(9/22/17)Peter T. Coleman
This article is part of a series based on the ideas of Morton Deutsch.
In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.
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).
So you need to determine things to consider before signing a prenuptial agreement and don’t know where to start?
Noted lawyer Gerry Spence is as accomplished a painter as he is a trial lawyer. In both of these activities Spence creates canvases. More importantly, he understands in both pursuits that he is the painter and not the painting.
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?
(9/10/17)L. Randolph Lowry
This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.
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.
(9/08/17)Gregg Relyea, Joshua N. Weiss
This article includes reviews by Dan Shapiro, Director, Harvard Law School, International Negotiation Program, and other notables, including Bill Ury and the Dalai Lama, of the children's book Educating the Next Generation in Conflict Resolution: A Review of "Trouble at the Watering Hole: The Adventures of Emo and Chickie" by Gregg Relyea and Joshua Weiss.
The disruptive force of technology has led to innovative dispute resolution practices
that increase access to justice and also raise new ethical considerations.
(9/07/17)Peter T. Coleman
We should work hard to approach conflicts as mutually shared problems.
(9/07/17)Klaus Peter Berger
This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.
(9/06/17)Joshua N. Weiss
This is a book review by Joshua Weiss of the book Mastering the Art of Negotiation.
(9/06/17)Todd Jarvis, Aaron Wolf
This is a book review by Todd Jarvis of The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Conflict by Aaron Wolf.
The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.
In negotiating a divorce agreement, it’s important to understand how the spouses negotiated with each other during their marriage.
This is a brief examination of a dispute between the Washington Redskins NFL football team and the government over the franchise's team name, which many see as racist. The organization won in court, yet did they really "win?"
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."
When parents or a couple decide to pursue mediation, the mediation is more likely to be successful if the parties prepare mentally and practically.
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).
(8/18/17)Peter T. Coleman, Morton Deutsch
This article describes ideas on peace and justice from the career of Morton Deutsch.
(8/18/17)Michael Lang, Rochelle Arms
While mention of reflective practice in the field of mediation has grown in recent years, its use is still not standardized in the work of most mediators.
This Editorial is about corporate mediation, and that is not always CEO stuff. The question is raised whether your CEO is open to this corporate mediation stuff.
A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.
This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.
Exploders make up the second category of difficult people; but they are totally opposite from the Snipers we looked at before.
Like other mediators and arbitrators, I work in the gray zone of human affairs, the interstitial area between hard positions, contending oppositions, and powerfully different assertions about what is “the truth.”
Founded more than 20 years ago as a vehicle to connect professional mediators with individuals who need dispute resolution services, Mediate.com today presents more than 15,000 articles and top-tier resources for its 5 million annual visitors.
From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.
Mediator Dan Berstein shares his journey to being open with his bipolar disorder, and how conflict resolution skills can help us overcome barriers to having conversations about mental health. In this profound story, learn how to get past the assumptions, paternalism, and stigma to make room for the other person's story and connect.
Whenever I ask participants in my workshops what words they associate with conflict, they come up with expressions that have most of the time a negative quality. They associate conflict with fear, anxiety, frustration, sadness, loneliness, anger, etc. But it doesn’t have to be like that.
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Elizabeth Chika Tippett, Associate Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It’s the Arbitration Agreements.”