Featured Blog Posts
The moment Erin walked through the doors of her workplace, she made a beeline towards her office. She greeted a few people, even exchanged a few “how’s it going?” pleasantries.
The inmates of Darwin’s Berrimah Prison are shown in a new light in Australia’s first documentary musical. The inmates share their feelings, faults and experiences in the most extraordinary way – through song.
It’s hard to listen deeply from inside an argument.
(2/17/17)Michael A. Zeytoonian
I recently read a Daily Good story about Navajo Indian peacemaking, a seven-step process focused on restoring relationships, a notion the Navajo refer to as “K’e”.
(2/10/17)Michael Dwyer, Susan Hansen
This article discusses the new Wisconsin Rule Petition 16-04 that expanded the role of lawyer mediators in family law cases.
(2/10/17)Jim W Hildreth
I'm going to share a little secret, Akexa does meditations and affirmations--and maybe more?
The next time someone declines to take responsibility for words or actions that had a bad impact, don’t immediately assume it’s a flaw in their character.
On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.
Child protection cases involve a child who has been removed from their home following a substantiated claim of abuse or neglect.
While the exception to mediation confidentiality has a long way to go before it becomes law in California, I sense that the initial work of the CLRC is just about concluded.
“If you can’t say no, your yes is hollow.”
Direct engagement with a wide range of stakeholders, using the tools of Environmental and Social Impact Assessment, is required.
A member of the Hawaii State House of Representatives has reportedly introduced a bill that would require mediation for certain real estate transactions occurring in the state.
Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.
(2/03/17)Jan Frankel Schau
It is my observation that the bully approach is not effective in mediation, although it may be in court.
The current linguistic environment is instructive, scary, and actually great fun.
Not all disagreements require long talks to resolve them sufficiently.
The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute.
Although the criminal justice system is far from perfect and is sometimes forbidding and difficult to navigate for survivors of sexual violence, its reliability and independence does offer some advantages that could and perhaps should be assumed in on-campus proceedings.
This blog is an invitation not only to the students taking on the roles of client and counsel at the ICC competition, but also to the judges and mediators, to be aware of the unstated, and often unobserved and unrecognised differences between the parties that, despite the common ground of language and process, may well shape the parties’ perception of mediation, commercial relationships, the nature of purpose of mediation, and the design of acceptable outcomes.
In their book, "Designing Your Life," authors Burnett and Evans talk about "gravity problems," things like gravity that you cannot change no matter how hard you try.
Rather than trying to micromanage and control when I got to use the weight machines or a bench, I wanted serenity and harmony instead of getting my way at others’ expense.
(1/20/17)F. Peter Phillips
As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.
New research is challenging the notion that thinking, problem solving, and decision making take place strictly in the head. And finally giving me some credibility when placing interactive toys in the middle of my mediation table.
Parties in conflict may face a choice among various modes of conflict resolution--litigation, arbitration, mediation, or some other formal or informal process.
(1/20/17)John Lande, Daniel Dilor, Raul Pereira de Souza Fleury
Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.
What is Negotiation? Actually, it is surprisingly difficult.
There’s a difference between being justified in your response and the response being a good choice.
If a person is in crisis, the odds are they feel like something important is missing- control.
(1/13/17)Jan Frankel Schau
We are living in interesting times here in America. It is the first time in my lifetime that I can recall a conscious effort to keep my politics and views on issues of ethics and morality to myself–rather than risk making enemies of those whom I trusted to be friends.
President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries.
This article discusses a New Year's Resolution for bettering relationship and communication.
In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration.
(1/06/17)Jan Frankel Schau
Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.
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This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them.