Texas Supreme Court Compels Arbitration Of Employment Discrimination Claims
Victoria VanBuren 11/16/2009
The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the staffing agency and employer.

Mediating Employment Disputes
Steve Mehta 11/09/2009
Many employers are now agreeing to use mediation as a form of resolving disputes with employees. In fact, over the last 10 years, mediation has become the most popular form of alternative dispute resolution used both inside and outside of the court systems.

Negotiating Enforceable Employment Arbitration Agreements
Victoria Pynchon 11/02/2009
Even so luminary a firm as O'Melveny has been smacked down by the courts (here, the Ninth Circuit) when trying to enforce employee arbitration agreements. California lawyers would therefore be well-advised to read the opinion covered at the California Employment Law Report this week: Arbitration Agreement Upheld Despite Employee's Argument It Was Not Mutual And Adhesive.

Where Are All The Great Employment Mediators In New Jersey?
Kristina Haymes 01/08/2008
It seems to be a mystery. I know a couple. I don’t want to start our new year conversation off on a bad foot. Heck, I’m still aglow with the wonderful possibilities of a new year. But, I have to tell you, there may be a reason why so many mediators struggle to make it. Let me share some excerpts from recent conversations I’ve had. Attorney: Who are the good employment mediators in New Jersey? This attorney has been practicing employment and labor law for over twenty...

Workplace violence blog committed to making employees safer
Diane J. Levin 02/11/2008
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...

Jones V. Halliburton: Fifth Circuit Rules On Arbitration Of Tort Claims By An Employee
Victoria VanBuren 09/21/2009
The U.S. Court of Appeals for the Fifth Circuit held that claims for (1) assault and battery; (2) intentional infliction of emotional distress; (3) negligent hiring, retention and supervision of employees involved in a sexual assault; and (4) false imprisonment are not related to the plaintiff’s employment contract and refused to compel arbitration.

Negotiating With Employees And Colleagues In Tough Times
Joshua N. Weiss 08/03/2009
In this podcast, Josh answers a listener's negotiation challenge related to the dismissal of an employee.

Mediation Disguised In The Dispute Process For Public Works In Qatar
Chandana Jayalath 07/06/2009
Parties prefer a mechanism that does not call the employer as their ‘disputant’ may be because the employer is everybody’s paymaster or the potential source of future jobs. Parties also appreciate speedy, flexible and fair outcomes, rather than too formal procedures that are time and money consuming. Consequently, parties have realized the importance of solving their conflicts of opinion, both commercial and contractual, at the ‘employer’s level internally. This is where in-house settlement comes into play in the context of public works in Qatar.

Snarling, Screaming Or Sobbing At Work? You’re Not alone!
Lynne Eisaguirre 05/25/2009
Everyone’s upset at work theses days it seems. If you haven’t lost your job, your spouse has and you may fear you’ll be next. Even if you’re a secure manager, you may be tossing and turning at night over the next round of layoffs you have to implement.

Why Bullying Doesn't Work In Mediation
Nancy Hudgins 04/27/2009
Ever been bullied? How did you react? I’ve always reacted to bullying by digging in my heels. I don’t think I’m alone in this. Does this strategy sound like it will settle a case? I wonder, then, why so many lawyers resort to bullying in mediation?

Negotiating Unemployment: Hope for Laid Off Lawyers
Victoria Pynchon 02/16/2009
The last recession is vivid in my own mind because an AmLaw200 /1 law firm laid me off in the Spring of 1992 - a year after the recession's "official" end in March of 1991.

Cloaked Negotiation: Necessary Back-Channel, Under the Table and Surreptitious Strategies and Techniques to Make Deals Work
Robert Benjamin 01/19/2009
Cloaked and surreptitious negotiation strategies are commonly used but seldom openly discussed by conflict management practitioners. This, after all, is the shadow side of negotiation that goes against the grain of the more preferred. view of negotiation as a straightforward, ethically clean and rational enterprise, This article suggests the necessity and importance of those strategies in order to make deals work in the real world.

Why Mediation Often Works When Lawyers Haven’t Been Able To Settle
Richard Barron 12/14/2008
Too often attorney settlement discussions are merely a short exchange after depositions, vaguely inquiring about whether the other party is ready to throw in the towel. And when more serious settlement discussions are held, they’re often attempts by one lawyer to see if the other lawyer is willing to modify their “best case scenario” position with obligating the inquiring lawyer to any corresponding concession.

Why Mediate at All? Can't We Just Work It Out?
John DeGroote 11/24/2008
If you haven’t heard the old-school pitch, you will someday soon: “I remember when lawyers actually talked to each other. We don’t need to mediate this case; if it can be settled, you and I can work it out the way good lawyers used to.“

Book Review: Making MEDIATION Your Day Job: How to Market Your ADR Business Using Mediation Principles You Already Know
Colm Brannigan 10/31/2008
This short book is a gem. It is quite different from the other relatively recent books on marketing mediation and clearly demonstrates that you do not need hundreds of pages to provide your reader with a comprehensive overview of a topic which bedevils many in our profession.