Featured Blog Posts
Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.
We tend to approach conflict situations as 'win/ lose'.
(3/17/17)F. Peter Phillips
The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy.
Often in negotiating, a party may make a monetary demand without providing any reasoning behind it.
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
Mediation is successful more than 75% of the time, minimising costs in terms of time delays, frustration, and emotional impact on parties and their families.
David Weiss, the Director of the Institute for Dispute Resolution (IDR) at New Jersey City University. , is interviewed by Laura A. Kaster, President of the Justice Marie L. Garibaldi New Jersey Alternative Dispute Resolution Inn of Court.
"Between the Fact and Non-Fact is the Conflict," this statement is so blatantly simple that one wonders why we have not been able to dwell on this and recognize that this pulsating split second wonder can have appalling or astounding consequences.
If poorly worded, an apology can only exacerbate the situation rather than ease the hurt and pain caused by the initial faux pas.
Following are some tips to help even the most experienced counsel take advantage of one of arbitration’s best benefit: flexibility.
This article is about the divorce mediation process, including specific recommendations for New Jersey.
Those people [who share your political perspective] are vile and despicable and should be ashamed of themselves!
I think that one of our main missions in the DR field is to promote constructive engagement in conflict
As mediation and other settlement-oriented intervention strategies have come into broader use in commercial dispute resolution, different views have emerged regarding the nature and purpose of some of these processes as a result of both individual choice and cultural or systemic factors.
How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement?
My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.
I am a professional mediator – and a passionate devotee of its virtues. Mediation, however, can take many forms, depending on the individual needs of a particular dispute or its parties.
When someone is emotionally swamped by anger, it can be helpful to redirect them temporarily away from their feelings and engage their cognitive capacities.
The desire to be right is deeply seductive and understandable, but it can cause a lot of problems at work
After this political year, we ask: why will the publis only accept facts which support their current beliefs?
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
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It is my observation that the bully approach is not effective in mediation, although it may be in court.