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The rapid growth of commercial arbitration has not been without drawbacks. As counsel have become more sophisticated in dispute process design, arbitrations now often incorporate many elements of a court trial. The inevitable consequence of these changes has been increased expense and delay. To preserve the benefits of arbitration, it is necessary to address this issue from several perspectives, starting with the arbitration clause. A thoughtful process usually should include a negotiation or mediation step, reasonable limits on the scope of discovery, overall time limits on the arbitration, and the designation of one rather than three arbitrators whenever possible. read
Where there are people, there is conflict, and your office is no different. It doesn’t matter if there are just two employees or two hundred, there are going to be fights; there is going to be drama. Unfortunately, that makes life difficult for many of us. I don’t like drama. I’d rather just avoid getting involved and let it play out. But when you run a business, you can’t think that way. Too much office drama can make your business grind to a halt, and it’s up to you to help resolve sticky situations. read
Did you make it through the festival season unscathed? Many artists find themselves self-producing in the summer and having to embark on sensitive relationships with directors and others. This unique workshop will offer techniques for communicating effectively and productively as you embark on sensitive artistic relationships, now and in the future, as well as offer guidance and clues about finding colleagues who will work collaboratively. read
Late Saturday, the Atlanta Symphony Orchestra sent out a press release saying that the ASA management and its musicians had agreed to mediation to try to find consensus on a contract. The ASO management and the Atlanta Symphony Orchestra Players’ Association (ASOPA) agreed to restart collective bargaining agreement discussions using a federal mediator. The mediator is Allison Beck, deputy director of the Federal Mediation and Conciliation Service. She served as the mediator during the Metropolitan Opera Musicians’ labor dispute in August. read
I'm fighting with my neighbor. It's gotten to the point where I want to sue her for leaving her garbage laying around and letting her dogs bark all day and night. Don't I have a right to a quiet, peaceful home? But my board wants me to try mediation. What is that? Is it worth it? read
An arbitration clause in a consumer contract is not enforceable unless it clearly indicates that the plaintiff is giving up the right to go to court, a unanimous New Jersey Supreme Court ruled Sept. 23. Arbitration is favored under both federal and state law but that favored status “does not mean that every arbitration clause, however phrased, will be enforceable,” Justice Barry Albin wrote in Atalese v. U.S. Legal Services Group. “By its very nature, arbitration involves a waiver of a party’s right to have her claims and defenses litigated in court,” Albin acknowledged. “But an average member of the public may not know—without some explanatory comment—that arbitration is a substitute for the right to have one’s claim adjudicated in a court of law.” read
What was supposed to have revived the Israeli-Palestinian peace talks – allowing negotiations to develop organically – instead helped kill them, Martin Indyk, until recently the top U.S. peace broker, told JTA in a candid and wide-ranging interview. Speaking by phone Sept. 19 while in transit to his native Australia for the High Holidays, Indyk described the collapse of the talks in April and the opportunities that have emerged from the war that ensued. He also opened up about his own return to the think tank world, where he faces accusations that foreign donors – particularly Qatar, which funds Hamas and other extremist groups – exert undue pressure on domestic policy discussions. read
A team of family law barristers will today overturn centuries of legal tradition by being first to offer the public a fixed fee divorce service designed to keep their clients out of court. The team of barristers from Middlesbrough are dispensing with the wig and gown to help warring couples reach out of court settlements over child arrangements and family finances. The decision to encroach on the traditional turf of high street solicitors is the unintended consequence of the government’s swingeing cuts to the family justice system. Following the withdrawal of legal aid for most family law matters, solicitors are instructing fewer and fewer barristers to represent publicly funded clients at court. As well as being responsible for the ballooning number of parents now representing themselves at court, it is threatening barristers with financial ruin. read
In their information about the process of divorce, the California Courts recommend that all couples consider mediation. “It is unsurprising that the California Judicial Branch officially recommends divorce mediation,” said Gerald Maggio, a California divorce attorney and mediator. “Right now, California family court judges are dealing with an enormous backlog of cases. And many are divorce cases that wind up up simply as a division of debts because the couple has spent all of their assets on divorce attorneys.” In their discussion of mediation, the California Courts place the most emphasis on the benefits that mediation passes on to children. read
Conflict Resolution Day is October 16, 2014 (10/01/14) Donald Lloyd ACR's original intention was for Conflict Resolution Day to be promoted by community centers around the country. The belief is that if the public has a better understanding and awareness of mediation, they will be more likely to hire a mediator. And the more mediators that are hired, the better for all of us!
