Featured Blog Posts
A recent article in Forbes (10/1/16) includes some really dismaying statistics about management communication and training. Here are three.
Are you sick of people discussing politics at work? Or are you one of those folks who can’t seem to stop talking about the candidates?
This author wonders if “restorative justice” is not about forgiveness or reconciliation nor is it mediation nor is it designed to reduce recidivism. It is neither an alternative to prison nor replaces our legal system.
These are a collection of sketches and inspirational quotes by Brad Heckman of the New York Peace Institute, such as "We have never arrived. We are in a constant state of becoming." — Bob Dylan (Nobel Laureate!).
Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties valued in the tens of millions of dollars.
(10/14/16)Daniel Ben-Zvi, Caroline Vincent
Walk into a mediation and you walk into a world of possibilities. Lawyers need to leave their weapons at the door and be open to opportunities that can arise in mediation.
Chronic or unresolved conflict can trigger us to react based on what has happened in the past even when the present circumstances don’t warrant that reaction.
In December 2015, a FINRA Dispute Resolution Task Force issued its Final Report and Recommendations for improvements to the administration of its forum and its ADR processes.
The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category among all classifications.
(10/14/16)Jan Frankel Schau
During the week between Rosh Hashanah and Yom Kippur, the Jewish people declare that “The Book of Life” is still open.
This blog synthesises some remarks I have made recently to policy-makers in Scotland.
When friction enters a working relationship, sometimes the best path through isn’t to talk it out. Sometimes the best path through is an indirect one — ask for a favor. Here’s how the Ben Franklin Effect works.
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.
How can they possibly support ____ for president?!
It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.
On Sunday voters in Colombia surprisingly rejected a peace agreement that took the parties years to negotiate. The agreement would have ended more than 50 years of a civil war that has pitted the government against the rebel FARC army.
"Talk To Me" is the NYPD's Suicide Prevention & Mental Illness Awareness Campaign. Social media is being used to share crisis communication skills, dispel myths, connect people with services, and more.
The Government has announced £4.4m funding for 10 innovative schemes to tackle bullying in schools.
(10/03/16)F. Peter Phillips
In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision.
Online Dispute Resolution (ODR), the practice of resolving disputes via the Internet or digital applications, has been developing since the mid-1990s. As the field has grown and gained traction, it has increasingly received attention from professional associations and industry leaders in the world of alternative dispute resolution (ADR) More recently, it has begun to receive recognition from sources outside of this field – in both the public and private sectors.
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.
For those who still think that litigation must always be conducted in an adversarial manner--that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution--consider that the courts are telling you otherwise.
(10/03/16)Jan Frankel Schau
Most people know that when you approach mediation, you typically bring a different tone of voice and even a different vocabulary from the rest of litigation.
Recently (as part of a book club), I read The Psychology of Conflict by Raul Randolph (Bloomsbury Publishing PLC, London 2016) who is a barrister and mediator. His approach is to use existentialism as the vehicle through which to discuss the psychological aspects of mediation.
Nobody likes to be told they are biased – usually. Most of us would like to think that we are fair and open-minded, willing to explore the unknown – to a degree, accepting of other people’s differences. At least that’s what I used to think.
(9/23/16)Jan Frankel Schau
It seems to me that if the mediator can symbolically suggest that within 30 days, the individual would have $XXXXX in their bank account to do with whatever they wish, including merely keeping it in there as a “safety” precaution if times get rough, we might go a long way towards boosting their happiness quotient.
The mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies.
(9/16/16)Elly van Laar
You owe it to yourself to move to a place of compassion and empathy.
It seems that there are a lot of stories about questionable apologies in the news lately. I don’t intend to discuss all of them, but here are a few more thoughts about some of them.
The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory Coast opponent in the last second of the bout, giving the latter his country’s first ever Olympic gold medal.
(9/16/16)F. Peter Phillips
A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.
During conflict, focusing mostly on anger’s behavior instead of on anger’s real message is like burying the lede in a news story.
Researchers discovered that when the LSU Tigers unexpectedly lose a football game, the juvenile judges take their anger/frustration at the loss out on the juveniles before them by imposing longer sentences.
Our game face, or our poker face, is the face we put on for the outside world that masks what is happening for us internally.
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Think about the last time that someone asked us how things were going? We probably responded with, “pretty good, you know…keeping pretty busy!”