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An endgame is the strategy you plan for how you will play your last hand or your remaining chess pieces or the end of the race to ensure the outcome you want. Sometimes those strategies work and sometimes they don’t, but it’s the plan we put into place to get a desired result, and then we hope it works.
Although public perceptions are important indicators about the functioning of the court system, they are subject to biases and should be supplemented with other indicators.
This article is the talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic.
More evidence that the practice of law has changed in fundamental ways: Employee representatives agreed that they prefer to resolve employer-employee disputes without litigation if possible.
Are you a risk taker? Or, are you a risk averter?
One of the most common illusions that new coaching clients have is that by working with me they can somehow find tricks or techniques to convince the other person to think and behave differently.
What does it mean to hold the space for someone who’s trying to get somewhere different in a conflict?
SWAT negotiation team discusses whether online technology in gun standoff helped resolve their dispute.
Are you a risk taker? Or, are you a risk averter?
Arbitration is in crisis. Under fire as an oppressive, claim-suppressing method of dispute resolution, imposed by businesses upon unsuspecting employees and consumers, arbitration is also becoming increasingly unpopular with its original designers – businesses in commercial disputes with other businesses
Two words, distinctly different meanings. Yet often confused by the eye, ear and mind because the words are spelled somewhat similarly and maybe sound alike to people when spoken. Yet it's useful to distinguish between the two for when a stressful situation arises and we find ourselves in critical need of help.
President Obama came to prominence in 2004 with a speech in which he argued that there isn’t a red America and a blue America but rather a single United States of America. Looking back twelve years later, this may seem like a rather odd notion in a country riven by intense political polarization.
Whakawhanaungatanga is a Maori process for establishing relationships. In the following interview I explore the tradition, identity, trust-building, and conflict resolution with New Zealanders Hilary Unwin and Pereri Hathaway.
Disabled people are significantly more likely to experience unfair treatment at work than non-disabled people.
(5/06/16)Ronald S. Kraybill
As you become aware of diverse conflict styles, you can easily use the two step discussion process, a conflict resolution strategy that can be surprisingly effective.
For years, family law litigators were the go to persons to facilitate the distribution of property, support obligations and the plan of care for children of the relationship between separating couples.
Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.
There is an audio file stored on my mom’s computer, labelled “The Bad Call.” It’s a recording of a two-minute call between her and me on Sept. 9, 2009. I had, at that point, been a hostage in Somalia for over a year.
I read an article on CNN that explains that when surgeons and other medical providers apologize after they’ve made a mistake, people are less likely to sue. What I found hard to swallow was that the story was considered newsworthy.
A few weeks ago, I discussed the paradox of Avoidance and Engagement. Parties engage in mediation to avoid further litigation or prolonging the dispute yet at the same time, they avoid each other during the mediation (through the use of separate sessions) to engage in settlement negotiations.
(4/29/16)Michael P. Carbone
Mediators, like other dispute resolution professionals such as arbitrators and referees, are commonly referred to as "neutrals."
(4/29/16)F. Peter Phillips
A group of sharp and experienced thinkers on the mediation process offered a panel at the recent ABA Dispute Resolution Section meeting in New York before a packed crowd of just-as-sharp practitioners on the topic “Reevaluating the Role of Autonomy in ADR.”
Workplace mediators are able to influence the way the parties approach the content, interaction and process of their conflict. And they do this by selecting an intervention from a “continuum of power and influence” which moves from indirect through direct to coercive.
I used to get into small verbal arguments with other members using the machines, partly out of my own impatience, and partly because they were violating the rules of courteous use.
New research has identified six elements to an apology, and the more of those elements you include, the more effective your apology. Two are particularly crucial to having your apology accepted.
Michael Z. Green (Texas A&M) recently spoke on “Civility and Mediation as Workplace Responses to Conscious Disregard of Racially-Biased Behaviors.” Like this title, Michael’s talk was provocative, stuffed with information, and at once idealistic and critical.
The current dispute in Ireland involves multiple parties who all have strongly held positions, based on their values, interests and needs. Does this sound familiar?
Mediation or arbitration of employment disputes is also encouraged to avoid the costs of ordinary litigation, especially the cost of discovery disputes.
RSI wanted to shine some attention on the work we are doing related to the development of the new Child Protection Mediation Program.
As a child of divorce, a divorced mother of two, and a long-practicing divorce lawyer/therapist, divorce is not exactly something I would advocate for improving a child’s mental health.
In this seemingly endless election season, just about everyone who believes they have any angle at all on making sense of what is going on has weighed in with their analysis. So why not conflict professionals?
In order to reduce the anxiety of conflict and ensure that you hire someone who is a good fit for your case, it is important to consider what questions you want to ask and to enter that meeting prepared.
(4/08/16)Lynne Kinnucan, Patricia Porter
Stop Avoiding Conflict: Learn to Address Disputes Before They Erupt, Pattie Porter's new Minibuk, expands the conflict territory by focusing on the sabotaging effect of conflict avoidance.
When locked in bitter conflict, sometimes people resort to court. This can result in poor outcomes as the court is more limited in terms of solutions that can be ordered.
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How do you reduce resistance? What are the best ways to handle difficult people?