Featured Blog Posts
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.
This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them.
Even with the inspiration of others, it’s understandable that we sometimes think the world’s problems are so big that we can do little to help.
Problems that arise in running a family business sometimes manifest themselves as legal claims.
Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false.
As you enter 2017, reflect and commit to being intentional on the small gifts you can provide to strengthen, honor and acknowledge those important relationships in your life. Here are some ideas to consider.
Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation extend to more than just familial problems.
This article discusses why revenge doesn’t solve workplace resentments.
This article examines why scouts and guides have better mental health in later life.
Different interactions can cause you to become interested in transactions that you previously were not interested in.
Marites Flor was held hostage in the Philippines alongside Canadians John Ridsdel and Robert Hall. She survived. They didn't. This is her story.
It is possible to survive a business break-up without conflict destroying you.
Does mediation do any good? Does it make the world a better place?
Want to break the advice-giving habit but aren’t sure what to do instead?
(12/18/16)F. Peter Phillips
On the front page of a New York Times there was an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 “sham” accounts were established.
This is a diagnosis for workplace mediators to include in their trainings.
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Internal conflict resolution systems save huge amounts of money for their organizations.