What's Happening in Conflict Resolution" is a weekly roundup of the all the ADR news, jobs, events and more. Check it out each week and view past versions [HERE].

Talks, Blogs, and More

In this TEDx talk, Marquette University School of Law Professor Andrea Schneider explains that women do, can, and should negotiate.

What is Negotiation, Anyway?

By John Lande on Indisputably.org

“…Kids trading baseball cards, parents promising children ice cream if they finish eating their veggies, large groups of friends ordering dinner at a Chinese restaurant, families planning a vacation, tourists haggling at a Middle Eastern bazaar, claims adjusters processing a constant stream of routine insurance claims, TV stars cashing in on their celebrity in employment contracts, customers paying prostitutes for services or drug dealers for products, union and management officials working out collective bargaining agreements, professors wheedling perks from their deans, executives hashing out a corporate strategy, tycoons making huge real estate deals, community leaders crafting environmental compromises, public defenders coaxing their clients to accept plea bargains, lawyers and mediators settling contentious lawsuits, governments back-channeling with insurgents, kidnappers, or terrorists, and diplomats arranging peace treaties.

Are all of these things negotiation?  For those that are negotiation, what do they all have in common?  What distinguishes them from other interactions?”  Click here to read the article.      


Why positive power is crucial in negotiation

By Matthew Nielsen, Werner Institute Alum, on influencive.com 

“We all fall for obvious tactics. Why? Well, just because you know someone is “working” you, that doesn’t mean your circumstances change. If they use the fact that you’re in a rush against you, knowing they’re doing it doesn’t change your time constraints. However, power in negotiation is not fixed or static. It changes, and you can make it change in your favor.”

Click here to read the article


The Danger of Just Getting it Over With

By The Olive Branch Blog on ADRHub.com

Because I do so much work with couples in distress, it’s inevitable I’ll work with couples in the midst of a divorce. So, I’m often there from the announcement through the final paperwork, which gives me great insight into the entire process from start to finish.

One trend I see over and over again is the notion of “I just want to get this over with.” After so much turmoil, distress, and conflict, it’s not unusual for at least one partner to exhaust himself/herself and concede to any request because, frankly, he/she is just plain tired.

I often hear, “I’ll do anything she asks – I just want to get this over with.” Or, “I don’t care what he does anymore – I just want to get this over with.”

Of course, this often expedites the process and, on the surface, seems to make things easier.    

Click here to read the article  

Conflict Engagement and ADR in the News

Ireland: An alternative way to mandate mediation - targeting lawyers

Solicitors and barristers will be obliged to advise their clients to consider using mediation to resolve disputes under a new Bill to be published in 2017.

Tánaiste and Minister for Justice and Equality Frances Fitzgerald will bring the Mediation Bill to Cabinet early in the new year.

It will introduce an obligation on solicitors and barristers to advise parties to disputes to consider using mediation as a means of resolving them.

In addition, when court proceedings are launched, it will also oblige the parties to confirm to the court they have been advised about the mediation option, and have considered it.

Click here to read the article



Panel of Mediators for Energy Commission

The Secretariat has launched today a call for expression of interest aimed at establishing a panel of mediators to provide assistance to the Energy Community Dispute Resolution and Negotiation Centre.

The mediators will facilitate negotiations of third-party energy disputes in cases when the staff of the Centre will lack capacity and conduct mediations as part of the Energy Community dispute settlement procedure. 

The selection criteria and information on the application process can be accessed via the link below. Applications will be accepted on a rolling basis.

See details here

Upcoming Events

Symposium – 50 Years of Loving: Seeking Justice Through Love and Relationships

March 23-24, 2017

The Werner Institute and the 2040 Initiative
at the Creighton University School of Law
invite you to a symposium exploring how the 1967 U.S. Supreme Court decision of Loving v. Virginia has influenced society institutionally, demographically and relationally. Participants will also develop strategies for moving from thought to action by building relationships across difference.

The Creighton Law Review seeks submissions exploring issues related to this landmark case. Please visit our call for submissions page.

In partnership with Kutak Rock LLP

Register for the symposium Here


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