In light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs.
(3/19/21)Maurice Ford, Bruce Ally
Given this is our third article in this series the reader is reminded in our previous article we examined the overreaction on the manager’s part to disciplining employees. The focus of this article is to examine some of the challenges associated with training the management staff and agents.
Following the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before.
The tapestry of understanding cannot be woven by one strand alone.
(3/08/21)Anwar Kashif Mumtaz
The process of mediation, the opening of how to meet the people, how to engage with them, how to listen to them, how to manage them, how to explore them, how to take them closer to the resolution and how to get to the settlement from the horse’s mouth.
This piece on mediating workplace sexual harassment cases provides an overview of what the mediation process would entail, the advantages of mediating such cases, and a brief discussion about the Indian perspective as regards workplace sexual harassment.
I remember standing by the wall with my brothers and crying while my father was beating my mother.
You have likely heard the metaphor about drawing a line in the sand, and might have used it yourself to set boundaries.
My next examples of negotiation skills come straight from the pandemic–and by that I mean watching television for hours during the pandemic!
If you missed the 2021 CPR Annual Meeting in January—the first free public meeting held online in the organization’s 40-year history—the videos are being posted on CPR’s YouTube Channel.
(3/03/21)Karen Aurit, Michael Aurit
It is a choice to be courageous in family conflict, and an important one.
Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?”
This article discusses the importance of sticking your neck out during conflict.
My last mediation of 2020 was for a prenuptial agreement, and to me it was kind of a sign of hope for the year to come.
(2/26/21)Julian Granka Ferguson
Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.
Two recent announcements of pilot programs on either side of the Atlantic bring in to sharp focus steps being taken to bust the Backlog of civil cases in two jurisdictions.
Emotional intelligence (EQ) plays a major part in negotiation.
New CIPD research suggests that more than four in 10 LGBT+ employees have experienced workplace conflict in the past year.
In most marriages there is a marital home/the kids' childhood home and it’s often the largest asset--and the largest source of conflict.
This article looks at how to prevent violent conflicts, especially while quarantined.
Litigation often is extremely stressful for clients, and the process aggravates feelings of loss and grief, which interfere with their ability to negotiate effectively and reach agreements.
One of the questions I used to get asked most often by my clients was whether I was married, and until recently, the answer to that had always been no, which then often their follow-up question was, are you ever going to get married?
At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.
(2/11/21)Anwar Kashif Mumtaz
In court, a lawyer’s role may be likened that of the client’s champion, and in most cases they represent their clients with great focus and passion.
(2/11/21)Dawn Bedlivy, Kim Faircloth
Click here for MORE ARTICLES
By the time Lee visited HR to request a mediation, he was frustrated and mad.