What Happens on the Bus, Shouldn’t Stay on the Bus! (9/02/14) Patricia Porter With the start of 2014-2015 school year in full swing, children across the country will be boarding the school bus to arrive before the morning bell sounds. According to the National Highway Safety Administration, school buses are the safest mode of transportation for getting children back and forth to school. But how safe is a child from the other children inside of the bus? School bus bullying is becoming a growing concern among parents, school administrations, and bus drivers. According to the U.S. Department of Education 10 percent of school bullying occurs on the school bus. Stopbullying.gov defines bullying as “unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time.
The Paradox of Creativity with Compassion in Mediation (5/10/14) Evan Ash Turn the other cheek, give more than is required, respond to the need of another person, all these when you may be faced with pain and loss. Do crazy things like love your enemy, pray for them? The great mystery is the power that comes from the paradoxes of life.
Behind Bars and Behind the Gun (11/04/13) Ken Johnson Behind bars and behind the gun: Answers for America's juvenile justice problem and catabolic ommunity-based conflicts. With a rise of deaths, abuse cases, and other atrocities in the Juvenile Justice System there has been questioning as to whether the present paradigm of understanding is the most appropriate solution available for handling issues of wrong behavior by adolescents. Ultimately, the author urges communities to become more involved in the justice system to urge Collaborative Justice-based solutions in juvenile justice issues.
Individual Admiration for Dominant Groups (7/08/13) Nick Redding Does our admiration for powerful and dominant groups maintain the social hierarchy? This is the question explored in a recent a study. The stud authors describe previous research suggesting that emotions play a key role in the maintenance of relationships between groups, and more specifically, that emotions such as anger and admiration influence whether groups will challenge dominant groups within the social order.
Poor Behavior 12: Lack of Openness or Honesty (5/21/12) Vivian Scott When people don’t know what’s happening they often get a movie going in their head that helps them explain the situation. The film versions they conjure up are rarely romantic comedies; rather, most resemble horror movies with terrible endings. A lack of honesty or openness at work can put everyone’s mental movie-making skills to the test.
On Beating Bullies (5/14/12) Michael Jacobs Tackling bullying may involve a counter-intuitive approach. While naming and shaming may leave us feeling morally superior, it might also produce ever more subtle forms of bullying. This article argues that we need to encourage those of us who feel like kicking butts to ‘come in from the cold’. 3 Comments
Suing Over an Online Review (1/30/12) Colin Rule ‘A Dallas law firm has filed a lawsuit seeking to learn the identity of a commenter calling himself “Ben” who posted a bad online review.
The Lenahan Law Firm claims defamation and seeks $50,000 in damages, Texas Lawyer reports. Partner Wes Black says the suit will allow the law firm to subpoena Google to learn the commenter’s identity.
Dismantling Systems of Bullying (11/28/11) Peter T. Coleman Bullying is a public health problem that affects 20% to 30% of students on a daily basis and is associated with depression, suicidal thoughts, substance abuse and a decreased sense of empathy for others. It is also a common problem in other adult workplaces.
Bullying Can Cause Lasting Injury But There Is Hope (12/13/10) Lorraine Segal According to a recent article in the Boston Globe, brain scans of teens who have been repeatedly bullied revealed the same changes as those who have been physically or sexually abused. In some individuals, the negative changes persisted years later.
Dealing With Defensiveness In High Conflict People (11/22/10) Bill Eddy When most people think of high conflict people (HCPs), they think of bad behavior. The goal seems to be to get them to STOP their bad behavior, by verbally motivating them to have insights into how bad they are acting. However, the high conflict behavior of HCPs is not driven by logic and self-awareness. If you don’t understand this and don’t accept this, you will waste your time arguing for insights and miss your opportunities to calm them down and set real limits on their behavior. 35 Comments
Mishandling Bullying And Harassment Will Hijack The Diversity And Inclusion Agenda (9/13/10) John Crawley A crisis is brewing as two reports predict a potential surge in bullying and harassment grievances at work, and a lack of confidence in the ability of management (particularly in the public sector) to handle bullying and harassment, conflict and relationship issues. Bad practice on bullying and harassment and relationship issues will undermine employees’ and customers’ confidence in diversity and inclusion initiatives. The cost of mishandling these will also divert time and money away from building relationships and engagement through diverse workforces.
