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Sounds contradictory, I admit, but it’s an interesting concept and raises an interesting question: Do we always have to agree before taking action?
(4/28/17)F. Peter Phillips
For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs.
An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
Andrea was kind enough to forward me a copy of her acceptance speech from Saturday. As you might expect it was inclusive, clever and funny. If you had to leave early and missed the luncheon, the text is included below. Make sure you read it in Andrea’s voice to get the full effect! ~ Kelly Browe Olson
Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.”
Focus and preparation are the muscles that will give us the perspective and control we need right from the starting gate.
(4/21/17)F. Peter Phillips
Lincoln famously wrote: As a peacemaker the lawyer has a superior opportunity of being a good man.
(4/21/17)Michael A. Zeytoonian
Resolving a Dispute is Like Traveling, Writing a Business Plan, or Choosing a Course of Medical Treatment:
If you take the wrong road, you won’t get the result you want.
In the past week the Internet went ablaze with news reports of United Airlines passenger Dr. David Dao’s merciless ejection from a Louisville-bound flight.
It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.
(4/21/17)Jan Frankel Schau
In mediation, I sometimes find that the hardest challenge is helping the “victim” to cease focusing on their past and begin to envision their future differently.
Disputes can often be sourced to a highly flammable communication medium.
If you believe someone is aggressive, could they behave more aggressively with you than with others?
A wonderful benefit of learning conflict resolution skills is using them to positively reframe my own challenging communications
Following up from our recent article on “10 excuses bosses give not to bring in a mediator”, here is an infographic illustrating the 10 top justifications senior managers give for not “bringing in the mediators” to resolve a conflict in their organisation. How many have you heard?
It was the breakthrough that we had been looking for. A new tool? No, it was a question that had allowed the person to reflect.
Well… we missed it again! International Day of Happiness was March 20, 2017, but, perhaps, missing it was not such a bad thing.
Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 8" Attorney Directory by Rankings.io. Mediate.com is the overall 8th ranked attorney directory and the only mediation or ADR directory listed!
In my sometimes over-simplified way of looking at negotiated agreements, I have argued that the most useful way to evaluate a potential deal is to compare it to alternatives that are actually available.
When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?
As they are going up the hill, from out of nowhere, Jill makes an offhand but biting remark to which Jack responds negatively. The ensuing conversation gets totally off track on whether they should go up the hill and instead focuses on Jack’s personality traits and then on Jill’s personality traits.
It’s a no brainer, right? Shouldn’t it?
Sometimes “new” information on conflict resolution sounds like what we already know, but an existing idea can be reframed and sound new all over again.
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
In the classic folk tale, the Sun and the Wind each believe they are more powerful.
The deliberative process this mediator conducted is such a stark contrast to the sharp political polarization and poor communication in the US these days.
Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.
We tend to approach conflict situations as 'win/ lose'.
(3/17/17)F. Peter Phillips
The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy.
Often in negotiating, a party may make a monetary demand without providing any reasoning behind it.
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
Mediation is successful more than 75% of the time, minimising costs in terms of time delays, frustration, and emotional impact on parties and their families.
David Weiss, the Director of the Institute for Dispute Resolution (IDR) at New Jersey City University. , is interviewed by Laura A. Kaster, President of the Justice Marie L. Garibaldi New Jersey Alternative Dispute Resolution Inn of Court.
"Between the Fact and Non-Fact is the Conflict," this statement is so blatantly simple that one wonders why we have not been able to dwell on this and recognize that this pulsating split second wonder can have appalling or astounding consequences.
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If poorly worded, an apology can only exacerbate the situation rather than ease the hurt and pain caused by the initial faux pas.