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Article

Psychology of Conflict

Why Do People Fight First and Then Settle?

Journal Corporate Mediation Journal, Issue 1-2 2019
Keywords conflict, mediation, psychology
Authors Martin Brink
AbstractAuthor's information

    In many cases much harm and sorrow is caused first before people sit down and settle. Why not settle without fighting first?


Martin Brink
Martin Brink is Editor in Chief of this Corporate Mediation Journal
Article

Access_open Rereading Fisher & Ury

Identifying the Advantages of Mediation in the Specific Setting of a Competition Law Dispute

Journal Corporate Mediation Journal, Issue 1-2 2019
Keywords modern mediation, principled negotiations, competition law
Authors Pierre Kirch
AbstractAuthor's information

    To analyse the advantages of mediation as a means of resolution of private competition disputes, it is helpful to look backwards to the underlying principles upon which modern mediation has been built. The principles that now guide leading mediation institutions in Europe are still based on the foundation that was laid by the methods of principles negotiations, written down in Getting to Yes: Negotiating Agreement without Giving In, by Fisher and Ury.


Pierre Kirch
Avocat à la Cour (Paris & Brussels Bars), Partner, Paul Hastings (Europe) LLP, mediator certified by the Centre de Médiation et d’Arbitrage de Paris (CMAP, Paris) and the Center for Effective Dispute Resolution (CEDR, London).
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