Featured Blog Posts
(10/13/17)F. Peter Phillips
Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.
Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.
What insight do you have into your conflict?
When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?
“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.
(10/06/17)Ronald S. Kraybill
Isolation and polarization are big threats today.
(10/06/17)Eliane Fischer, Flavio Peter
When ABBA launched “The Winner Takes It All” in 1980, modern arbitration was still in its infancy.
(9/29/17)Stephen Kotev, Patricia Porter
Got Conflict? Are you a worker taking on short projects or “gigs?”
On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law.
When I get a call about workplace conflict, I often find that these 4 things are true.
Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.
One reference to the expression “bite my tongue” is “To forcibly prevent oneself from speaking, especially in order to avoid saying something inappropriate or likely to cause a dispute”.
“Recognize the strengths of the other guy’s argument and the weaknesses of your own. Keep an open mind while listening.” - by Jake Sullivan.
We all have cognitive biases.
This article discusses the Zen at the Gym (part 3).
If you believe someone is aggressive, could they behave more aggressively with you than with others?
When you see an overweight person walking down the street, or perhaps sitting in a meeting with you, what is your reaction? Do you cringe or try to avoid that person?
I share a tale of two wrongful dismissal mediations conducted weeks’ apart.
How do I make my intentions to be conflict competent a reality?
What is the relevance of religion to ADR? This question is very different to considering the relevance of ADR to religion.
(9/08/17)Michael A. Zeytoonian
What do you want? It’s a pretty simple question, really.
When we notice resistance, a typical response is to try persuading them out of their resistance.
Richard Barbieri, the general editor of ACResolutions, the quarterly magazine of the Association for Conflict Resolution, was struck by my series of posts after the November election about building common ground between “bubbles” in our society.
The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.
Accountability of ADR practitioners is important to ensure the credibility and effectiveness of ADR processes.
(9/01/17)Meriam Al-Rashid, Diora Ziyaeva
As practitioners and clients alike are well aware, international arbitration is not without its risks.
“I hear you.” Listening is a very simple act.
While I have known that silence can be a powerful tool in my mediation tool box, I never really thought about until I read a recent article posted on the BBC news website called “The subtle power of uncomfortable silences."
Imagine you had all the data you could possibly want about a city. What might you do with all this information to help improve the quality of life in the city?
How can you have a civil conversation with people you think are absolutely wrong, even evil?
In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.
The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.
(8/21/17)Jenny Driver, Mirella Kreder, Gracious Timothy
Following two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017.
On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402).
Click here for MORE ARTICLES
A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.