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Humor and laughter can be a valuable tool for defusing the tension brought on by conflict.
As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!”
In this blog, I’ll offer three observations about technology and one about a very non-technological aspect of mediation from the Global Pound Conference.
(3/29/16)F. Peter Phillips
A recent decision of the Supreme Court of Nevada addresses the question whether a party’s ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.
This video produced by CMP Resolutions quickly describes a sample grievance process.
(3/29/16)Michael A. Zeytoonian
“I want my day in court.” “I was wronged and something’s got to be done about it. We need to fix this.”
One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court.
Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common.
A key tenet of Communications 101 is that every communication has two messages: task and relationship.
It is common nowadays for people to get labeled HCPs and difficult people. This article briefly examines the attributes of so-called difficult people and compares them to how people normally behave and feel are when they are in conflict.
The famed orator Edward Everett was chosen to speak, to be followed by brief remarks by President Lincoln. History remembers only the Gettysburg Lincoln’s address and rarely makes mention of Everett’s oration.
When an organization is looking for someone to help them with persistent conflict or antagonistic patterns of interaction between people at work, the need for love isn’t likely to come first to mind.
The stress of conflict has ramifications we’re only just beginning to understand: We can apparently “catch” someone else’s stress physiologically.
It seems there might be some confusion about the differences between discussion and dialogue, and between mediation and facilitation, so let’s try to clarify the different goals of each process, because they each require different skills and tactics.
In Broadway, the play Hamilton echoes the familiar goal of being part of the action-- the same theme we see parties deal with in ADR: who gets a say in the matter when there are lots of parties involved and/or many different interests at stake? In other words, who gets to be in the room where it happens?
In many communities around the country there are community mediation centers supported by volunteer mediators. Community Boards of San Francisco is the oldest community mediation center in the country, started in 1976.
My university has implemented an Emergency Preparedness Teaching and Learning [EPTL] initiative, as part of the planning for any recurrence of events (SARS, bird flu, etc) that might require the university to be closed for any length of time. This puts a plan in place to negotiate and communicate digitally--and it has been successful.
The Privy Council, the final Court of Appeal for a considerable number of current and former Commonwealth countries and British Overseas Territories, has recently given a judgment of wide interest to arbitration practitioners and those looking to draft arbitration clauses in their agreements.
(3/04/16)Michael P. Carbone
During most of the 22 years that I have been mediating, I did not require counsel for the parties to participate in a pre-mediation conference call. I have rethought that.
This article addresses the question of how a mediator can bring disputing parties to the table when only one has expressed interest in mediation.
(3/04/16)Stephanie West Allen
You may listen to an exceptional and educational interview about the adverse effects of the billable hour on your brain, your life, your clients.
You want to feel heard in a conflict. I believe it is also important that you have your feelings acknowledged when disputing with another.
Once again, the Ninth Circuit has sidestepped discussing the contours of mediation confidentiality in federal lawsuits based on diversity jurisdiction.
This article describes the benefits I see from taking Collaborative training.
Decision-making, problem-solving and resolution of conflicts ultimately means reaching a certain set of goals. Unless the goals are perceived and the way cleared for focusing on the goals, escalation of a conflict cannot be deterred.
A common misconception is that alimony will automatically end when the person paying the alimony retires. Unless the settlement agreement specifically provides for alimony termination upon retirement, recent cases in hold that alimony will continue, although perhaps at a reduced amount.
Last week I wrote about how words can become redefined, or new words developed to address new situations or the need for new terms. The example I used was “otherize,” the act of defining someone as not a member of our own group and therefore, open to suspicion and perhaps to unjust treatment.
White mediators tend to believe that as mediators they are impartial and empathetic, and that they are delivering a process that is balanced and empowering. So naturally, they believe their management of issues of race in a mediation is going to be fair and appropriate.
It’s tempting to feel triumphant when we successfully back our nemesis into a figurative corner. But it’s ill-advised triumph.
Following are two interesting and recent federal court rulings related to arbitration.
Most people accept that life can be busy and difficult, and much of the time people cope with stress at work or with stress in their private lives. But there are very few who can cope with both at the same time – and the signs will be there if you look for them.
One of the big issues that creates conflict at work and interferes with harmonious relationships, is many people’s inability to acknowledge their own mistakes.
Memory doesn’t exist to help us perfectly recall things in our lives. It’s there to help us survive. And to do its job properly, memory must evolve.
How do you tell someone (not) to do something when you have no authority over that person? This is a case where your powers of persuasion will be tested. Here’s the plan we developed.
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The standoff in Oregon has concluded on Thursday after lasting for more than a month. The following article provides a great recap of the final moments and sheds some insight into the "surrender ritual"- the concluding moments of a a crisis/hostage incident.