"Just like any business negotiation, it's best to close the complete deal while still at the table. The parties are still negotiating, so there is a major psychological advantage to maintaining that compromise process until all terms are settled. If you wait, you're potentially opening the door for emotion and memory to alter perception and create doubt on either side of the table, which may end up causing additional delays, negotiation, or court intervention."
Principles of Alternative Dispute Resolution
Principles of Alternative Dispute Resolution, in its fourth edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.
Friday, February 27, 2015
A Mediated Resolution Is Like a Sale
Lawyer Douglas Chandler tells a nice story that relearns this lesson:
"Just like any business negotiation, it's best to close the complete deal while still at the table. The parties are still negotiating, so there is a major psychological advantage to maintaining that compromise process until all terms are settled. If you wait, you're potentially opening the door for emotion and memory to alter perception and create doubt on either side of the table, which may end up causing additional delays, negotiation, or court intervention."
"Just like any business negotiation, it's best to close the complete deal while still at the table. The parties are still negotiating, so there is a major psychological advantage to maintaining that compromise process until all terms are settled. If you wait, you're potentially opening the door for emotion and memory to alter perception and create doubt on either side of the table, which may end up causing additional delays, negotiation, or court intervention."
Wednesday, February 25, 2015
Videos of Mediation and other Alternative Dispute Resolution
The American Bar Ass'n/Suffolk University Law School Video Center shows how mediation and other ADR techniques can be used to resolve a wide range of disputes. Teachers of ADR may download videos and roleplays at no charge for use in their classes.
Friday, February 20, 2015
Common Misunderstanding About Negotiation
"The current framework" of negotiation, as U. Missouri Law Professor John Lande's post says, "relies primarily on two models – positional and interest-based negotiation. ...People often fall into the trap of "equating positional negotiation as being tough and interest-based negotiation as being nice," according to John Lande's post at Indisputably.
Friday, February 13, 2015
Mediation in Hong Kong
Mediation in Hong Kong SAR by Shahla F. Ali & A. K. C. Koo, both of the University of Hong Kong
According to this article, the Hong Kong Mediation Ordinance came into force on 1 January 2013. "It aims to provide a regulatory framework for promoting the use of mediation as a dispute resolution process and protecting the confidential nature of mediation communications... it prohibits disclosure or admissibility of mediation communications unless in exceptional circumstances or with leave of the court."
"At present, Hong Kong has not adopted legislation based on the Model Law on International Commercial Conciliation of the United Nations Commission on International Trade Law (the ‘Model Law’). Its adoption seems unlikely"
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