Featured Blog Posts
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.
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.
Here’s an account of the negotiations leading up to the international climate change agreement.
People accepting me gives me a great feeling of strength, which frees me up to be attentive and responsive to them, which enhances my sense of strength, which allows me to focus more on them, and so on.
The modern lawyer has a very different lexicon from her predecessors, and an entirely new array of tools for practicing law and managing the practice of law.
The bad news in Africa is that, while mobile devices are very common, only few people know what ODR means, and how it can help them resolve disputes quickly and inexpensively.
Actually, there’s no “just” about it. Listening is often the hardest thing to do, if you really want to do it right.
When we are conveying our feelings or attitudes and there is any incongruency between what is being said, the tone of the voice and the body language, we place the least importance on the words used.
If you have been reading my blogs, you know that I am interested in neuroscience and the notion as discussed by Daniel Kahneman in his book Thinking Fast and Slow that we have two systems of thought to get through our day.
If you’ve been told not to take conflict personally, you only have half the story. Before you can do that, you have to take conflict more personally.
I already knew what happened next. I was as wrong as wrong can be.
(12/11/15)Stephanie West Allen
When a person affirms his or her deepest values, the process of conflict resolution can be easier, and often quicker.
This article discusses a skill that mediators need to learn in order to be successful when listening to parties.
Resolving Disputes can be as simple as . . . keeping it simple! A common key to resolving conflicts is to find the initial trigger.
(12/04/15)Michael A. Zeytoonian
Most people have a primary care physician. But people and small businesses don’t often have a primary care lawyer.
“¿Es posible vivir de la mediación?”
La mediacion ha irrumpido en nuestras vidas de manera semi anarquica, muchos adherimos a su practica de una forma muy apasionada
I recently posted an item citing the IAALS’s work touting the benefits of the new amendments to the Federal Rules of Civil Procedure. For a counterpoint, here’s a draft article by SMU Professor Elizabeth G. Thornburg, Cognitive Bias, the ‘Band of Experts,’ and the Anti-Litigation Narrative.
The Maryland Administrative Office of the Courts has completed a significant study of mediation methods.* It measured the effects, in parenting disputes, of different techniques. The report strongly supports that methods consistent with the transformative approach are more effective than others at achieving lasting improvement in the situations mediated.
It is very important to provide information to parties in mediation so that they can be fully informed about their rights and what they are agreeing to. But there are better ways of doing this than to change the role of the mediator.
Behind closed doors, the workplace is changing for the better each day with mediation as it’s catalyst.
Terrorists holding 20 people hostage in the Bataclan concert hall spoke to police negotiators five times on a mobile phone before officers finally stormed their hideout and brought the siege to an end.
Click here for MORE ARTICLES
The issue of mandatory arbitration of employment and consumer disputes continues to be controversial.