Author Archives: jcooper131

Contract Claims

A common misconception is that careful adherence to and management of a contract will prevent contract disputes. Experience has shown us that even well managed contractual relationships experience unresolved issues that develop into contract claims. Some are minor and are quickly resolved, but others, like an untended field taken over by weeds and thickets, will be consumed by wasteful conflict […]

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What drives conflict is not always obvious

Conflict is a necessary part of the competitive process between and among organizations and individuals, but this is not the generally held view. When a conflict manifests itself/¬†rises up¬†among individuals in a group, management sees this as a bad thing, and reacts accordingly. It is seen by many as a crisis to be addressed quickly. This view and the approaches […]

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How are negotiation and mediation related?

Good negotiators do not negotiate extemporaneously, but almost always work from a script or plan. Like moves a chess player makes, negotiators execute a series of actions designed to overcome differences between parties in dispute and thereby bring an end to the conflict. Each move or action in a negotiation is structured in a manner that encourages the parties to […]

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