Bullying Responses (8/23/10) Jeff Thompson A new book by an Australian expert on bullying in schools has set out six methods used by teachers to tackle this scourge of the playground.
What Is A Bully? (8/09/10) Alan Sharland How a commonly used word is often not explored to clarify what is meant when someone uses it - and how that lack of clarity can lead to powerlessness. 5 Comments
Is It Time To Stop ‘Bullying’? (7/12/10) Tim Kingsbury I’ve been thinking for a while that the term ‘bullying’ may be becoming less and less useful. We all know it goes on around us, we all know people who have been damaged by it, and the scale of workplace bullying is worrying. To give just one indication of scale, at a recent conference Gill Dix of ACAS said that the ACAS Helpline receives 74,000 calls annually about bullying and harassment.
Yes, No or I'll Think About It (11/24/08) Bill Eddy Whether in a divorce, a workplace dispute, or a conflict with a neighbor, it’s easy to get caught up in defending our own behavior and point of view. This is especially true when we are dealing with a high conflict person.
Bullies At Work (10/14/08) Bill Eddy Workplace bullying is a growing international problem. It is more than a one-time incident. It is a pattern of behavior between a bully and another worker which can demoralize, isolate and trigger illness in the target of the bully. 38 Comments
"B" is for Bully Update: Mom Indicted for MySpace Bullying Leading to Teen's Suicide (5/19/08) Victoria Pynchon I've blogged several times about bullying, both here and over at the IP ADR Blog. We learned from Forbes.com today that federal prosecutors are seeking an indictment against the mom we wrote about here for her alleged role in an online hoax that caused a 13-year old girl to commit suicide. Here's the link with an excerpt below: Indictment sought in MySpace cyberbullying case.LOS ANGELES - Federal prosecutors are seeking an indictment against a Missouri mother for her...
"B" is for Bully: The ABC's of Conflict Resolution (5/05/08) Victoria Pynchon Here’s another familiar character. This is the kid who shook you down for your lunch money on the elementary school playground. The one who taunted you in gym whenever you failed to pass the basketball to the only guy able to sink it. The swaggering bad boy who threw the “dodge” ball in your face and then fell down laughing. But don't be fooled by ribbons and curls. Boys aren't the only bullies in town. There’s no bully quite so deadly as the high school ...
Workplace violence blog committed to making employees safer (2/11/08) Diane J. Levin PART27.com, a web site dedicated to providing resources that help organizations, companies, and agencies create safer workplaces, also publishes Workplace Violence, a blog that delivers news and links to resources for employers and others seeking ways to address and prevent violence at work.
Among the stories covered recently are:
“Bullying bad for business“
“Bullied at work: practice costs productivity, health” and
New European report highlights emerging...
The Mediator as Moralist Bully (4/30/05) Robert Benjamin As a presenter, I’d always wondered when I would be found out—maybe this audience would discover that I was living a lie: when I was a child I had been a bully. That’s not all. There are times I could qualify for being ‘abusive,’ certainly ‘passive-aggressive,’ and even that new descriptor that effortlessly rolls off the tongues of so many of my colleagues, the “Narcissistic Personal Disorder.” That fit me too. Would they see it? 6 Comments
Workplace Violence: Paranoid or Prepared? (3/08/02) Kimberly Larsen Workplace Violence costs American employers not only in dollars and cents, but also in a significant loss in productivity. It is estimated that American businesses lose approximately 36 billion dollars per year as a result of workplace violence. This figure includes monetary costs from lost productivity, legal fees, settlement costs and jury verdicts. Out-of-court settlements for lawsuits arising out of workplace violence average $500,000, with jury verdicts averaging about $3 million.
Decreasing Violence Through Conflict Resolution Education In Schools (2/15/01) Jeanne Asherman In an effort to address the fear of parents, “Zero Tolerance
Policies” are being applied in schools in such a way as to penalize minor conflicts. Research has consistently shown conflict resolution training to be a far more effective means of decreasing violence. This
article concludes that schools can not avoid being involved in teaching
children methods of conflict resolution and have a responsibility to
consciously insure that appropriate methods are being taught. 7 Comments
Talking With Kids About Violence (2/13/01) Talking with Kids Research shows that children, especially those between the ages
of 8 and 12, want their parents to talk with them about today's
toughest issues, including violence. Even when they reach adolescence,
they want to have a caring adult in their lives to talk about
these issues. 1 Comment