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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.
This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.
What do helicopter parents do best? They hover.
In this scholarly work, the authors examine the intersection of online dispute resolution and psychology.
These are steps for teaching your children to reduce childhood conflict.
Yes and No are powerful words. What impact does saying each of them have on your body and nervous system?
(9/08/21)Bruce Blitman, Cindy Wides
“Many people with mental illness are reluctant to seek help or know where to turn for care, while their friends and family members may struggle to know when and how to help,” said Dr. Rotenberg.
"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."
As the international business environment is quickly expanding, companies are merging and are therefore helping create a global workplace setting.
In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.
So much has changed! When I was growing up, the expectation for middle-class marriages (which were always between women and men) was that it was the man’s job to earn enough money to support the family, and it was the woman’s job was to have children and to contribute to the economy by spending money.
When you ask and don’t assume you already know the answers, you’re likely to find better solutions to workplace problems.
Just as there are a myriad of real property interests, there can be disputes involving any of those interests.
Despite the complexity of ethical issues, Ms. Liautaud has formula for making an ethical decision quite simple.
Vulnerability as quoted from THE vulnerability researcher Brene Brown “is not winning or losing, it’s having the courage to show up even when you can’t control the outcome”.
What happens in our brains and bodies when life -- and conflict -- feels like too much for us?
Recent years have seen a strong tide towards protection of employee rights in employment tribunals, a heightened awareness of any form of discrimination, the damaging effects of throwaway remarks.
Earlier this month, Gary Friedman, co-founder of the Center for Understanding in Conflict, of Santa Rosa, Calif., conducted a video breakfast roundtable titled “Inside Out: Confessions of a Mediator in Politics.”
People often say that dispute resolution processes aren’t “one size fits all.”
A podcast from JAMS featuring David Brandon of The JAMS Foundation and Gretchen Grad and Scott Rasmussen of Hands of Peace, discussing Hands of Peace’s work empowering American, Israeli and Palestinian youth to be agents of change in their communities.
Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases.
Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.
Most disputes in litigation involve a procedural phase for the preparation and exchange of expert reports and the interrogation of the experts’ opinions.
“Advocacy is a conscious act of support, expressed by speaking or writing on behalf of another person, an idea, a cause or a policy.”
As parents, we try to protect our kids from undue stress. But the reality is that life is inherently stressful. While we may not be able to protect our kids from all stress we can help them learn to cope and adjust.
. . . An agreement seems to be emerging, to the relief of the plaintiff whose human rights complaint against the defendant employer has been dragging on for months. . .
Lonnie and Chris got married right out of college.¹ They had a lot of ups and downs, and over time, they grew apart. After 20 years, they decided to divorce.
(8/09/21)Joan Feeney, Phillip Shefferly
A podcast from JAMS featuring Hon. Joan N. Feeney (Ret.) and Hon Phillip J. Shefferly (Ret.) discussing the intersection of ADR and bankruptcy disputes, drawing on their experience as retired bankruptcy judges and mediators
When President Trump was in office, I wrote a series of posts about his negotiation habits based on contemporary news accounts.
Harvard’s PONS defined vividness bias as “…the tendency to overweight the vivid and prestigious attributes of a decision, such as a salary or an employer’s status, and underweight less impressive issues, such as location or rapport with colleagues.”
This is an extremely important topic to consider when thinking about how to effectively engage in conflict resolution, especially when dealing with escalated situations. When considering how to engage in emotional self-regulation, it is crucial to first recognize our triggers. Asking ourselves, “What kinds of situations tend to trigger me?” is one way of doing this.
Earlier this month, the United Nations Commission on International Trade Law adopted the UNCITRAL Mediation Rules, the UNCITRAL Notes on Mediation, and the Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation.
(7/30/21)Ronald S. Kraybill
With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.
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How do you respond to conflict? It is very personal, and is based on millions of experiences that have shaped each person.