Best Practice Guide on the Use of Mediation in Cross-Border Disputes
Jamie Walker, Zeno Daniel Sustac
Sometimes, the act of justice leaves one or more parties being unsatisfied with a judicial decision and generates a resolution based on the “loser-winner” paradigm. The consequence is often, in addition to the preservation of their conflicted status, the prolonging of the expensive and stressful judicial dispute. Mediation, as an alternative method of conflict resolution, starts with the principle of seeking to most capably satisfy the parties’ interests with a sustainable agreement based on free will. This approach, in the context of globalization, confers mediation with the quality of being an effective cross-border and cross-cultural method of conflict resolution. This article is an excerpt of a thesis analyzing the benefits and unforeseen consequences of mediation in cross-border disputes. This article focuses on the importance of training mediators on cross-border disputes.
Is Collaborative Law a Good Fit for You?
Adryenn Cantor, a San Diego, CA attorney included an excellent list of five questions for people to ask themselves to determine if they are a good candidate for using Collaborative Law in a divorce case.
Mediation and CollabLaw
What is the difference between mediation and collaborative law? Couples going through divorce today fortunately have many more options available to them to finalize their divorce. Choosing the right approach involves knowing and understanding the differences between approaches.
Modifying the Underlying Dimensions of the TKI Conflict Model
Since the early 1970s, two dimensions have been used to plot the five conflict modes: Assertiveness and Cooperativeness (my attempts to satisfy my own needs versus my attempts to satisfy the other person's needs, respectively). Occasionally, these two dimensions were modified to Person A and Person B, as just another way of focusing on the needs and concerns of two people engaged in an interpersonal conflict.
Crisis in the Courts: Making a Virtue out of a Necessity
Crisis grips the California court system.
In Los Angeles County, budget cutbacks
have forced the courts to do away
with court reporters, reduce clerical staff,
close 10 courthouses, and assign personal injury
cases to a master trial calendar system.
At a time when ADR might be considered
one of the solutions for relieving
the increased burdens on the civil trial
courts that these changes will impose, the
Superior Court in Los Angeles instead
took the surprising step of closing its
entire court-connected ADR program.
Divorcing Parents: Avoid Bringing Your Battles to Court
You're getting divorced and you're angry, resentful, hurt, vindictive or any combination of other painful emotions. Hiring the most aggressive litigious divorce lawyer you can find seems like your smartest choice. If you're a divorcing parent who is thinking along those lines, you're making a choice you may long regret.
A Collaborative Justice Approach to Bad Behavior in Tennessee Schools
School violence has taken center stage in American debates as of late. The problem is that alternative solutions have proven to be impractical and costly. Other proposed solutions, based off mostly off of myths, actually may do more harm than good. In light of a federal investigation into Tennessee's juvenile justice practices, options are explored as to how one might make Tennessee's broken system better. A proposed solution is to use Collaborative Justice practices that merge traditional ADR with Restorative Justice techniques to make one unified practice. These proposed solutions have been well researched in used in school districts all over the world as well as the United State with greater than expected results.
Why is it Beneficial to Collaborate?
Litigation is an old-fashioned way to resolve disputes. Nowhere is this more evident than in the family law arena. Attorneys are increasingly developing and turning to nonlitigated forms of dispute resolution. Not only are there now choices between litigation, negotiation, collaboration and mediation, but all four of these basic methods can be further divided into even more refined processes, models and approaches.
3 Fallacies over Lunch
At lunch today, a very good friend and I started talking about Collaborative Law. I have known him over 30 years and we often talk about law, divorce (he's had two) and what I do as a lawyer. We have discussed Collaborative Law a number of times. I learned today that I need to be a little clearer with others when I talk about how the process works. I was shocked to hear statement after statement of misunderstandings from him.
ADR Theory: Intractability in Relation to the Ripeness Theory
Intractability is a somewhat difficult term to expain. It refers to a conflict that has stalled. Parties have no grip or traction on the conflict and the conflict is most likely spiraling out of control. Intractable conflicts are characterized by being complex and having far-reaching consequences. Most likely, intractable conflicts are conflicts that have escalated a fair bit.
There was talk around the ABA Dispute Resolution Conference this week that the demand for mediation services may be declining. If that's true, does that mean that mediation is falling out of favor, just as arbitration has somewhat fallen out of favor? Or is it a reflection of the economy and the decline in demand for dispute resolution services in general?
How Does Collaborative Law Work?
This is the third in a series of stories about how Collaborative Law actually works in a divorce case. These cases are not real cases. The facts and stories are expanded and modified from real issues faced by families going through a Collaborative divorce.
Rising Tides Raise All Boats
We are lucky as mediators to work in a field where supporting others in the field also serves to benefit the individual. In this win/win environment, let's take a moment to celebrate each other's successes.
Family Therapy: Universal and Unique Approaches - Video
Through a series of entertaining, brief, and instructional role plays, Dr. Gladding reviews several universals of family treatment approaches, such as types of communication patterns, rules, and feedback. This role play shows an example of a mediator listening to families discuss their day, and giving honest feedback about how statements have affected them.
Why You Shouldn't Negotiate with Your Spouse
As a Collaborative case progresses, one or both of the parties often want to "save time" or "save money" by negotiating directly with their spouse, outside of the joint Collaborative meetings. That's usually a bad idea from my experience.
This article explains some of the specifics of the collaborative process for divorcing couples. It discusses who will be involved and who is subject to the collaborative policies.
Collaborative Family Helping - Video
This video introduces Collaborative Helping, an integrated practice framework that draws from cutting edge ideas and practices in family therapy, community/organizational development, and post-modern thinking while applying them in a concrete and accessible fashion.
Mass Claims in The Netherlands
The Dutch ‘Class Action (Financial Settlement) Act [WCAM] came into operation in the Netherlands on 27 July 2005. This post describes the rules of mass claims.
Negotiation and the Attorney in the Collaborative Process
Sherri Goren Slovin
As collaborative family law (CFL) matures and moves beyond discussions of paradigm shifts, collaborative protocols and choreography, lawyers grapple with their role in the negotiation of the collaborative case. Too often, lawyers engaged in the collaborative process complain that beneath the veneer of collaboration, they revert to familiar, positional bargaining. What is the advocacy role of the collaborative lawyer? Why should a client choose a lawyer who will engage in collaborative advocacy? What value does the client receive in the collaborative process from the lawyer’s role?
Getting Past the Awkward Stage
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If you’re trying to build better relationships on the job (paid or volunteer) look for ways to create cross-departmental work groups. Even if there are no work projects to focus on, there are always opportunities to create task forces on building safety, employee morale, or even the holiday committee. Offer up help without looking too eager wherever and whenever you can.