThe Ability to Gather Information from the
AdversaryAdversary
CreativityCreativity
An Objective Case AssessmentAn Objective Case Assessment
Effective Communication with the ClientEffective Communication with the Client
The Ability to Close the DealThe Ability to Close the Deal
9. As Mediator, What Do I Look
for From the Parties?
A Clear, Concise Statement of PositionA Clear, Concise Statement of Position
• Hyperbole and Aggression are not helpful
A Setting of ExpectationsA Setting of Expectations
• What is the posture of the dispute?
• What led the parties to mediation?
What the Parties Aim to Achieve from theWhat the Parties Aim to Achieve from the
Mediation SessionMediation Session
• An independent view?
• A foundation for resolution?
10. Questions I Had as Counsel
What Would Be Most Helpful to the Mediator?What Would Be Most Helpful to the Mediator?
Do I Argue My Case as I Would in Court?Do I Argue My Case as I Would in Court?
How Best Do I Send Signals?How Best Do I Send Signals?
Do I Script My Negotiation Moves in Advance?Do I Script My Negotiation Moves in Advance?
Does it Help to Walk Out if it Looks LikeDoes it Help to Walk Out if it Looks Like
Progress is Doubtful?Progress is Doubtful?
11. Answering the Questions As
Mediator
What is Most Helpful to the Mediator?What is Most Helpful to the Mediator?
• A Candid Position Appraisal Supported by
Documentary and Testimonial Evidence
Do I Argue My Case as I Would in Court?Do I Argue My Case as I Would in Court?
• Yes, until the Mediator seeks to engage in a
more objective dialogue
How Best Do I Send Signals?How Best Do I Send Signals?
• Firmly and directly
12. Answering the Questions
Do I Script My Negotiation Moves in Advance?Do I Script My Negotiation Moves in Advance?
• Yes. This displays fortitude and foresight.
Does it Help to Walk Out if it Looks LikeDoes it Help to Walk Out if it Looks Like
Progress is Doubtful?Progress is Doubtful?
• Rarely. This forecloses the ability to obtain all
potentially available information from the
mediation process.
13. As Mediator, What Are My
Objectives?
Ideally, to resolve the disputeIdeally, to resolve the dispute
To provide an independent view of the relativeTo provide an independent view of the relative
strengths and weaknesses of each partystrengths and weaknesses of each party
To assist the parties in exploring the possibilityTo assist the parties in exploring the possibility
of creative solutionsof creative solutions
To assist the parties in translating the relativeTo assist the parties in translating the relative
position strengths into dollars and centsposition strengths into dollars and cents
14. How Can These Objectives
Be Attained?
Be fairBe fair
Be realisticBe realistic
Inject humor when appropriateInject humor when appropriate
Listen carefully to what is being said andListen carefully to what is being said and
impliedimplied
Gain the trust of the partiesGain the trust of the parties
Enable client representatives to understand theEnable client representatives to understand the
importance of controlling risk and mitigatingimportance of controlling risk and mitigating
potential adverse litigation outcomespotential adverse litigation outcomes
15. How to Achieve Success if the
Case Does Not Settle at the
Mediation Session
The Mediation Process Does Not End at theThe Mediation Process Does Not End at the
Conclusion of the Mediation SessionConclusion of the Mediation Session
• Subsequent Follow-Up by the Mediator
• Concepts Sometimes Need Time to Sink In
• “From Frustration Comes Opportunity”
Mediator Can Even be Accessed During TrialMediator Can Even be Accessed During Trial
Mediator Can Even be Accessed During AppealMediator Can Even be Accessed During Appeal
Settlement Enables Control over the Result; aSettlement Enables Control over the Result; a
Trial Verdict Does NotTrial Verdict Does Not