Preventing the War                              Making the Peace

CEDRS: ”THE PLACE TO MEDIATE”

ARTICLES By Charles B. Parselle NEGOTIATIONS Anatomy of Negotiation If war is continuation of diplomacy by other means, then negotiation is war waged with kisses...more Fifteen Steps in Handling Negotiation Agree a date, time, place, fees, number of participants, and ground rules...more> Handling Risk The rule is simple. The “haves,” meaning the people with the money, tend to be loss averse...more> The Negotiating Dilemma Life poses dilemma for all living creatures. It is the same dilemma for everyone involved in a dispute...more> Negotiations Within Negotiation If only two persons attend a mediation and they both have authority to settle, then only three negotiations take place. They are between (1) person 1 and person 2, (2) person 1 and mediator, (3) person 2 and mediator. The dynamics of this are easy to manage... more> Risk Analysis The gravity of a risk is its magnitude multiplied by its probability...more> Negotiation and Death If a person knows the end is imminent, a negotiation with Death occurs that bears a striking resemblance to everyday negotiations we see in mediation practice.  The Death negotiation process goes through five distinct stages...more> NEGOTIATION If war is continuation of diplomacy by other means, then negotiation is war waged with kisses....more>   ARTICLES By Robert M. Tessier MEDIATION The Duty to Disclose: A Recent Case Explains Potential Liability for Constructive Fraud The California Court of Appeal has recently handed down another opinion warning of the perils of failing to disclose material information in a residential real estate transaction no matter how the information was acquired. more> Making Effective Use of Alternative Dispute Resolution Most business owners are small business owners, competing in an intense and flattening global environment...more> How to Prevent the War Wise companies are often incorporating mandatory mediation in their contractual agreements prior to instituting litigation.  Mediation is a much more flexible vehicle than the court system or arbitration for resolving business disputes...more> Making the Peace History is full of missed opportunities to make a just peace after war cannot be avoided...more> Model Mediation Procedure Mediation Agreement, The Mediator, The Participants, Exchange of Information...more> Optimum Results at Mediation Twenty years ago, Alternative Dispute Resolution consisted of the Mandatory Settlement Conference. Often the MSC was convened before the judge who would try your case if it did not settle... more> Prevent the War - Use Mediation Strategically When parties to contract are acting in good faith, the single biggest reason for an inability to resolve dispute involves a lack of communication...more>   Case for ADR to Resolve International Disputes Thomas Friedman in his groundbreaking book “The World is Flat” has proven Columbus wrong for our century. Rather than focusing on vertical command and control structure in business, Friedman refocused the vision of business to the horizontal... more> Mediating the Litigated Case The adversarial process holds conflict and war as a virtue... more> MEDIATION by Charles B. Parselle Analytical vs. Intuitive Thinking This article discusses the different strengths and weaknesses of analytical and intuitive thinking, which combined may be called holistic thinking. Because thinking is in its nature invisible and abstract, the article uses an analogy by way of representation: the anatomy of the cornea... more> Closure Closure represents the triumph of reality over illusion, recognition that things are the way they are, not the way we wish them to be. ..more> Give War a Chance Douglas Noll’s “Talking it out is the Path to Peace,” and Dr. Deri Joy Ronis’ “Creating a Culture of Peace,” prompted the thought that perhaps as mediators, we may sometimes have no choice but to recognize the place of conflict in the scheme of things ...more> The Heart As An Organ of Perception and Influence Does a mediator need a heart? Is it possible to cultivate the heart as an organ of perception and understanding? I suggest it is not only possible, but also absolutely necessary... more> Nature of Conflict This article presents an analysis of conflict in terms of past and future, wounds and desires, mind and matter...more> Pricing Lawsuits Pricing lawsuits and racehorses is hard. Racehorses are riskier, but lawsuits are more complicated because two competing theories of value, market price and just price, are implicated in every lawsuit...more> The Six R’s for Overcoming Resistance and Changing Minds In order to get people in conflict to cooperate or collaborate sufficiently to settle or resolve their differences, and perhaps achieve reconciliation, it is necessary that they change their minds...more> The Tension Between Doubt and Certainty Every mediated negotiation oscillates between doubt and certainty. Parties seek certainty even though very often they are besieged by doubts...more> Think Smart, Hire A Wimp A mediator is someone you hire to do a job you cannot do yourself...more> Satisfactions of Litigation Mediators need to know something about litigation. When we talk about ADR – alternative dispute resolution – we are talking about alternatives to litigation. ..more> Use and Abuse of Deception Deception is common human relationships. Deception is common in negotiation. Most human relationships are conducted by way of negotiation...more> GENERAL by Charles B. Parselle Bacon and Coke Sir Francis Bacon died in 1626, about the time the colonies on the East coast were getting started. He still rates five pages in the Encyclopaedia Britannica...more> Gresham’s Law Gresham’s Law states that bad money drives out good. The same principle can be applied to labor. Slavery drives out low wage labor. Low wage labor drives out high wage labor. It applies to mediators also...more> Where is Edward Coke When We Need Him? In a speech in Michigan on January 7, 2005, President Bush linked lawsuits with job losses: “In order to make sure jobs stay here, and jobs are increased here, we must be more competitive...more> DAILY JOURNAL, Los Angeles articles (pdf format) by Charles Parselle Lawsuit’s Price is Forged by Competing Economic Theories(pdf) Pricing Lawsuits and racehorses is hard...open> State’s Pro Bono Mediation Setup Redefined “Temporary” (pdf) Gresham’s Law states that bad money drives out good...open> Attempt to Cap Contingency Fees Threatens More Than Plaintiff Bar (pdf)...open> Judicial System Was Build to Withstand Today’s Wave of Criticism (pdf)...open Part 1>, open Part 2>

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