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News Categories: ADA, Employment, Labor, System Design, Workplace

12/10: University of Oregon strike ends after 22-hour mediation session

The strike by 1,500 University of Oregon graduate teaching fellows ended this morning after a 22-hour mediation session. Union officials said the new contract provides the teaching assistants with fair wages and a hardship fund to provide paid medical and family leave. Access to the fund is "protected by language in the collectively bargained agreement, and can be grieved if an employee is denied reasonable access to the fund," according to a statement from the Graduate Teaching Fellows Federation. "I'm extremely proud of the graduate employees of GTFF," AFT-Oregon President David Rives said. "This contract is a monumental achievement for workers across all campuses." The union and supporters will hold a celebration rally at noon today at Matthew Knight Arena. The teaching assistants will return to work later today, union officials said. read


12/10: Pilots call for wider mediation in dispute with Lufthansa

Pilots at Lufthansa have called for mediation to cover all areas of their dispute with the German airline's management, not only the early retirement row that has resulted in 10 strikes this year. Lufthansa offered last week to enter mediation to resolve the long-running dispute over early retirement benefits, seeking to halt the pummeling it was taking from repeated industrial action. The company estimated this week that labour strikes this year have cost it close to 200 million euros ($247.5 million) in operating profit. read


11/10: Federal mediator: Tentative deal reached in Atlanta Symphony labor dispute

Allison Beck, acting director of the U.S. Federal Mediation and Conciliation Service, began mediating the Atlanta Symphony Orchestra labor dispute on Oct. 7. The Federal Mediation and Conciliation Service, which restarted stalled contract negotiations between Atlanta Symphony Orchestra management and musicians a month ago, released a statement late Friday afternoon announcing a tentative accord between the two sides. “The parties have been faced with complex issues and some very tough choices, which they were dedicated to resolving,” FMCS acting director Allison Beck said. “This tentative agreement will help ensure the continuing viability of one of the premier cultural institutions of the South.” read


10/24: Mediation system to help cabbies resolve disputes with companies

In Singapore, taxi drivers can now turn to a more structured system to help settle disputes with their taxi companies quickly and amicably. The Taxi Industry Mediation system is a collaboration between the Land Transport Authority (LTA), taxi companies and National Taxi Association (NTA). It was launched in July, and is on trial for six months. The National Taxi Association receives about 10 cases a week on a range of issues which drivers face with their taxi companies, insurance firms or between drivers themselves. A top complaint is drivers feeling they were unfairly terminated due to service lapses. read


10/07: Mediator to begin work on Atlanta Symphony impasse

Allison Beck won’t be walking into an unknown situation Tuesday when she relaunches negotiations between the Atlanta Symphony Orchestra and its locked-out musicians. Last summer, Beck, the acting director of the Federal Mediation and Conciliation Services, talked the New York Metropolitan Opera and its workers and musicians from a dozen unions back into the concert hall and helped save the season. But that was before a lockout took place. She will begin the difficult work of trying to rescue the ASO’s season after a monthlong lockout during which rancor and tension over pay, benefits and the size of the orchestra have swollen to an infected state. read


9/30: Defusing Office Drama

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


9/30: Atlanta Symphony Orchestra and its musicians agree to mediation

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


9/23: Law enforcement finds arbitration imperfect

The state’s grievance arbitration system was designed to protect public employees from discipline without just cause and violations of their employment contracts. Yet some arbitrator decisions reinstating police officers terminated for criminal activity or alleged criminal activity have called into question whether the arbitration system serves the interest of public trust in law enforcement. Some law enforcement leaders say they can’t depend on arbitrators to uphold discipline of peace officers who violate the law. read


9/16: What Is The EEOC's Mediation Program? Does "Everyone Benefit?"

