This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
Mediation, like other forums where leadership is called for, can be a hard business, not for the faint of heart. On the other hand, every once in a great while, something magical, unplanned, and unexpected happens and the room is suddenly filled with hope and light.
One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.
I finally found the right phrase to describe what city planning is, and what city planners do. Planners provide ideas, analyses and organized settings in which governance (i.e. collaborative problem-solving) can take place.
Each of the described four impulses gives rise to tensions in negotiation: the need to compete and claim, the impulse to cooperate and find common ground, the drive for pragmatic and technically competent solutions, and the push for a moral basis in solution-making.
Thanks to the 2017 federal Tax Cuts and Jobs Act of 2017, (“TCAJA”), divorce lawyers and mediators know that December will be a busy time and some of us may be working right up to the close of the courthouse on Monday, December 31st.
There are many keys to reaching possible agreement. The list includes, among others, discovering not incompatible interests, soothing a hurt relationship, or finding a common enemy. Uncovering a transcending vision can accelerate and amplify the coming together of contending parties. Vision helps achieve agreement.
In our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved.
This article is to give an over view of the use of disability mediation and a case study. The article will highlight some of the benefits of utilizing specialist mediators, confidentiality and why disability mediation works.
There’s recent discussion in urban planning journals about the way professional city planners should be educated today. Having a conversation about planning in advance prevents many community-conflicts down the road.