One of the hardest problems that a divorcing couple may face is how to divide up marital property.
By turning their faces from the legal system, many companies have saved fortunes in the money and time that legal proceedings require.
Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help.
Over the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community.
I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways.
Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.
This article is a mantra for those who are navigating difficult conflicts.
Handling remote teams can become quite a challenging task at times, especially when a conflict arises.
(10/11/21)Charlie Irvine, Jonathan Rodrigues
The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.
I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?
Have you ever asked yourself, what are the qualities of a good mediator?
This article is an open invitation to the Opposing Party.
On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.
Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement.
This quote by Kimberly Johnson is a good one to consider when it comes to asking forgiveness, giving an apology, and otherwise trying to make amends.
"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."
Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.
I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?
(9/18/21)Ron Supancic, Kenneth Cloke
The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.
The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.
Conflict in the workplace is inevitable when people with different values and opinions come together.
While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.
Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.
It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.
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One of the principal difficulties with political conflicts is that, in addition to disagreements over ideas, facts, proposals, beliefs, and values, there are significant differences in the languages we use to describe ourselves, our opponents, and the issues that divide us; as well as in the disparate cultural norms, expectations, myths, assumptions, and ways we attribute meaning to political ideas and assertions.