Featured Blog Posts
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.
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.
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.
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.
(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.
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.
It feels natural to take notes while mediating or coaching, and coaching and mediation notes serve a purpose. While jotting down something really important is useful, taking notes throughout the session is often a mistake.
Many of us like the goals of reducing the adversarial elements of litigation but also want to protect plaintiffs’ reasonable access to the legal system. So are the new rules good or bad?
Who is Regulating Mediation in Ireland in 2016?
Russian courts take a view that a shareholder is not bound by an arbitration clause included in a contract.
For the first few weeks of 2016, we will keep our New Year’s resolutions but as time passes, they may fall by the wayside, and we will find ourselves doing the same things we promised ourselves we would avoid. Why? Habits!
Do you ever find yourself acting (out) like your five or fifteen year old self? If so you may be affected by revertigo!
(1/04/16)F. Peter Phillips
On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately after, a mediation process.
I love New Years because I love the idea of a new beginning. I like many others’ like to make New Year resolutions. I determine what my intentions for the coming year will be by reflecting on where I fell short over the last twelve months.
Knowing that whoever reads this is probably relaxing with a fine wine in hand, or perhaps a favoured beer, away from the hustle and bustle of the usual diet of mediation work, this blog adopts a similarly indulgent and merry feel. Here is one mediator’s choice of mediation-themed songs (with a UK- and popular music-slant, I accept) with which I would happily be stranded on a desert island.
Just as homeowners over-leveraged themselves on the road to the foreclosure crisis, so too Americans now stand on the precipice of what could be an equally destabilizing student debt problem.
(1/04/16)Jan Frankel Schau
In this new year, I hope that you will join me in giving voice to those who feel particularly and individually victimized, but in avoiding falling prey to those charismatic leaders who promise to speak for the victims en masse and to save them from the evil of those “on the other side”.
In response to the Supreme Court’ refusal to review the 9th Circuit decision in Dilts, the trucking industry supported a proposed amendment to the 2015 Federal Highway bill pending before Congress.
(12/21/15)Robert Ferguson, Peter T. Coleman
Most of what you have learned about conflict resolution is often wrong. At the very least, ineffective in the workplace.
In many organisations, mediation only plays a limited part as an activity to resolve a specific conflict. But it can do so much more.
You have to be robust, but at the same time you have got to show that you understand how the negotiation process works.
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Whether we’re participants in a conflict conversation or mediating it, creating space for a question to be contemplated before answering is a powerful gift. When we fill the space out of our own discomfort with the silence, we inadvertently smother the possibility of a deeper answer.