Featured Blog Posts
Why would team members want to discuss a sensitive member with someone they don't know?
During a recent discussion of ethics, I asked whether it would be proper to hide information.
What characteristics do you think are shared by quality court ADR programs? I took a swing at a list here. What would you add? Change?
The research on mediation approaches shows a connection between transformative methods and the best outcomes on all levels.
I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.
(9/17/19)F. Peter Phillips
In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions.
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
"Between the Fact and Non-Fact is the Conflict," this statement is so blatantly simple that one wonders why we have not been able to dwell on this and recognize that this pulsating split second wonder can have appalling or astounding consequences.
Discrimination is a tightening net of issues and demands around HR.
When we talk about an interpersonal dispute between two people, we commonly say there are two sides to every story – the other person’s version of events and issues and our own.
In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).
Diversity in ADR is an important topic of late.
The importance of mediation lies in the fact that it is a confidential process and comes at a low cost as compared to litigation. It focuses on the interests of both parties and is a much less aggressive process than litigation/arbitration thus offering a win-win situation for all parties involved.
This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?
Whether it is a minor slip of the tongue or an entire foot in the mouth, either can lead to some uncomfortable moments followed by the instinct to explain what was “really meant.”
As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving.
Are you stuck in a rut in your relationship with someone?
Trust in an experienced mediator is the same whether a mediation participant interacts with that mediator via video or face-to-face, according to recent research.
What this means is that while women are not recognized for the skills at which they might be inherently better, it also means that we are failing men by not highlighting opportunities for growth and improvement.
Given that none of us have a crystal ball, it would be a poor use of time to attempt to infer how the upcoming presidential election will affect Title IX enforcement, which has changed significantly in the last 10 years.
It happens, at times, that our conflicts get blown out of proportion.
In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.
Empowerment and recognition shifts can happen between people whose interaction has fluctuated for years.
In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated.
Racial discrimination is a problem that’s bubbling under the surface of workplaces.
Workplace mobbing can make you feel crazy.
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.
The objectives in a mediation are much different than in litigation; but often the differences are overlooked.
Transformative mediation is thriving in Brno, Czech Republic.
This article discusses reactions to the huge scope of our field.
You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.
(8/09/19)Wean Khing Wong
This mediator proposes a upcoming homeless mediation program, the difficulties of working with the homeless population, and the skills a mediator can bring.
(8/09/19)F. Peter Phillips
The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.
Nursing homes are now able to have protection and a clear plan with arbitration agreements.
(8/09/19)Michael A. Zeytoonian
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I first heard about Collaborative Law (CL) in 2002 as it began to spread around Massachusetts.