We asked: What IS a National Universal Agreement to Mediate? And why might it be a good thing to know about? In this Part I we describe the mediation program. In Part II, we will ask whether it is a "win-win" program, as the EEOC says – given the less than favorable reviews of some who practice before the EEOC who claim that the EEOC attempts to "bully" employers. read


8/26: Report: 3.7 Million Use Legal Self-Help Centers

Despite the glut of newly-minted lawyers, millions of Americans end up representing themselves in court because they can’t afford to pay $150 to $300 an hour for an attorney. Many turn to court-based legal self-help centers intended to help pro-se litigants navigate the judicial system. Nearly 500 centers now operate since the first was launched in the 1990s, according to a new report out from the American Bar Association’s Standing Committee on the Delivery of Legal Services, which concluded they “are a vibrant and effective resource” for court users nationwide. read


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Workplace Mediation Articles



Jeanette Bicknell
Workplace Restoration Case Study (12/12/14)
Jeanette Bicknell
Relations between the account services team and the head of production (“Bob”) were at an all-time low. The “drama” was a distraction from business. The manager wanted people to be able to work together collaboratively as a team. She was tired of responding to complaints about Bob and wasn’t sure what to do. And she wanted a quick solution before key staff members left for vacation. So she turned to a mediator.

Jerry Barrett
The Future of Alternative Dispute Resolution (12/09/14)
Jerry Barrett
Given the creativity of ADR practitioners and scholars, the best of ADR will continue to grow and expand to new areas of practice, and unheard of new ADR practice will emerge.

Alicia Millán
Mobbing at Work - en Espanol (12/05/14)
Alicia Millán
Este artículo intenta abarcar tres aspectos diferenciados aunque esenciales para el reconocimiento y tratamiento de este modo de violencia que tanto el Informe sobre Seguridad en el Trabajo de la Organización Internacional del Trabajo (O.I.T.) como otras publicaciones especializadas en la materia y en Congresos y Eventos sobre el tema lo califican como “nueva plaga laboral del siglo XXI”.

Maria Simpson
Whose Job is the Conflict? (11/14/14)
Maria Simpson
I am a big proponent of taking responsibility for resolving a conflict that somehow includes or affects you, especially if you started the dispute, and this article offers skills for doing this.

Michael A. Zeytoonian
The Case for Dispute Resolution Clauses in Contracts (11/11/14)
Michael A. Zeytoonian
I am fortunate enough to have some great clients. They do their jobs well, they run their businesses and organizations well. Because they do things right, I have less “back end” (reactive) work from them because they don’t get many claims against them. That is partly because we work together on the “front end” (proactive) work of anticipating issues before they arise and preventively address them.

Nick Redding
Conflict Expression: Moving from the ‘What’ to the ‘How’ in Assessing Conflict in the Workplace (10/31/14)
Nick Redding
In both research and practice, conflicts at work are often categorized based on what they are about: conflicts over the actual work that is being done (i.e. task), disagreements over how team members should work together (i.e. process), or conflicts resulting from personal differences (i.e. relationship).

Jon Warner
Workplace Conflict – Putting It in Context (10/24/14)
Jon Warner
Many articles on workplace conflict miss out on a key subject area and one which is often best considered first – the context within which the conflict has arisen in the first place. In other words, we cannot consider a conflict situation in isolation from the circumstances in which it has occurred, and the key to its resolution may well lie as much in this contextual realm as it does in appreciating the conflict issue and the people involved in the dispute.

Jan Schau
The Trading Zone in Mediation of Employment Disputes (10/21/14)
Jan Schau
Sometimes I feel like I’m in the middle of a tug-of-war. This week I had the anomolous situation of having two nearly identical full day cases back to back. In the first, the Plaintiff started the demand at $1 million and Defense offered $30,000 (the equivalent to one year of salary). She was alleging age discrimination, though the Company had laid her off in a reduction in force and she was only 42. In the second, Plaintiff started the demand at $200,000.00.

Michael A. Zeytoonian
Lessons from Jerusalem, Part II: The trouble with false assumptions (10/21/14)
Michael A. Zeytoonian
I wanted to continue the theme from my last Blog post about the Sea of Galilee and the notion of “being a Galilee” a bit with this blog post. This article discusses what I learned over this trip and the trouble with false assumptions.

