Publications

From time to time, it might be necessary to end a relationship with a client. This can be for a variety of reasons, such as the client is no longer a good fit for your offering, or you’re not working well together. This can, understandably, be a difficult process for a business owner. This article looks at how to end the relationship without creating a war.

If you are a coach, consultant or trainer, I’d be surprised if you had never been asked to do a presentation ‘for free’. If I had dollar for every request to present ‘for the publicity’ it would need a separate line item on my profit and loss, writes negotiation expert, Nicole Davidson.

In this article, I look at where heading straight to a lawyer may increase conflict rather than lead to a resolution. I also look at where you can turn other than litigation.

Nicole speaks with Daz and Cindy about the role plays in negotiations and whether tears and anger help or hinder

Anyone who has been following me for a while knows that I am a huge fan of mediating before litigating. One of the barriers to this happening is that the general community doesn't know that mediation is an option.

I was delighted to have the opportunity to help raise awareness of mediation through an interview with Monika Kos on Channel 9 News in Perth last night.

Thank you to Nic Hayes and Suzi O'Dell from Media Stable for helping to bring this opportunity to me.

#negotiation #mediation

In this episode, Nicole Davidson, Mediator of the Year at the Australian Law Awards 2022, business peace keeper, commercial mediator and host of the podcast Negotiation in Real Life, discusses how to have difficult conversations in business.
You'll learn:
1. Better Business negotiation outcomes.
2. Going from stuck to progress in disputes.
3. Asking better questions.

Nicole Davidson knows a thing or two about conflict. After a number of years in the legal industry she’s seen a few stouches! These days though, Nicole teaches and helps clients reach better outcomes from negotiations. It’s the old thing about prevention being cheaper and often faster than the cure so listen in as Nicole shares how to get to ‘yes’ in negotiations, what the top 3 skills are to become a better negotiator and how to debrief interactions so you get better outcomes with your customers, team and maybe even your loved ones!

Co-authored with my colleagues from the Kato Collective, we look at how understanding the power of a well prepared and conducted mediation can make the difference between a lengthy, expensive and stressful process and a timely outcome.

I look at the way our current legal system, developed in the 18th century, largely for criminal proceeedings lets us down. I also propose an alternative to get the discussion going about how to improve things.

Nobody intends to fail. In fact, most people will go to any length to avoid failing. Once negotiation has begun, it is easy to become obsessed with reaching an agreement at any cost. Walking away without a deal would be a failure.

However, if the situation is not carefully assessed, this desire to avoid failure can lead to agreements that are not in your best interests. That is a colossal failure!

On this episode of The Lawyers Weekly Show, host Jerome Doraisamy speaks with Nicole Davidson — a Melbourne-based commercial mediator and negotiation consultant who recently won the inaugural Mediator/Arbitrator of the Year category at the 2022 Australian Law Awards — about how and why she got into mediation as a vocational path, why mediation is such a critical avenue, the motivations of clients and whether lawyers are as open to mediation as an avenue as they should be in the course of litigation.

Ms Davidson also delves into the headline issues and challenges for mediation as a growth area, whether mediation is on the rise in Australia, navigating evolving environmental circumstances and therefore different strategies and approaches, understanding the little things in the course of mediation, lessons she has learned, and what mediators have to look forward to in the future.

Helping navigate the return to work post-Covid.

Key considerations that will give you the best chance of success in a mediation.

Helping landlords and tenant negotiate under the Commercial Tenancies Relief Scheme,

Litigation is a common way to resolve business disputes but it's not the only way. There are ways that can be quicker, cheaper and a whole lot less stressful.

A case study of the negotiations between Coles and Cambells Arnotts and the impact of alternatives in negotiation.