Often, in negotiations, people get bogged down in positional bargaining, butting heads and wills in a way that frays nerves, destroys relationships and may not ultimately get anyone what they truly want. One way around the perils of positional bargaining (and there are a variety of ways) is to turn the discussion into a rational […]
Continue reading
At times, life (or other people) can present us with hard choices and we may have to say no to someone. If what is being offered is worse than our Best Alternative To a Negotiated Agreement (BATNA – our plan B essentially), then we should say no and go with our plan B. If a […]
Continue reading
The key to doing better in our challenging conversations is to begin with an understanding of what makes them challenging in the first place. Once we understand the cause, it is easier to plan a response that is likely to succeed. Remember also that with challenging situations, they are by nature, well, challenging. As a result, we […]
Continue reading
The use of ADR (Alternative Dispute Resolution) is not new. ADR has been used by many groups for many years due to its effectiveness in resolving disputes. Each year more companies are choosing to use arbitration to resolve business disputes. With this being the case, the way that ADR is being used has also expanded. […]
Continue reading
The development of stress and conflict in the workplace is a problem that affects most businesses. Unclear and inconsistent company policies can be a source of stress. Work related pressure can hamper employee performance, and prove expensive to employers. Every business should strive to reduce workplace related stress. This can be achieved by a sound […]
Continue reading
Interview with Peter Dreyer: Originally published in the Barbados AdvocateRuth Moisa Allayen “Mediation [as an alternative form of dispute resolution] is becoming more and more widely used in governments, the courts and corporations as a means of facilitating their negotiations and resolving disputes.” So says Mr. Peter Dreyer, of Stitt Feld Handy Group, the training […]
Continue reading
Challenging situations are common in the workplace, and no matter where you are in the organizational hierarchy, you may feel intimidated approaching them. You can overcome challenging circumstances or conflicts by applying some of the techniques found in the best negotiation skills training courses that Stitt Feld Handy Group and other top firms have to […]
Continue reading
As tempting as it may be to send out a detailed email regarding a difficult topic in the workplace, it’s often far better to have a face to face meeting in a majority of circumstances. Email certainly has its uses but isn’t particularly effective for challenging conversations, such as discussions relating to conflicts or personal […]
Continue reading
Difficult people in any organization can be a source of conflict, stress and an energy drain. However, many of the personality characteristics that make people difficult are simple human nature. Often, transferring to a new job or firing a person is not feasible. Many organizations have to interact with a range of difficult people externally, […]
Continue reading
We all know some people who just seem to be naturally good at negotiating – whether it’s persuading their boss to give them a raise, getting an upgrade on the plane or negotiating a great deal on their renovations or a new car. Should the rest of us just give up and leave negotiating to […]
Continue reading
Have you ever had a meeting that you knew would be a disaster? Gone into a conversation with a colleague sure that it would end badly? Started a conversation with a family member pretty certain it would not end well? If you are thinking any of these things, your conversations can often lead to a […]
Continue reading
I recently had the pleasure of meeting Mr. Woubshet Ayele, Secretary General of the Ethiopian Arbitration and Conciliation Centre (the “EACC”). Mr. Ayele is a former member of Ethiopia’s High Court judiciary and an experienced general practitioner. He held various legal positions with both the Ethiopian Ministry of Justice and as in-house counsel for a […]
Continue reading
When a person learns how to negotiate in their work environment, those skills can carry over into their personal life. One way that conflict resolution skills can help a person outside of the office is in family negotiations. Whether with a spouse, child, parent, sibling, or a combination of family members, conversations can often be […]
Continue reading
Whenever there are unresolved conflicts in the workplace, it eventually affects the external stakeholders, employees, and managers. Workplace conflicts must be handled quickly and effectively. In some cases, this can be challenging because most people simply want to sweep the problem under the rug so that they can get on with work. This can sometimes […]
Continue reading
I: INTRODUCTION – MEDIATION IN AMATEUR SPORTS DISPUTESConflicts in high performance amateur sport (“HPS”) are tense emotionally-charged disputes for athletes, coaches, and the national and international sports organizations (“NSO”s and “ISO”s) involved. Such conflicts raise intriguing challenges for the mediators and arbitrators charged with handling them. High performance level sports disputes are a volatile mix […]
Continue reading
Public and private entities worldwide are increasingly using conflict management and dispute resolution procedures as a standard way of handling a wide variety of costly and disruptive conflicts, from legal or quasi-legal cases to workplace struggles to simple product and service complaints. Practical guidelines for designing and redesigning dispute resolution systems are increasingly necessary if […]
Continue reading
This article originally appeared in the September 14, 2012, issue of The Lawyers Weekly published by LexisNexis Canada Inc. by Barry Leon & John Siwiec A distinguishing feature of arbitration is that the procedural rules, whether legislated or set out in arbitral institutions’ rules, only provide a general framework for arbitral proceedings. Unlike court procedural […]
Continue reading
Many organizations have considered trying to resolve disputes with mediation by using internal resources and staff rather than external fully independent mediators. Proponents argue that the cost will be lower, that mediators will know more about the organization’s operations and will therefore be able to assist disputants more easily (for instance with information about internal […]
Continue reading
The modern Human Resources (“HR”) department keeps a company running by implementing crucial aspects of company policy, while managing day-to-day business activity. HR personnel are involved in the hiring of new employees, termination of employees, administration of benefits such as health insurance, and administration of payroll. In addition, they ensure the company’s compliance with wage […]
Continue reading
NOTEWORTHY CASES Supreme Court of Canada Rules on Arbitration Clauses in Web-based ContractsDell Computer Corp. v. Union des Consommateurs2007 SCC 34 – July 13, 2007 Web-based contract – Arbitration clause – Dell’s website had an error in pricing on it for 2 types of handheld computers – When Dell became aware of the errors, it blocked access […]
Continue reading