Katherine Graham
Bullying and Harassment – Evidence it Accounts for Sickness Absence (10/04/14)
Katherine Graham
For years, I’ve sought data on how much sickness absence is caused by workplace conflict. I know that conflict makes people go off sick with stress – but how could I prove this?

Phyllis Pollack
It Is All In The Attitude ! (10/04/14)
Phyllis Pollack
Once again, the New York Times has published an interesting article in its Sunday Review section on September 5, 2014 entitled "Liking Work Really Matters" by Paul A. O'Keefe. The thesis is that when we really enjoy what we are doing, we can do it for much longer than if we find it to be tedious. Our mental gas tank is nowhere as depleted when we are in the "in the zone" or in "flow": "During a flow state, people are fully absorbed and highly focused; they lose themselves in the activity." (Id.)4545

Jeanette Bicknell
Conflict in Start-ups (10/03/14)
Jeanette Bicknell
From one perspective, conflict in a start-up should not be different from conflict in any other similarly sized organization. And to be sure, some of the same factors that cause conflict in any organization – whether it is a family business or a partnership or a non-profit – can contribute to conflict in a start-up. Yet start-ups also have some unique challenges, and I’ve seen some rather bad advice targeted to them.

Maria Simpson
Great Workplaces (9/19/14)
Maria Simpson
Fortune magazine publishes an annual list of great places to work, and this year, as in many others, Goldman Sachs took first prize. Many people are surprised by that considering the hours and workload, but there are other elements to consider besides hours.

Susan Yates
What Did Labor Day Teach Us About ADR? (9/12/14)
Susan Yates
For a while in the evolution of the ADR field, when two neutrals met they would sometimes ask what the other’s “profession of origin” was. What they meant was, “what did you do before you were a mediator?” There were some unspoken questions packed in there, too. They wanted to know, are you a full-time neutral or are you really from some other profession and trying to break into this one?

Vivian Scott
Preventing Conflict in the Workplace by Taking Time for Yourself (9/05/14)
Vivian Scott
I just got back from a holiday with my significant other and as I get ready to take a long weekend with family, I’m thinking about how fortunate I am this year to be taking so much time off. I realize not everyone has the same opportunity, so I thought I’d share some ways in which one can take a vacation at work without actually taking time off.

Jeffrey Grubman
Employment Mediation Requires a Unique Touch (9/05/14)
Jeffrey Grubman
Although the fact patterns of employment cases vary considerably, there is always a common theme. The plaintiffs believe they have been mistreated by their employers, and the employers almost always deny the factual allegations.

Nick Redding
Do Unethical Leaders Foster Conflict Among Followers? (9/05/14)
Nick Redding
Recent events, such as the BP Gulf of Mexico oil spill, questionable accounting practices at Enron, and illegal hiring practices among Silicon Valley’s most prominent companies, are just a few among many examples of unethical organization leadership practices today.While the impact of unethical leadership practices on local communities is often times immeasurable, what is less well understood is the impact of this type of leadership inside the organization. Specifically, how does unethical leadership impact those individuals working under it?

Ken Johnson
The Good and Bad of Conflict (8/22/14)
Ken Johnson
As conflict professionals, we should strive to understand the subject of conflict in all its various forms. However, the large majority of the industry only desires to resolve conflict. Indeed, conflict can be beneficial (anabolic) or destructive (catabolic). Knowing the difference can give businesses and other organizations a catalystic edge to take them to the next level.

Alex Polsky
Developmental Negotiation: Preliminary Stage (8/01/14)
Alex Polsky
Developmental negotiation involves a plan and execution of the development of all five stages to maximize the likelihood of a beneficial outcome. The five stages are preliminary, preparation, information, negotiation and closing.

Geoff Sharp
Dynamos, Cruisers, and Losers (8/01/14)
Geoff Sharp
Before I left my law firm in the late 1990's David Maister, a Boston management guru of whom many of you will know, was the darling of every large service firm, especially in the law and accountancy fields.

