Copyright (c) 2009 All rights reserved. http://works.bepress.com/john_wade Recent documents in John Wade en-us Wed, 18 Nov 2009 23:29:45 PST 3600 http://works.bepress.com/john_wade/47 http://works.bepress.com/john_wade/47 Tue, 17 Nov 2009 14:19:53 PST Extarct:Leonard Riskin has suggested that problem definition can take place at (at least) four conceptual levels -- namely legal, commercial (or problem solving), personal and community levels. John Wade http://works.bepress.com/john_wade/46 http://works.bepress.com/john_wade/46 Thu, 24 Sep 2009 21:56:37 PDT Extract: The development of legal education has seen a variety of experiments that are more common in other fields of education, such as medicine, engineering and information technology. Examples of these experiments include case studies using: 1. Group project simulations; 2. International collaboration; and 3. Cross-cultural negotiations.² ² See note in paper. Duncan Bentley http://works.bepress.com/john_wade/45 http://works.bepress.com/john_wade/45 Thu, 24 Sep 2009 21:56:36 PDT This article describes an orthodox teaching and learning process known as the pyramid. It sets out how this basic process can be used in mediation (and other) training courses. The variations, advantages, and disadvantages of this learning procedure are described. Analogies are drawn between the pyramid method and mediation. Finally, mediators are challenged to add this process and its variations to their repertoires both as trainers and as mediators. John Wade http://works.bepress.com/john_wade/44 http://works.bepress.com/john_wade/44 Thu, 24 Sep 2009 21:56:35 PDT Extract: Mediators, lawyers and other skilled helpers normally exhort disputants to obtain "independent legal advice" before or after entering into negotiations. This article attempts to demystify and catalogue the concept of "legal advice" particularly in family disputes. Such a catalogue of in-formation and advice quickly raises a series of questions: How much of this information and advice is actually made available at present? How much information is necessary or helpful? In what manner, form and language should such advice be given? By whom should such advice be given? How much of this information is within the competence of a single professional work group (such as lawyers or counsellors)? On what timing should such advice be given? The article concludes that all these questions need ongoing research. Meanwhile, the sources, forms and price of (legal) advice should be creatively diversified in Australia in order to meet the needs of large numbers of disputants who enter into negotiation or mediation "in the shadow of the law". This is a challenge for creative lawyers, counsellors, mediators and other skilled helpers who seek to prepare clients for negotiation or mediation. John Wade http://works.bepress.com/john_wade/43 http://works.bepress.com/john_wade/43 Tue, 11 Aug 2009 22:55:18 PDT Extract: This paper firstly suggests a working description of a "difficult person"; secondly, describes outward behaviours of such labelled people; thirdly, sets out five overlapping categories of causes; and finally suggests a toolbox of responses for each "type" of cause. This topic has a vast foundation in medical, psychiatric, counselling, management, cultural, theological and negotiation literature.¹ ¹ See note in paper. John Wade http://works.bepress.com/john_wade/42 http://works.bepress.com/john_wade/42 Mon, 10 Aug 2009 23:29:09 PDT This article contains two parts. First, there is a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Second, to illustrate this analytical framework, there are two lists of factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal. This article does not attempt to create lists of factors that indicate the suitability of many other processes, such as early neutral evaluation, problem-solving mediation, and arbitration. John Wade http://works.bepress.com/john_wade/41 http://works.bepress.com/john_wade/41 Mon, 10 Aug 2009 23:29:08 PDT This paper endeavours to provide a framework for common patterns of behaviour and persuasion, observed anecdotally in high conflict negotiations in civil and family disputes, often including legal representatives. It sets out: Some introductory boundaries to the topic of 'persuasion' A composite model of a persuasive lawyer - negotiator Basic negotiation patterns The task of creating doubt about rights, goals and power Cialdini's sales levers Persuasion and pause A glimpse at deception of others during negotiation A glimpse at deception of self and 'decision traps' Persuasion via 'intangibles' - procedural skill and emotional awareness. John Wade http://works.bepress.com/john_wade/40 http://works.bepress.com/john_wade/40 Wed, 11 Mar 2009 17:12:29 PDT Extract:Ian Hanger QC, on behalf of LEADR, invited 50 experienced Australian 'commercial' mediators to a two day workshop on 21-22 August 1999 at the Gold Coast, Queensland, Australia. This elite gathering was facilitated by six Queensland teachers in the field of dispute resolution (Professors Gay Clarke, Iyla Davies, Nadja Alexander, Laurence Boulle, Pat Cavanagh and John Wade). Participants were requested to complete a questionnaire during the first day of activities. John Wade http://works.bepress.com/john_wade/39 http://works.bepress.com/john_wade/39 Wed, 11 Mar 2009 17:12:28 PDT The aim of this paper is to demonstrate that the concept of "power" in negotiation or mediation is complex. Breaking down this platitudinous and self-evident proposition will hopefully lead first to a greater willingness to articulate and hypothesise openly concerning sources of power in (family) disputes. The writer is convinced that mediators and negotiators who openly discuss sources of power will be more successful in educating disputants and assisting with constructive decisionmaking.Secondly, the phrase "inequality of bargaining power" is repeated ad nauseam as a reason for alleging the ethical unsuitability of certain types of negotiations or mediations. An analysis of power suggests that this phrase should not be used blithely. Power imbalances are more complex than first meets the eye, are always present, and are not necessarily adjusted satisfactorily by switching to another procedure. Many lawyers involved in family litigotiation are well aware of various forms of power imbalance in the sometimes (ironically) idealised court process. The label of "inequality of bargaining power" is fashionably epidemic; but the remedy may often (though not always) be worse then the disease. Nevertheless, concerns about inequality of bargaining power necessarily escalate as mediation becomes increasingly mandatory, and is staffed by under-trained, overworked and underpaid mediators.A number of outstanding books and articles have been written on the topic of "power" in negotiation and mediation. Particularly notable are the commentaries of Bernie Mayer and Christopher Moore. This paper walks in the footprints of those two writers and attempts to underline certain insights described by them. John Wade http://works.bepress.com/john_wade/38 http://works.bepress.com/john_wade/38 Wed, 11 Mar 2009 17:12:27 PDT 240 expert family lawyers in Australia, acting as arbitrators, wrote judgments/awards on an identical set of facts. These decisions varied dramatically in outcomes. This paper describes the process and varied outcomes. It then discusses why the consistently diverse range of outcomes caused such grief for these experts; what are the possible explanations for these diverse outcomes; and what are some possible implications if expert decision-makers consistently reach such diverse decisions? John Wade