"Mediate.com has consistently been a leader in online support of
dispute resolution practice and education. They were the first
organization to embrace the need for an information database to
support the growing field of health care dispute resolution and
created a health care section to provide a focus for those
interested in this specialty."
Ruling in a closely watched case, the California Supreme Court made clear Monday that consumers trying to escape arbitration agreements must do more than show the contract favored the other side. A six-justice majority reversed the Second District Court of Appeal, which ruled in 2011 that an arbitration agreement in a sales contract for a used Mercedes-Benz could not be enforced because it favored the car dealer. However, the court stopped short of adopting a new, possibly more rigorous, standard for proving unconscionability. Writing for the majority in Sanchez v. Valencia Holding, Justice Goodwin Liu said not all one-sided contract provisions can be struck down. read
RAMSEY - The borough is moving into mediation to seek to resolve a dispute with a Pennsylvania swimming pool contractor, which is claiming the borough owes it $40,500 for work done on the municipal pool. The $2 million in renovations were supposed to be done by May 2, 2014, but because of construction delays the pool didn't open until mid-June last year. The borough says it is withholding the $40,500 for late fees stipulated in the contract. read
A global design, engineering, and consultancy firm has released a report stating disputes relating to major construction projects in North America decreased in value while the length of time to resolve conflict increased significantly last year. read
While mediation-arbitration in the family law context is a fairly recent phenomenon, there’s been a growing controversy around its use. The thrust of the concern is that mediators, who are privy to a lot of sensitive information during the settlement phase of proceedings, should not later become arbitrators of the same case. read
A generation ago, mediation of construction disputes was unusual. Today, it is rare that a construction claim goes to trial without some effort at mediation first. Indeed, a substantial percentage of construction contracts require mediation as a precondition to filing suit or demanded arbitration. Still, as pervasive as mediation has become, misperceptions about mediation persist among the contractor population generally. What does a mediator decide? Who controls the proceedings? Is there such a thing as binding mediation? How confidential is confidential during and after a mediation? read
Leonardo DiCaprio may be living it up in the South of France, but his time overseas hasn't been only about partying with friends and yachting with his girlfriend, Kelly Rohrbach. On July 22, he hosted his annual Leonardo DiCaprio Foundation Gala, which raised $40 million for environmental preservation and protection. But before that, he was honored by Prince Albert II of Monaco. The royal presented Leo with the Prince Albert I Medal For Mediation, which is given each year by Prince Albert of Monaco's Oceanographic Institute Foundation to "honor those who through their passion and courage, help to know, to love and protect the oceans." read
Mediation could settle a $15.69 million lawsuit against the Tulsa Airports Improvement Trust by the Bank of Oklahoma. The suit arises from a loan made in 2000 as part of an ill-fated city effort to have a Tulsa-based airline. read
It’s a war of words among Amherst-Pelham Regional School Committee members, who will meet Monday about two deliberation-based complaints. The first is a dispute about whether an email sent to the entire board from member Katherine Appy constituted deliberation, thereby violating the state’s Open Meeting Law. The second is what sparked the email — Appy’s assertion that committee Chairman Trevor Baptiste planned to participate in mediation with the Amherst NAACP without discussion and approval from the full committee. read
Dealing With Defensiveness In High Conflict People (7/14/15) 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.
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’.
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.
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.
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.
"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...
When Mediators Turn a Blind Eye to Bullying (9/18/06) Barb Hastings Bullying isn't allowed in or around school anymore. Yet it is common practice in the legal profession. What is surprising to me is that mediators seem to turn a blind eye to it. They accept it as a part of the process.
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?
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.
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