ADR Survey: What I Wish I Knew Then

Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. [Most importantly, the use of ADR can provide greater satisfaction with the way disputes are resolved. ADR has been gradually evolving within the Fresno Superior Court for the past several years. In 1999 the Court recognized a need for greater public access to dispute resolution for cases and established an ADR Department. This

I invested a significant amount of time to prepare for the Byrnes, Byrnes & Townsend negotiation meeting. I represented Mrs. Townsend, the plaintiff in this case and I chose co-operative strategies and tactics for this negotiation exercise. For me to address the liability and evaluate the case, I had to divide the facts in four categories: weaknesses and strengths of the opponent, weaknesses and strengths of my case. From the class discussions, I learned that the success of the negotiation directly depends on the preparation stage, therefore, I carefully assessed the obtained information, evaluated interests of both parties, set out substantive, intangible, and procedural goals, developed mine and my opponent`s BATNA, set the limits, and implemented negotiation strategy and tactics.

“Successful negotiation is not about getting to ‘yes’; it’s about mastering ‘no’ and understanding the path to an agreement is” (Christopher Voss). During the negotiation process, there are a lot of moving parts and personalities. In addition, hurt feelings can all too often get in the way. The bottom line of any negotiation is to reach a settlement that will mutually benefit both parties. It’s a challenging situation by which compromise or agreement is reached while attempting to avoid arguments and disputes.

In this course, I have learned that it is possible to dramatically improve my ability to negotiate. I can improve my monetary returns and feel better about myself and the people with whom I deal. I also learned that there are several ways to test my intuition and approach. The course provided me with an opportunity to assess my “instinctive” bargaining style and provides suggestions for how to further develop my bargaining abilities. The negotiation exercises were a good way to cement several of the concepts from the book and lecture and gave me several opportunities to get to know my classmate more and test some new insights with them.

Advertisements are all over the place, whether they are on T.V, or in a magazine, there is no way to escape them. They all have their target audience who they specifically designed the ad for, and of course they are selling their product to. This is a multi-billion dollar industry and the advertisers study any and every way that they can attract the consumer’s attention. Anytime a products advertising tagline becomes incorporated into a popular culture, a pinnacle of success has been reached. The “Got Milk?” tagline has been integrated in messages across the country such as churches, “Got God?” cheerleaders, “Got Spirit?” and even universities, “Got Whoop?”. The “Got Milk?” ads have

In our recent negotiation, my partner Dave and I assumed the roles of Alan Hacker, a computer software developer, and Alan Hacker’s lawyer. Being the lawyer in the negotiation my objective was to avoid litigation with my client’s partner Stanley Star and to aid in the continuation of my client’s co-owned company HackerStar. In addition, I would assist Hacker in coming to an agreement that would be satisfying for him both personally and financially. I felt that Dave and I presented a reasonable argument on Hacker’s behalf and, since I was able to apply some of our class readings during the process, I was overall pleased with the outcome.

Getting to YES, Negotiating Agreement Without Giving In is an excellent book that discusses the best methods of negotiation. The book is divided into three sections that include defining the problem, the method to solve it, and possible scenarios that may arise when using these methods. Each section is broken down into a series of chapters that is simple to navigate and outlines each of the ideas in a way that is easy for any reader to comprehend. There are also several real life explanations for each issue that make the concepts easier to apply and understand. These ideas are reflective of a method developed by the Harvard Negotiation Project called “principled negotiation”. This method combines the two ideas of soft and hard negotiation

created for the Harvard Negotiation Project by Bruce M. Patton, based on an idea from the American Arbitration Association. Copies of the original

In any negotiation, preparation is crucial; and having a set, outlined process to follow when preparing helps mitigate a potential oversight of any significant issues within the negotiation. Following a set process also helps one stay on task and in-line with what the important issues and factors are in a negotiation. In Bargaining for Advantage, G. Richard Shell provides a well-structured framework to follow in planning for a negotiation. For this reason, I used Shell’s negotiation preparation framework to plan for the negotiation between Rapid Printing Company (Rapid) and Scott Computers, Inc (Scott).

Whether or not we are aware of it, each of us is faced with an abundance of conflict each and every day. From the division of chores within a household, to asking one's boss for a raise, we've all learned the basic skills of negotiation. A national bestseller, Getting to Yes, introduces the method of principled negotiation, a form of alternative dispute resolutions as opposed to the common method of positional bargaining. Within the book, four basic elements of principled negotiation are stressed; separate the people from the problem, focus on interests instead of positions, invest options for mutual gain, and insist on using objective criteria. Following this section of the book are suggestions for problems that may occur and finally a

Negotiations are a part of daily life whether we are aware of them occurring or not. In everything that we do there are preferred end results and the end results are likely to affect more than one person. The goal in this however, is to ensure that all parties are equally benefited from the actions and reactions that occur to create that end result. While some dealings are done in a more subtle manner without a great deal of negotiation per say there are other situations that would warrant more vocalized mutually acceptable compromises. The purpose of this paper will be to effectively explain a situation of which required negotiation on the part of both parties that almost all of us have endured and that would be the process of buying a

Negotiation is the process of making amicable decisions between individuals or groups.  In this assignment, I will discuss a negotiation that did not result in the best possible solution for all parties. This negotiation was related to my work experience where I was a realtor who was representing a buyer in negotiation of the property’s price, mortgage loan rate and terms. I am a real estate licensee and also a member of National Association of Realtors. I have been practicing my license for seven years now. Seven years of experiences in real estate industry

Whether it is at work, church or in our private relationships, negotiations are a necessary tool for reaching an agreement. They are made by discussing each parties point of view with the aim being to reach an agreement that is mutually beneficial. For the most part, negotiation is the process by which those people involved successfully adopt or abandon their respective position through the use of positional bargaining. There are different types of approaches for the negotiation process - some hard and others soft in their manner of approach. The desired outcome of

Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.

Negotiation is one of the most common approaches used to make decisions and manage disputes. It is also the major building block for many other alternative dispute resolution procedures. According to Christopher W (2012), negotiation is the principal way that people redefine an old relationship that is not working to their satisfaction or establish a new relationship where none existed before. Because negotiation is such a common problem-solving process, it is in everyone 's interest to become familiar with negotiating dynamics and skills. This section is designed to identify what worked well and not well in the negotiation. In addition, to present strategies that generally makes the negotiation more efficient and improvement in the next