Although similar to the “take it or leave it” ultimatum, it is more understated and less discernible to the uninitiated. Regrettably, it has become a familiar negotiation tactic by some attorneys in mediations. The purpose of this article is to both expose this ploy and discuss certain strategies and techniques that can be used to either prevent it altogether or minimize its consequences.
One of the most difficult yet important aspects of negotiations is to learn to detect inconsistencies or lies in other people’s accounts of the conflict. It’s difficult because most of us come from a place of relatively good will toward others, even in a competitive negotiation session… But not all of us.
It is a fact that in many conflict resolution settings, such as mediations or settlement conferences, you may run into some people who are stuck in a sort of victim mentality. On the one hand, you don’t want to appear unsympathetic and cold-hearted. On the other, it’s important that you be able to navigate your path somehow through the conflict to ultimate resolution.
A conflict quotient is the relationship between a person’s tolerance level for conflict and the magnitude of the conflict itself. The modern litigator is much stronger and much more effective when armed with a working philosophy to take into a conflict: they must determine, interpret and apply their own and their client’s conflict quotient. This blog post shows you how.
When facing a conflict (whether you’re a participant or a mediator), it’s important to ask the right questions in order to solve the problem and come to a resolution. It’s important to have some critical questions ready in order to define the problem, identify the ultimate goal or outcome, and how to reach a solution or compromise.
We all have wished at some point in our lives that we could be able to read other peoples’ minds and detect when someone is being untruthful. This is especially true for mediators and arbitrators whose job it is to discern fact from fiction to come to a resolution on a conflict. But is there a real way you can tell if someone is lying? Yes, says Marc Salem.