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Empathy - Part 1 (7/31/15) Phyllis Pollack Empathy- it is an interesting word. Although containing only 7 letters, it is packed full of meaning. The Merriam-Webster dictionary defines “empathy” as “the feeling that you understand and share another person’s experiences and emotions: the ability to share someone else’s feelings.”
Openings (7/31/15) Joe Markowitz In a prior post, I suggested that in the absence of a thorough re-vamping of the rules of civil procedure, parties and practitioners should try to invent new ways to resolve disputes outside the court system, How exactly would that work?
Legal Informed Consent Includes Knowing Your Legal Process Options (7/30/15) Michael A. Zeytoonian "An educated consumer is our best consumer." That was the memorable tagline for Syms, a successful men’s clothing retail store in the New York area years ago. It struck a chord for many reasons. A business that wants its customers to be educated on its products or services reflects honesty, transparency and a shared desire for quality and value. It respects and compliments the customers. It implies that the business wants its customers to be intelligent, do their homework, research and due diligence before coming into the store or office and doing business together.
Seeing the World Through Others’ Eyes (7/30/15) John Lande In our conversations, I have talked about the value of trying to see the world through others’ eyes. There are several reasons why I have found it valuable including moral, practical, and even mental health reasons – it helps me maintain whatever sanity I have left.
The Future of Mediation: Changing the Default of Fault (7/21/15) Richard Barbieri Will the future of mediation be, as Woody Allen remarked, “much like the present, only longer”? Given what we know about human nature, systems, and the resistance of each to change, that’s perhaps the safest prediction. But it’s also a less than hopeful prognosis, because mediation has much to offer the future, far more than it has achieved at present.
Counting the Cost of Conflict (7/21/15) Katherine Graham In our final week of watching Carol’s struggle with Mike and her team, we see the outcome which many organisations are all too familiar with, as the employer is now Counting the Costs.
Mediation Marathon (7/21/15) Phyllis Pollack I have mixed emotions. Why? Recently, I have conducted multiple mediations simultaneously in matters involving the same plaintiff’s counsel and defendant’s counsel. These are lemon law cases and so frequently the same plaintiff’s counsel will have multiple cases with the same defense counsel. The mediations are thus scheduled for a single day and only counsel are present.
“Bags of Trouble” (6/19/15) Jai Jayaraman I started getting interested in conflict resolution back in the late 90s. At the time I was a business analyst working on retail supply chain issues.
Consolidation and Conflict in the Health Care Industry (6/19/15) Viggo Boserup The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health care industry in the past 20 years. - See more at: http://jamsadrblog.com/#sthash.AQhZ4CpV.dpuf
Trade Negotiations (6/19/15) Joe Markowitz This article contains some thoughts based on my experience with negotiation and mediation in general that may be relevant to the ongoing Congressional fight over passage of fast track authority for the Trans-Pacific Partnership (TPP) trade agreement (which suffered a major setback in June, 2015).
Say it Ain't So, Marge and Homer! (6/12/15) Dave McDonald It was leaked recently that Marge and Homer Simpson are soon planning to separate. I guess the divorce rate in Springfield is comparable to the rest of the United States, and with Homer’s continued antics, how can you blame Marge?
Why We Have Different Experiences (6/12/15) Jason Dykstra How often does this happen to us? We experience the same action as another person and walk away from the action with a totally different perspective that happened. It happens at staff meetings, conversations with our bosses or employees, and even with our partners and kids.
Not All Mediation Educational Programs Are Worth the Time or Money (6/12/15) Zachary Ulrich Given the rapid expansion of the mediation field over the past several decades, an increasingly important question for young and aspiring mediators is whether it is worth the time and/or money to invest in what are, in many cases, quite extensive mediation and dispute resolution training programs that have popped up around the world.
Walk it Out to Work it Out (6/12/15) Tammy Lenski If you want to boost creative problem solving or get a fresh perspective, then get up from your conference room table and climb out of those comfy living room chairs. Walking is better.
Dissolution- Don’t let the Resolve Dissolve (6/06/15) Belinda Jokinen I was helping this couple, Jane and John of course, sort out the details of their divorce. The item that was the most difficult to “separate” was the china cabinet. They had invested time, and money, and both had an attachment to it. We were on our 3rd session and they had been able to remain in the same room every time. When we discussed the cabinet they got real snippy so it was time to visit with them separately.
