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Full-Text Articles in Law
Mediation Workshop: Basic Course Materials, Laurence Boulle, John Wade
Mediation Workshop: Basic Course Materials, Laurence Boulle, John Wade
John Wade
No abstract provided.
Preparing For Mediation And Negotiation In Succession Disputes, John Wade
Preparing For Mediation And Negotiation In Succession Disputes, John Wade
John Wade
This paper argues that a major task for lawyers in succession disputes, negotiations and mediations is to assist clients make wise decisions in the face of uncertainty. This requires preparation. A short preparation model of five humble hypotheses is set out. Normally, these should be discussed with any mediator well before a mediation takes place. Example precedent preparation forms are attached.
Duelling Experts In Mediation And Negotiation: How To Respond When Eager Expensive Entrenched Expert Egos Escalate Enmity, John Wade
John Wade
Having dueling experts is a predictable problem for negotiators and mediators. A routine process in response is set out: normalizing, reframing, and turning the barrier into a standard problem-solving question. Twelve standard responses (each with inevitable advantages and disadvantages) are systematized for mediators and negotiators to learn and possibly add value to any negotiation.
“Don’T Waste My Time On Negotiation And Mediation, This Dispute Needs A Judge.” Which Conflicts Need Judges? Which Conflicts Need Filing?, John Wade
John Wade
This article contains two parts. First, there is a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Second, to illustrate this analytical framework, there are two lists of factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal. This article does not attempt to create lists of factors that indicate the suitability of many other processes, …
The Last Gap In Negotiations - Why Is It Important? How Can It Be Crossed?, John Wade
The Last Gap In Negotiations - Why Is It Important? How Can It Be Crossed?, John Wade
John Wade
This paper discusses some basic principles concerning negotiation, including preparation for negotiation, negotiation styles, opening offers, the stages of negotiation and strategies and ethics. The last gap in negotiation is the step necessary to reach an agreement between the negotiating parties. This paper also addresses the importance of the last gap, whether the last gap be avoided, how to cross the last gap in negotiations, and available options for crossing the last gap in negotiations.