Business Conflict Blog

Jane Gunn’s new book is the first ADR volume I have read whose introduction begins “This is not a sex manual!”

Well, neither is it a self-help book, nor a reminder of the virtues of candid conversation, nor a refresher on the teachings of the Buddha or Jesus.  Yet all that and more can be found in How to Beat Bedlam in the Boardroom and Boredom in the Bedroom (HotHive Books 2010).

This is not a book intended for mediators seeking to improve their skills, or for business clients seeking to manage their litigation portfolios.  It is for human beings who wish to improve the way they live with other human beings.  And it accomplishes its goal by contrasting business and personal conflicts and showing (guess what?) that they push the same buttons, walk into the same frailties, compromise our effectiveness and happiness in the same ways, and can be managed better with the same tools. Read more »

Tags: ADR, Culture, Teaching

It is curious that, as formal training in private negotiation increases, the quality of public negotiation has fallen into such disrepair. 

Business people negotiating a private deal are trained to listen attentively, in order to discover their counterparty’s interests, and to devise beneficial options that accomodate them.  Yet listening is something one seldom observes in public legislative debate.  Adjusting one’s view on the basis of what one hears, practically never.

Why is that?  And might the ADR community have something to contribute to encourage creative negotiation of matters of public interest?  The Council of the ABA Section of Dispute Resolution seems to have something to say about both those questions.

Read more »

Tags: Culture, Lawyers, Negotiation

A recent post noted that Wang Cheng Jie, Secretary General of the Mediation Centers of the China Center for Promotion of International Trade, delivered an insightful and provocative presentation at the World Mediation Forum in Athens on March 12.  Mr. Wang has kindly given permission for his remarks to appear on this blog.

Wang Cheng Jie’s point is alluringly straightforward:  Insofar as mediation is flexible and adaptable, it hinges upon the parties’ own preferences, styles and predispositions.  This being the case, then mediation that involves two parties with strongly distinctive culture expectations — as between Chinese and western parties — might be an invitation to misunderstanding and confusion.  In his essay, Mr. Wang explains why commercial mediation between eastern and western parties may easily go seriously awry.

We are honored that Wang Chen Jie has granted this blog permission to reprint his remarks for this wider audience, and eager to share his useful and perceptive remarks, which appear below as they were delivered in Athens.  I hope that readers will share my deep respect and high regard for Wang Cheng Jie’s invaluable insights. Read more »

Tags: Mediation, Negotiation

Attention must be paid to an important new publication from the Insurance Institute of London, Alternative Dispute Resolution in Practice.  Written by a team of contributors (of which I am one) under the Chairmanship of Paul Moss of Montpelier Re, and assembled through the tireless efforts of General Editor Alex Oddy of the firm Herbert Smith, this volume is just what the industry has been craving: A practical, hands-on resource book for claims adjusters, lawyers and other insurance and reinsurance professionals charged with managing disputed claims. Read more »

Tags: ADR, conflict management, Training