He has long since retired but at his height he was good, very good – despite being a former Harvard Business School professor, he had a practical wisdom that could cut through the management gobbledygook I was struggling with at my firm’s monthly management meetings at the time.

Tom Stipanowich
ABA / Straus Institute Survey (7/18/14)
Tom Stipanowich
One of the three recent surveys undertaken by the Straus Institute in 2013 as part of the Theory-to-Practice Research Project was a survey of corporate counsel co-sponsored by the American Bar Association’s Section on Public Utilities, Communication and Transportation (PUCAT) ADR Committee.

Katherine Graham
Case Study: The Mediating Manager (7/18/14)
Katherine Graham
Sian is the Communications Manager for a UK charity and has recently appointed James, a designer whose job required frequent contact with production officer Helga, who had worked with Sian for over 3 years. Sian had a sinking feeling that things were not going too well between James and Helga, but Sian was busy and, optimistically, had put the tensions down to early teething troubles and hoped she could leave them to sort out their differences ‘as adults’.

Lorraine Segal
Effective Strategies for Managing Conflict at Work–webinar (7/07/14)
Lorraine Segal
Unresolved conflict can affect productivity and satisfaction at work. While it is human to have disagreements, effective communication skills can turn these into opportunities to deepen mutual understanding, solve problems creatively, and co-exist peacefully.

Mark Baril
Conflict Systems at Work in Startups (6/20/14)
Mark Baril
Behind most disputes is a system that perpetuates the problem. Uncovering the system will reveal why these negative conflict outcomes keep coming back, and, hopefully, how to fix them for good.

Maria Simpson
Winks, Nods, and Corporate Culture (6/13/14)
Maria Simpson
Have you ever walked out of a meeting with an agenda for future action that you knew no one would follow though on? Apparently they did just that at GM.

Mary Novak
Settlement Conferences and the Price of Contempt (6/06/14)
Mary Novak
In a settlement conference, what is the value of having someone present with full authority to settle? If one party lacks the authority, it can result in aggravation, wasted court fees, and lost time for trial preparation. American Family Insurance (AFI) recently learned this to their cost in a dog-bite case in Washoe County, Nevada. Because Judge Janet Berry did not believe the insurers had complied in good faith with her rules on authority to settle, she found the company in contempt and sanctioned them $50,000.

Jeff Thompson
Quick Tip: Hostage Negotiator's Tone of Voice (6/03/14)
Jeff Thompson
Crisis and hostage negotiator's are involved in situations that are tense, stressful, and anxiety-filled. In order to try to reduce the overwhelming emotions being experienced by the person they are trying to help, the negotiator's tone of voice is an important tool that can help move the conversation toward a peaceful resolution.

Joe Markowitz
Employment Disputes (5/23/14)
Joe Markowitz
Given the huge numbers of settlements, in contrast to adjudications, we should perhaps think of the DFEH not so much as a law enforcement agency, charged with putting teeth into statutory prohibitions against discrimination, but rather as a conflict resolution service offered by the government to assist parties in dealing with all manner of employment disputes.

Katherine Graham
Can Mediation Work When Harassment is Alleged? (5/16/14)
Katherine Graham
Lucy and Andrew are senior professionals in a small department within a major IT company. Lucy reports to Andrew, but the relationship is an unhappy one. Andrew comes to Karl, the Head of HR, because he’s had enough of Lucy’s behaviour which he describes as difficult, negative, undermining and disloyal. He sees putting her through the Disciplinary process as his only option.

Vivian Scott
I’m Ready to Resolve! (and you’re not) (5/16/14)
Vivian Scott
In my line of work we talk about the importance of process. People like to know that we’re following a process; we know that everyone needs time to process, and some say it’s all about the process. Individual journeys are, well, individual and just because you’ve decided you’re ready to apologize or tell someone a thing or two doesn’t mean that they’re at a place in their own journey in which they’re willing to sit on a park bench with you and hear you out.

