Featured Blog Posts
You may have heard about the lawsuit that Gretchen Carlson filed against Roger Ailes.
Every attorney who works as a litigator knows that litigation is a stressful and often frustrating exercise.
In some circles, name-calling is considered to be counterproductive in a mediation session.
Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees.
For decades, non-verbal communication has been lauded as an important part of establishing connection and understanding with others. Now a new study suggests non-verbals aren’t as key as we think.
So one measure of assessment in a grievance or disciplinary investigation is whether the behaviour fell below the standards of the ‘ordinary reasonable person’ in the same situation – the famous ‘man on the Clapham Omnibus’.
As a former member of the IRA, and one who admits to violence, Sean O'Callaghan has clearer insights into this concept than a lot of commentators and psychologists who have not gone through this process and, more importantly, rejected it. His comments, made after the violence in France, are equally applicable to Orlando.
(6/27/16)F. Peter Phillips
David Hoffman‘s capacity to lead by inspiration is unparalleled. When you attend a program or lecture by David, you feel as if he’s talking to you over a table, sharing stuff that matters to him in the hope that it will matter to you, too.
Behind closed doors, in more than 500 locations across England and Wales, a network of National Family Mediation (NFM) services are meeting separated couples attempting to resolve their disputes over money, children and property – without a courtroom battle.
How to deal with difficult people? It’s one of the most frequent questions I’m asked.
I taught an online negotiation course for the first time this spring.
Brexit: should Britain remain within the European Union or leave? The proponents on both sides have been quite strong in their respective positions accusing each other of exaggeration, if not misrepresentation.
“Hey Mick, what are you doing hammering on that boulder?” To which Michelangelo responded, “There’s an angel inside and I’m trying to let it out!”
On June 1, 2016, the California Law Revision Commission (CLRC) held its meeting in Sacramento and, as in the past, took up mediation confidentiality as the last item on its agenda.
I’ve just returned from a week in Vientiane, the capital of the Lao People’s Democratic Republic, and that week away gives me both a [slight] excuse for a late blog entry and a couple of reflections on the outsider/observer role of both mediator and tourist.
The breakup of a marriage almost always involves some level of conflict between spouses, but the process of litigation during divorce ratchets that conflict up to a level of devastation for all members of the immediate and even extended family.
Even though it is vital to know conflict resolution skills yourself, it’s also vital to know when to call a third party for help.
I tried to figure out an answer for the client. Then went home and withdrew into myself.
(6/06/16)Ronald S. Kraybill
By adopting practices of interaction largely stripped of symbols and moments to engage Depth, we cut ourselves off from the most powerful source of energy for creativity, connection, and change available to us.
It seems lately everyone is trying to classify disputes. Well, never let it be said that I wasn't one for jumping on the bandwagon.
The C-suite, the Board, senior management – call it what you will, those at the top of an organisation are as prone to conflict as the rest of us. But even more than the staff base, senior management are reluctant to use mediation.
I’ve had repeated requests for the language I use to describe and define common conflict resolution terms like dispute, conflict, mediation, and facilitation. Here’s the language I use and a PDF download suitable for printing.
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.
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.
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Disabled people are significantly more likely to experience unfair treatment at work than non-disabled people.