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1. Negotiations and bargaining: introduction
- Prof. Charles B. Craver
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2. Negotiations & bargaining: styles & stages
- Prof. Charles B. Craver
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3. Negotiations and bargaining: techniques
- Prof. Charles B. Craver
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4. Using integrative bargaining to achieve mutually beneficial agreements
- Prof. Carrie Menkel-Meadow
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5. The inherently distributive aspects of many bargaining interactions
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6. Secrets of power negotiating
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7. Psychological barriers to negotiation
- Prof. Andrea K. Schneider
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8. The critical nature of non-verbal signals in negotiation
- Dr. Wendi Adair
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9. Negotiation: telephonic and email
- Prof. Kimberlee Kovach
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10. The use of mindfulness meditation to reduce bargaining anxiety
- Ms. Rachel A. Wohl
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11. Negotiation ethics
- Prof. Art Hinshaw
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12. Trust in negotiation
- Prof. Roy J. Lewicki
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13. Negotiating across cultures
- Prof. Jeswald W. Salacuse
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14. Negotiating in European Union countries
- Mr. Lothar Katz
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15. Negotiating through a mediator
- Prof. Dwight Golann
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16. Managing business conflict: the use of "alternative dispute resolution" in business disputes
- Prof. Thomas J. Stipanowich
Printable Handouts
Navigable Slide Index
- Introduction
- Backdrop- U.S. litigation
- The vanishing trial
- Reasons for reduction in trial
- E-discovery
- Crisis in U.S. courts
- Need for tailored approaches
- Alternative dispute resolution (ADR)
- Conflict resolution policies- fortune 1,000 (1997)
- Conflict resolution policies of companies (2011)
- Conflict resolution policies (1997 vs. 2011)
- Principal reasons companies use ADR (2011)
- Various ADR forms (1997 vs. 2011)
- Mediation
- Use of mediation (by type of dispute)
- Arbitration vs. mediation
- Use of arbitration (by type of dispute)
- Comments from recent Fortune 1,000 survey
- Mediation\arbitration use- commercial disputes
- Mediation\arbitration use- employment disputes
- Mediation\arbitration use- consumer disputes
- Likelihood of future use of mediation
- Likelihood of future use of arbitration
- Lessons from the Fortune 1,000 surveys
- Mediation- the heart of the quiet revolution
- Potential benefits of mediation
- Mediation in the quiet revolution
- Using mediation - a manager's view
- CPR corporate survey- results, satisfaction
- CPR Survey- estimated savings
- Mediation outcomes in relationship cases
- Recent growth areas for mediation
- Benefits of mediation in IP disputes
- Mediation and global commerce
- Opportunities & challenges for mediation worldwide
- Five myths about mediation
- Trends in mediation
- Mediator as case manager
- Arbitration may be the new litigation
- Why choose binding arbitration
- Expansion of binding arbitration over 20 years
- Using binding arbitration in global transactions
- Current pressures on U.S. arbitration
- Choice is the basic element in arbitration (1)
- Choice is the basic element in arbitration (2)
- Using arbitration - a manager's view
- Reasons companies do not use arbitration (1997)
- Avoiding arbitration for commercial disputes
- Addressing perceptions- lack of adherence to law
- Addressing perceptions- lack of appeal
- A provision for expanded judicial review-caution
- Addressing perceptions- compromise
- Addressing perception- costs and delays
- Costs and delays- a manager's view
- National summit - the future of arbitration (1)
- National summit - the future of arbitration (2)
- CCA protocols-quick, cheap commercial arbitration
- Business users, in-house counsel
- National summit - the future of arbitration (3)
- Protocol for business users & in-house counsel
- Public policy limits and the evolution of the FAA
- Preemption of state law by federal law under FAA
- Preemptive effect of FAA
- Unconscionability
- Arbitration gateway issues
- Rent-A-Center, West, Inc. vs. Jackson
- Enforcement issues- court vs. arbitration
- Rent-A-Center- implications
- AT&T Mobility LLC vs. Concepcion- class waiver
- AT&T Mobility LLC vs. Concepcion- supreme court
- Impact of recent court decisions
- Congressional responses
- Multi-step dispute resolution - hybrid process
- Multi-step processes
- Hybrid processes
- Proactive conflict management
- Growth of early conflict (case) assessment (ECA)
- Possible elements of ECA
- A program of early intervention & mediation- Toro
- Real time approaches in business relationships
- Unresolved conflict- disadvantages
- Three models of real-time intervention
- Conflict management: employee complaints
- Managing workplace disputes program (2011)
- Early neutral summary adjudication/evaluation
- Modern examples of adjudication/evaluation
- Patient-caregiver programs
- Evolving roles for lawyers
- ODR/infotech changes everything
- Keys to effective conflict management
- Obstacles to constructive conflict management
- Changing your approach
- Conflict management checklist
- Sources
This material is restricted to subscribers.
