Featured Blog Posts
The world is watching one of the most divisive periods in American history.
When considering whether or not to bring a child to a holiday gathering (such as Thanksgiving dinner at Grandma’s house for example), these and other factors need to be taken into consideration.
During this year of COVID-19, courthouses have been repeatedly challenged with closures and delayed start-ups.
After trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced mediation is the best option for resolving cases while keeping your clients’ interests in mind, particularly for health care disputes.
This article explores how the glorification of our ingroup (those whom we share identity with) contributes to conflict.
This article examines if not conforming actually elevated one’s status.
Use these strategies to avoid pitfalls and make the most out of virtual mediation. Especially during Covid-19, virtual mediation can and must be facilitated with excellence.
Both parties must enter a mediation with good faith, meaning that the parties have the sincere intention of trying to find a resolution in the dispute.
It is not surprising that workplace conflict is one of the most talked-about topics in HR. Many different types of people work in an office, and the difference in opinions and personality is usually the cause of workplace conflict.
(11/06/20)Shirish Gupta, Chris Kwok
From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique environment that is both increasing the number of workplace disputes and changing how they handle the disputes.
I’ve said it before, and I’ll say it again. We use rotten language to describe our ideas and theories.
There are times many of us interact in ways we’re not very proud of.
Our new research with HPMA and Selenity explored the state of employee relations (ER) in the NHS and how HR dealt with the extremes of the first wave lockdown.
(10/30/20)Jan Frankel Schau
Family therapists work to create a comfortable, safe space for their clients to express themselves.
The 22nd annual international ADR Cyberweek will run from November 1 to November 6, 2020.
Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe.
Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines.
The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent virtual mock trial that was held via Zoom and hosted by the Civil Jury Project. In the report titled “Suggestions for Remote “Zoom” Jury Selection,” the authors discuss panel size, jury selection questionnaires, technology issues, time limits, instructions for the jury, and more. It’s an informative report describing specific issues for this new, online environment that need to be considered in order to improve virtual jury trials.
Parker and Weizenecker suggest the following areas for improvement:
Currently, there is not a remote platform designed for jury trials. It is our understanding that the Civil Jury Project at NYU Law School has contacted Zoom urging the design of an intuitive, user-friendly, litigation/trial specific platform resembling a real courtroom. Here are some additional suggestions related to the design of that platform:
- As stated above, allow the locking in of juror position on the screen;
- As stated above, put limitations on the chat function;
- Ability of judge (host) to control what participants see on their screen instead of participants using individual settings, so that everyone sees the same thing on their screens;
- Objection button for counsel to object, which would eliminate the need for counsel to verbally interrupt in front of the jury;
- Integration of documents with the platform including: impeachment folders, exhibit folders, and verdict form;
- Better capabilities for interaction with demonstrative aids, especially when using PowerPoint.
Although the mock Zoom jury trial and report do not specifically address criminal cases, the lessons learned can be useful for improving most virtual jury trials.
Survival depends on understanding and working together.
The internet has become an indispensable business resource as more companies rely on online tools.
After 28 years of marriage, you wouldn’t be surprised to hear me say my husband I and get into arguments, at times.
Perhaps in our lives we need to take a cue from hostage negotiators.
With the advent of COVID-19, workplace conflict and stress have become front of mind problems for many organizations.
Today’s post explores how best to present yourself in a virtual mediation.
This article discusses "Raising Traditional Mediation - Becoming an Invisible Mediator."
It seems that sometimes when we begin to have an argument with someone the focus isn’t on moving things forward.
On September 15th, 2020 IDI, the International Distribution Institute organized a webinar focused on possible solutions for re-starting distribution and retail/franchising relationships which have suffered difficulties during lock- down, and which are still suffering difficulties in order to adapt to the restrictive measures imposed by the COVID pandemic.
(10/16/20)Gary Birnberg, Ranse Howell
This article discusses new opportunities for cross-border mediation, collaboration and dialogue.
In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.
Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic.
Some of us are in a conflict; we “…are motivated more by a desire to appear moral than to actually be moral.”
As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.
Imagine my surprise years ago when I went through North Carolina family financial mediation training and I learned that the norm for mediating a couple going through divorce was shuttle mediation.
When we become embroiled in an interpersonal conflict it’s common that we easily lose track of what’s important to us.
Understanding fault lines and property lines can help us resolve conflicts.
Online Yom Kippur discussed was the impermanence of life.
(10/02/20)Ronald S. Kraybill
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What can a facilitator do with an extremely persistent person, who refuses to stop interrupting others in mediating or facilitating?