Ken Johnson
Workplace Violence - Part 2 (5/09/14)
Ken Johnson
From 9/11/2001 to 9/11/2013, approximately the same number of Americans died in the workplace due to violence as did American soldiers overseas fighting terrorists. Bullying, stress, domestic disputes, and other considerations account for this. Some researchers have suggested a new mental condition, similar to PSTD, called PTED, which workers may exhibit. Out of control catabolic (harmful) conflict poses a serious problem for both businesses and workers. This two-part series looks into this issue and suggests how ADR practitioners can work to better help businesses make the workplace safer and more productive.

Maria Simpson
Leadership is Defined as a Relationship, Not a Person (5/09/14)
Maria Simpson
I have always maintained that, if people weren’t so afraid of the process of disagreeing, they would have much better outcomes and more creative solutions to problems. Now, Mark Gerzon in Leading Through Conflict: How Successful Leaders Transform Differences into Opportunities, provides sound arguments for why leaders need conflict and how to use it to their advantage to build relationships and organizations. This book is well worth your time.

Ken Johnson
Workplace Violence (5/02/14)
Ken Johnson
From 9/11/2001 to 9/11/2013, approximately the same amount of Americans died in the workplace due to violence as did American soldiers overseas fighting terrorists. Bullying, stress, domestic disputes, and other considerations account for this. Some researchers have suggested a new mental condition, similar to PSTD, called PTED which workers may exhibit. Out of control catabolic (harmful) conflict poses a serious problem for both businesses and workers. This two-part series looks into this issue and suggests how ADR practitioners can work with other various professionals to better help businesses make the workplace safer and more productive.

Joanna Wares
You Can Avoid Disputes in Business Relationships (4/25/14)
Joanna Wares
When a business is family owned, the potential for problems can increase. Issues may roll over to spouses, parents and children. When you want to have an ongoing relationship, mediation can help in the resolution process

Maria Simpson
Leadership is Defined as a Relationship, Not a Person (4/18/14)
Maria Simpson
ediation has become so closely associated with the legal system recently that its value in all areas of discussion and leadership has been overwhelmed. Gerzon points out the value of the approach in public areas of concern, education, business and international relations. Now, if we could only get people to learn how to use it.

Joseph Berljawsky
The Importance of Mediation in Family Business Management (4/04/14)
Joseph Berljawsky
Managing a business can be difficult enough—but when your in-laws are the board of directors and your sister is the CEO, management of a family business can also become a contentious issue. Problems related to leadership and ownership of family businesses arise in a variety of situations. Sometimes there is a power struggle, other times people feel they have been treated unfairly or do not get enough of a say in the company.

Nick Redding
At Work, Our Mental Models of Conflict Matter (3/21/14)
Nick Redding
The way we think about conflict matters. These “mental models” of conflict influence the strategies we employ when we are engaged in conflict. Our models are influenced by our personality, life experiences, and general orientation to the world around us. In turn, they impact how others will react to us, influencing the likelihood of reaching more or less constructive outcomes.


A Practical Guide to Comprehensive Conflict Management Systems (3/07/14)
Carole Houk, Deborah Katz
Many organizations have embraced alternative dispute resolution. Yet, they continue to search for more comprehensive approaches that help them not only to resolve conflicts that have escalated into disputes but also to manage risk, manage relationships and manage their bottom line. Is the answer to this search integrated conflict management systems (ICMS)?

Maria Simpson
Conflict from Workplace Behaviors (2/14/14)
Maria Simpson
Years ago a wonderful little book appeared called Everything I Need to Know I Learned in Kindergarten. It was mostly about basic consideration for others such as taking turns, sharing, and not wrecking other people’s possessions.

Katherine Graham
How Does Your Organization Rate in How it Responds to Conflict? (2/07/14)
Katherine Graham
How robust is your organisation’s approach to conflict? We’ve developed a quick checklist to help you find out.   1 Comment

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