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QUESTION 5: In the book The 7 Habits of Highly Effective People, one of the habits that Steven Covey outlines is “think win-win”, which is all about both/and thinking. In fact, Steven Covey uses the same “slice of pie” analogy as Firms of Endearment (p. 213) to contrast the scarcity mentality (either/or) with the abundance mentality (both/and). Getting to Yes by Roger Fisher and William Ury outlines a strategy for approaching negotiation that requires “inventing options for mutual gain”, or in…

the more complex and lengthy construction contracts, there are drastically increased numbers of opportunities for contractual disputes to disrupt the process. Many construction contracts in the modern workforce already include Alternative Dispute Resolution (ADR). This is a…

Having to confront a belligerent beneficiary is an awful position for an executor. Unfortunately for executors, beneficiaries have rights to an estate that executors must respect. (Refer to the article Know your Beneficiaries to review beneficiary rights.) So, an executor must try to handle a belligerent beneficiary as described in the article How to Handle a Belligerent Beneficiary. Conversely, if all efforts fail to appease the belligerent beneficiary, the executor has to take action to move…

In the ‘process of conflict’, the dispute between the parties seems to have reached an ‘intervention’ phase, where the parties have already had discrepancies, and perhaps expressions of intense feeling such ‘frustration, anger or anxiety’, thus leading to a hostile and litigious break of business relationships. The interest of the college in the dispute seems to be financially orientated. The college is an incorporated company, hence it is understandable that any revenue from fees can be of…

While each person has a different idea of what the world around them looks like, each person uses perception to identify their specific world. Biases, psychological makeup, interests, and needs shape our perceptions and mold into who we are. Our perception determines our abilities for sympathy and empathy and is a subcategory of what makes us who we are. Without perception, we would not have sympathy or empathy, which would drastically hinder our relationships. Perception consists of selection,…

conflict. QP practice with Quadir coping with strong feelings that arises during conflict. QP discussed with Quadir conflict resolution strategies. QP discussed with Quadir how to manage and resolve conflict situation by listening. QP asked Quadir to list some ways he can show some during conflict situation he is listening to them. QP discussed with Quadir conflict resolution skills of emotional intelligence. QP provided Quadir with the opportunity to express his feelings and thoughts during the…

comparative legal study’. On a local and multinational platform, she represents both the private and public sectors, on matters such as: employment contracts, human resource policies and procedures, employee relations’ procedures, as well as dispute resolution. Six Reasons Why Disability Equity Programmes Fail So, why do workplace programmes aimed at including and mainstreaming of persons with disabilities fail, even when they were founded with the best intentions? Based on my in-the-field…

The court reached the conclusion that “no valid agreement to arbitrate exist[ed] in the case” (Basulto v. Hialeah, 2014). The court argued that each of the three arbitration clauses, called for different dispute resolutions, which were contradictory to each other. One arbitration clause called for dispute by jury waiver, while another called for arbitration by a single arbitrator, and yet another required arbitration by a panel of three arbitrators. Furthermore, the…

Introduction Negotiation is a process of dynamic communication in which two or more parties attempt to settle differences and defend interests directly through dialogue in order to achieve a solution or a satisfactory agreement. In this paper I will discuss the important rules in negotiation and what to avoid during a negation. Importance of Negotiations The description of a work often includes negotiation skills as a desirable quality in a charge applicants list, however the ability to trade…

When being "wedded" to your own story and how it applies to me generally means that as an individual i am tied to whatever words i convey to others regardless if it is something that effects them on a positive or in a negative way; but the aim for personally is to leave a mark of story filled with positivity and hope that whatever conflicts they are dealing with me as a mediator and negotiator can help them resolve regardless of how conflicting they may seem to be. although, when it comes to…