Germany and the Ukraine: (I) Émigrés and Nationalists

Dallin, Alexander

doi:10.1007/978-1-349-03305-8_6

Cited by 2 publications

(1 citation statement)

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“…In that case, the parties may have the option of going to court and letting a judge decide the fate of the mediator, presuming that the parties are in mediation by court order [118]. As previously stated, in court, there are winners, and there are losers, and the worst decision out of court is always better than the best decision in court [119]. Under certain circumstances, there is a distinct possibility that the court will not hold that the mediator is biased [120].…”

Section: Role Of a Mediator Or Arbitrator In A Negotiationmentioning

confidence: 99%

Practical Suggestions for Win-Win, Win-Lose, Lose-Win, and Lose-Lose Strategies in Mediation or Arbitration

Buresh

2022

JHP

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This essay discusses the practical aspects of mediation and arbitration. The article outlines effective steps to implement win-win, win-lose, lose-win, and lose-lose negotiation strategies. It is posited that with a win-win strategy, the job of a mediator or arbitrator is to find a win-win scenario that is acceptable to both sides. The role of a mediator or arbitrator when the parties are engaging in win-lose, lose-win, and lose-lose strategies is different in that at least one of the parties is not seeking a win for all sides. In particular, when the parties are not involved in a win-win, and court is an option, the parties need to gain as much information about the opposing party as possible to use it to their advantage in court. This is unfortunate but, at times, a necessary result of not participating in a win-win outcome.

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Section: Role Of a Mediator Or Arbitrator In A Negotiationmentioning

confidence: 99%