Separated Parents and the Continuum of Conflict (6/06/15) Gary Direnfeld Not all parental separations are alike and not all parental separations spell disaster for their children. The social science research advises that the most salient factor in determining risk for poor developmental outcomes for children subject to parental divorce is the level of conflict between the parents.
A Maddening Nevada Supreme Court Case (6/06/15) Michael Moffitt Three days ago, the Nevada Supreme Court released an opinion in the case of Weddell v. Sharp et al. (Here). Although it has facts that would make ADR & Civ Pro professors fairly swoon, the opinion itself is maddening. Both the majority and the dissent.
The Little Things in Our Relationship Won’t Ruin Us (6/06/15) Vivian Scott A few months ago Yahoo Style published an item by Sloane Bradshaw that talked about how letting the little things go in her relationship ended her marriage. The headline caught my eye and, as I began to read, I expected to recognize small warning signs in my own relationship.
A Pregnant Pause: Using ADR to Resolve Pregnancy-Related Workplace Issues (6/06/15) Lorraine Brennan A recent case heard before the U.S. Supreme Court, Young v. UPS (issued March 25, 2015), caught the attention of many women and employers as well. In Young, the Court interpreted the Pregnancy Discrimination Act (PDA), in particular the second clause of that Act, which reads that employers must treat “women affected by pregnancy…the same for all employment-related purposes…as other persons not so affected but similar in their ability or inability to work.” - See more at: http://jamsadrblog.com/2015/06/02/a-pregnant-pause-using-adr-to-resolve-pregnancy-related-workplace-issues/#sthash.wJpiwrSY.dpuf
Intent…Action….Effect! (6/06/15) Jason Dykstra This is a repost of a blog from a few years ago that was recently brought to my attention. I received a message from a reader that asked if I could point them to the follow-up posts that I alluded to in this post. As I searched for the follow-ups I realized that I didn’t actually write any! So…in the coming weeks (this time) I’ll be posting more about this communication model and it’s awesomeness.
The 2016 Global Pound Conference Series (6/06/15) Jeff Thompson In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what might be the “greatest reform in the history of the country’s judicial system “. Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate in a series of unique thought leadership events around the globe under the auspices of a Global Pound Conference (“GPC”) series.
Mediating Early and Late (6/06/15) Bill Marsh It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued.
Seeking “Justice” (6/06/15) Phyllis Pollack Plaintiffs file lawsuits seeking “justice”. Defendants respond, stating they are seeking “justice” as well. Both come to mediation, seeking “justice”. When I am told this, that each side wants “justice”, I am not sure how to respond because I do not know exactly what that word means.
Presenting Your Presentation: A Few Words (6/05/15) Richard Barbieri The passing of William Zinsser leads me to offer some suggestions on writing well in a specific context: applying to present at a professional conference, or seeking to attract participants to a workshop, based on over forty years of both writing and reviewing proposals.
Competition to Cooperation (6/01/15) Phyllis Pollack When I started mediating cases, I never thought that I would have to be aware of or learn advanced mathematics. But a book that I recently finished has shown me otherwise.
In This Corner: The Antisocial Personality Disorder (It’s all about me!) Hostage-taker (6/01/15) Lynne Kinnucan A few years ago, police in New England cornered a young man, who, after a long hot pursuit from an aborted bank robbery in Vermont entered a residence in Massachusetts, and took a deputy sheriff and his children hostage in their home. This individual, who said he had to rob the bank because his parole agent was demanding he repay the car loan that he lost gambling, met his father for the first time when they were in the same state prison. During protracted negotiations, he rationalized his situation and blamed others for his troubles.
Workplace Systemic Issues: Do Your Leaders Really Want to Know? (6/01/15) Patricia Porter Like many conflict resolution or ADR professionals who start as a mediator, it doesn’t take long before a mediator doing workplace cases in one organization begins to wonder about the organization’s culture, communication, or leadership skills. “If only the organization had better practices, the mediation (or coaching or training or group facilitation) wouldn’t be needed”, many have thought.
Juries of Their Peers (6/01/15) Maria Simpson When I was in fourth grade, a few millennia ago, our teacher established a system so we could settle a lot of our own disputes. General mischief-maker, Walter, was elected judge, a decision that completely confounded our teacher, and the class was the jury.