(2/12/16)Malcolm Sher, Jobi Halper
Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.
We have entered a fascinating period in British politics. The old certainties are gone. Recent disruption will inevitably cause instability - and opportunity.
The standoff in Oregon has concluded on Thursday after lasting for more than a month. The following article provides a great recap of the final moments and sheds some insight into the "surrender ritual"- the concluding moments of a a crisis/hostage incident.
What’s the best way to re-establish communication with someone after a falling out? Here’s how to write an email that will help you reconnect after no contact and set the stage for talking in person or by phone.
In her journal article, Professor Strong discusses innovative developments in the context of large-scale arbitration and other alternative dispute resolution mechanisms in Ireland – a jurisdiction where class relief is not typically available through the court system.
When mediators join a conflict, they enter a living system. Realize it or not, that system is instantly changed by their arrival.
California has a statute – Code of Civil Procedure Section 583.310– that requires that all cases be brought to trial within five (5) years of being filed or else be subject to dismissal. However, this five year period is tolled if during the final six (6) months of this five year period (i.e., after the case has been on file for 4 ½ years) the matter is submitted to mediation.
Neutrality is a cherished concept in mediation, but the term is interpreted differently by different mediators.
This is the complete interview by Robert Benjamin with Juliana Birkhoff, national leader in the field of public policy mediation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
A look at the trend for Divorce Selfies, what it tells us about the trend for an amicable divorce and the lessons professionals can take from it - to be more supportive about the idea that an amicable divorce is achievable.
Much has been written about the global development of mediation, but more should be said about the important questions that should be confronted by practitioners, policymakers and users.
When you're young, the worst Valentine's Day ever may be the day at school when everyone got a flower or a card except for you. That's pretty bad.
The Ninth circuit recently determined that a rejected Offer of Judgment did not moot the case. Defendant appealed. This is their story.
An interesting conflict that occurs during snowfalls in Baltimore City is over parking spots. Thursday night before the storm commenced, residents began placing folding chairs and other miscellaneous furniture outside to reserve the spaces in front of their houses.
Are there negotiating lessons one can learn from the world of Quentin Tarantino? Mediators tend to believe that if we encourage parties in conflict to continue talking even when resolution seems unlikely, they will eventually reach a level of common understanding that will enable both sides to find an acceptable way out of conflict.
Wherever we look, there is a variety of articles, blogs, keynotes and workshop topics all talking about the necessity to develop future leaders, understand the next generation(s) and attract the right talents. The mediation profession is no exception.
Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort.
Although mediators prefer not to be pigeonholed, the truth is that we each stick to our own philosophy.
(2/02/16)John Paul Lederach
This is the complete interview by Robert Benjamin with John Paul Lederach, a global leader in ethnic and cultural reconciliation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
The University of Missouri has been in the spotlight and it's not the school's finest moment as football players have announced they are on strike until the school president steps down due to their hurt over a lack of response to painful experiences of racism.
This article is about an instrument that can be used both in mediation and in negotiation processes. It can be used at all times, but is particularly helpful when a mediation or negotiation process finds itself in a somewhat advanced stage.
Here's another great academic paper from Paul J. Taylor. This time he teamed with William Donohue (another great researcher/academic) to write Testing the Role Effect in Terrorist Negotiations.
Everyone’s at it – criticizing the whiteness of this year’s Oscar nominees for not representing enough black stars.
Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members.
The Supreme Court of Texas has denied a party’s request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.
(1/23/16)Carrie J. Menkel-Meadow
This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Uncovering a client’s deeper needs and interests is the secret sauce of mediation. As it turns out, it’s also the heart of good coaching and communication.
Mediation is now well-established in Australia particularly in the commercial jurisdictions of the states and territories. However it is still viewed as an unwelcome visitor by many in the legal profession and the judiciary.
Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city. We found an engaged and enthusiastic audience and much interest in the issues which we have all faced – and continue to face – in many jurisdictions.
The focus of the article is about the nuances of language, the ability to discriminate among situations, and applying the absolutely right approach.
To me there’s a difference between calling out bad actors for the benefit of the greater good and tattling on someone with the intention of being unfairly rewarded. And, that’s exactly what I think is happening with the tattletale epidemic
Before you start implementing a grievance or disciplinary process, be aware of the three possible points of quality failure before you start.
Shoulds and expectations are a big source of conflict.
If you can’t negotiate, you can’t be a successful entrepreneur.
(1/22/16)Michael A. Zeytoonian
I think it’s a good idea for people who find themselves in a dispute to do some cross-examining before they file a lawsuit.
(1/22/16)John Lande, Heather Scheiwe Kulp
Readers will recall that Michael Moffitt posted a series of posts by Heather Kulp about giving advice to students about developing ADR careers and that I wrote a response to Heather to start a conversation.
(1/19/16)Gregg Relyea, Roy Cheng
This article examines the challenges experienced by lawyers who are training to become mediators. Many of these challenges stem from deeply ingrained perspectives associated with legal training and experience.
(1/18/16)William E. Hartgering
This is the complete interview by Robert Benjamin with William Hartgering, founder of Endispute and a JAMS mediator, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Listening skills are vital to any mediator. Listening to children is an especially effective way to stretch ourselves by entering into another mental world.
(1/15/16)Karinya Verghese, Jennifer Winestone
This article provides a summary of the authors’ observations at the Commission Meeting of December 10, 2015 and of the issues surrounding the proposed legislative amendments to mediation confidentiality.
It was pure serendipity that a small group of people came together and became one of the most effective teams I’ve had the privilege of working with – the members of my board of directors on the Foundation I chair.
My job in PA was to listen to people’s legal troubles and align them with an affordable attorney. One day, I got a call from a client who had been trying, with no luck, to find an attorney with experience with “monkey cases.”
“Ab, stop micromanaging…” My husband Bernard cried out. I was badgering him with questions about when he would complete a project on our house.
On Monday, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing home in state court alleging negligent care and wrongful death.
This article asks: Why a continent, considered by many to have been the springboard for the unprecedented modern growth in arbitration in Europe and Asia recently went through a significant increase in the number of international arbitrations?
This is the complete interview by Robert Benjamin with Andrew Schepard, a leading professor, editor and writer of family law and mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
There is no magic pill but there is a prescription to change behavior in others. It takes time and patience to cure such negative characteristics, and it doesn’t help to ignore the problem behavior or respond likewise or criticize rather than cure or just brand someone as a problem and be the psychiatrist to their craziness. We can work to prevent unproductive and negative behavior that leads to conflict.
With all the hysteria going on in politics right now, it is hard for many mediators to know what to do. This article offers some great suggestions for finding a peaceable route in the midst of so much negativity.
(1/08/16)Brian Jerome, Jeffrey Stern
This article reflects on the current and timely issue of hidden arbitration clauses in contracts, and a rebuttal to the recent NY Times article series which was extremely partisan and put arbitration and arbitrators in a very poor light. The article more accurately positions arbitration as an important and helpful alternative to litigation.
Click here for MORE ARTICLES
White mediators tend to believe that as mediators they are impartial and empathetic, and that they are delivering a process that is balanced and empowering. So naturally, they believe their management of issues of race in a mediation is going to be fair and appropriate.