Topics Covered
- Crisis in U.S. litigation
- Vanishing trial
- Reasons for reduction in trial
- E-discovery concerns
- Cuts in court funding
- Need for tailored approaches to conflict resolution
- Landmark survey of corporate counsel
- Policies of Fortune 1,000 companies
- Reasons companies using ADR (alternative dispute resolution)
- Corporate experience with various forms of ADR
- Mediation
- Frequency of use of mediation for different kinds of disputes
- Mediation vs. arbitration
- Frequency of use of arbitration for different kinds of disputes
- Commercial mediation and arbitration
- Employment mediation and arbitration
- Consumer mediation and arbitration
- Likelihood of future corporate use of mediation and arbitration
- Lessons from recent survey
- Potential benefits of mediation
- Earlier studies of results, satisfaction with mediation
- Estimated savings with mediation
- Mediation outcomes in cases involving relationships
- Recent growth areas for mediation
- Mediation of intellectual property disputes
- Mediation of international commercial disputes
- Myths about mediation
- Trends in mediation
- Mediator as case manager
- Reasons businesses use arbitration
- Trends in arbitration
- International arbitration -Arbitration as a choice-based process
- Problems with companies not exercising choice options in arbitration
- Reasons companies do not use arbitration
- Addressing concerns about arbitration awards
- Concerns about lack of appeal in arbitration
- Appellate arbitration
- Contractually expanded judicial review of arbitration awards
- Concerns about arbitrator compromise
- Concerns about costs and delays in arbitration
- Share responsibility for costs and delays in arbitration
- Protocols for expeditious, cost-effective commercial arbitration
- Expanded use of arbitration in employment and consumer cases
- Public policy limits on arbitration
- Preemption of state law by federal arbitration law
- Unconscionability as a policing tool for courts
- Arbitrability issues
- Recent Supreme Court decisions
- Rent-A-Center, West v. Jackson
- AT&T Mobility v. Concepcion
- class action waivers and arbitration agreements
- Congressional responses to Supreme Court decisions on arbitration
- Multi-step dispute resolution processes
- Hybrid processes (med-arb)
- Early Case Assessment
- Real-time approaches to conflict in business relationships
- Workplace conflict resolution systems
- Early neutral evaluation
- Evolving dispute resolution roles for lawyers
- Impact of online dispute resolution and information technology
- Keys to effective conflict management
- Changing approaches for businesses and counsel
- Conflict management checklist
Talk Citation
Stipanowich, T.J. (2013, November 5). Managing business conflict: the use of "alternative dispute resolution" in business disputes [Video file]. In The Business & Management Collection, Henry Stewart Talks. Retrieved November 1, 2024, from https://doi.org/10.69645/MLGJ7779.Export Citation (RIS)
Publication History
Managing business conflict: the use of "alternative dispute resolution" in business disputes
Published on November 5, 2013
65 min
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