Featured Blog Posts
Resolving Disputes can be as simple as . . . keeping it simple! A common key to resolving conflicts is to find the initial trigger.
All the negotiation texts I reviewed refer to BATNAs for developing negotiation strategy without mentioning the more useful concept of MLATNAs. Hopefully, you are at least aware of the latter – the most likely alternative to a negotiated agreement (not just the best alternative).
I have gotten emails from dispute resolution colleagues asking what we, in Missouri’s dispute resolution center, might do (or might have done) to help manage the conflict at our university more constructively.
Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases.
In her book chapter, Professor Amy Schmitz analyzes online dispute resolution in the context of both international and domestic business-to-consumer transactions.
’m frequently asked about my favorite tips for staying calm in an argument. While there’s no magic remedy that will work in all the moments that test us, there are practices I’ve returned to again and again in my work and that are well-supported by credible research. Now I’ve put them together in a free downloadable ebook for you to use in your own life and, if you’re a mediator or coach, with your own clients.
Based on the many, many mediations I have conducted, I have found that one of the biggest obstacles to resolving a lawsuit is the lack of preparation. The attorney representing the party and/or the party have not given any real thought to what it will take to settle the case or even if or why they want to settle the case!
Why do old, dysfunctional patterns for handling conflict re-emerge and persist in the workplace, even after providing training, policies or procedures for resolving differences constructively? This vexing phenomenon—a return to the status quo–plagues conflict professionals and team leaders alike. This is a podcast with Michael Dues.
Now celebrating our 20th Anniversary, Mediate.com has been recognized as a "Top 10" Attorney Directory by Attorney Rankings
. Mediate.com is the overall 9th ranked attorney directory and the only mediation or ADR directory listed.
Thomas Manfield offered UK employees the chance to submit some of the most disturbing things they had overheard in their workplaces. The research found that rude and insulting remarks are still very much commonplace in offices today.
A Bexar County Probate Court Judge has reportedly asked the parties engaged in a high profile battle over a trust valued at nearly $1 billion to engage in mediation. In the case, the 88-year-old owner of the National Football League’s New Orleans Saints and the National Basketball Association’s New Orleans Pelicans, Tom Benson, and his only daughter are apparently at odds over control of the assets that were placed in trust by Benson’s late wife who sadly passed away in 1980.
In conflict, professionals often believe that containment, suppression and an efficient settlement are needed. That is, they try to make the conflict go away, just as physicians try to make disease go away.
Litigation is similar to an unfinished building project: the community has to live with something that is ugly; that is enormously wasteful; and that has been sitting there unfinished for a long time. Its continued unresolved status satisfies neither those opposed nor those in favor of the project.
The other day, I came across a case argued before the U. S. Supreme Court on October 14, 2015 involving both of these issues. It caught my interest because the questions presented to the U. S. Supreme Court are; (1) whether a case becomes moot when the plaintiff receives a settlement offer that provides full and complete relief on his claim; and (2) Does such an offer of complete relief on his claim moot his class claim where that class has not yet been certified?
(10/30/15)Denise Arellano, Marshall Rosenberg
This article is a book review of the Nonviolent Communication. It details how to have healthy communications with those all around us in a variety of settings.
This article addresses the stark differences Judge Judy-type courtrooms and mediation.
(10/30/15)Heather Scheiwe Kulp
This is the second in a five-part series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and to give us tools for both combating the fallacies and responding with more positive advice.
In order to be effective, trainee mediators need to unlearn much of what they think they already know.
Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration.
A lot of people cringe when they even hear the word “conflict”, especially at their workplaces. But the truth is, conflict is a natural part of human interactions, and it won’t go away even if you close your eyes and wish really hard!
In conflict, professionals often believe that containment, suppression and an efficient settlement are needed. That is, they try to make the conflict go away, just as physicians try to make disease go away. But single-minded focus on ending the conflict can have very unpleasant side effects, just like excessive medical treatment can.
The feeling of settling in has clear value for those of us involved in mediation, but it poses risks as well.
I’ve heard the following five common beliefs about conflict repeatedly during my two decades as a mediator, coach, and conflict resolution teacher. All five miss the mark in important ways and we should stop repeating them.
The California Law Commission rejected the use of a cooling off period after a settlement agreement is signed at mediation (such as is used in certain employment disputes) and also rejected the ability of the parties to unwind the agreement where misconduct is alleged. This article discusses additional updates to California mediation policy.
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The Quartet's work (recently honored with the Noble Peace Prize) illustrates two techniques favored by mediators: (1) acceptance by all of the feuding factions of a set of ground rules, and (2) encouragement of continued dialogue among all of the affected parties to the conflict.