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Phyllis Pollack

Every Dispute is Two Disputes

(11/30/18)Phyllis Pollack

The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.

Eric Slepak

Saving Homes, Building Understanding

(11/30/18)Eric Slepak

This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.

Phyllis Pollack

Ethical Fading

(10/19/18)Phyllis Pollack

Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.

Michael Heller

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

(10/13/18)Michael Heller

The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.

Phyllis Pollack

Too Many Cooks in the Kitchen!

(10/05/18)Phyllis Pollack

I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.

Susan Yates

My Favorite Resource Featuring Catherine Geyer

(10/05/18)Susan Yates

Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.

John Lande

What Do Litigants Really Want?

(9/06/18)John Lande

This discusses the article "Inside the Mind of the Client."

Lorraine Segal

How Avoidance Can Help You with Workplace Conflict

(8/31/18)Lorraine Segal

It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.

Michael A. Zeytoonian

10 things to think about BEFORE you decide whether to litigate and which lawyer to hire

(8/31/18)Michael A. Zeytoonian

When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.

John Lande

A Case Study of Murphy’s Law in Missouri

(8/10/18)John Lande

Having lived through the painful U of Missouri conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things I wrote at the time.

Norman Stark

Construction - Early Completion, Who Owns the "Float"?

(8/10/18)Norman Stark

Early completion may reduce or completely eliminate an important construction advantage - “float time”.

Hiro Aragaki

SOAS Arbitration in Africa Survey

(7/20/18)Hiro Aragaki

This discusses the recently published groundbreaking SOAS Arbitration in Africa Survey, the first survey of its kind to take a pan-African snapshot of African arbitration practitioners—their expertise, experience, skills, and views on arbitration.

Jacqueline Burnett-Brown

When Teachers, Parents, and Students are Victims of Stockholm Syndrome

(7/13/18)Jacqueline Burnett-Brown

Teachers need the support of parents and the community in the districts in which they teach.

Beth Graham

SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims

(7/02/18)Beth Graham

The high court's opinion will resolve a split among the Circuit Courts of Appeal regarding whether a court may decide the issue of arbitrability in situations where the arbitration claim is groundless.

Chris Poole

Exciting ADR Developments in China and Hong Kong

(7/02/18)Chris Poole

Navigating the United States’ approach to mediation can be tricky for international firms as there is no uniform approach.

Lorraine Segal

Bullied or Mobbed? The Dangerous Search for Vindication

(6/22/18)Lorraine Segal

In the 9 years since I left my own toxic workplace, I’ve coached and consulted with people in all stages of being bullying or mobbed (bullied by a group).

Peter Adler

Two Converging Trends

(6/14/18)Peter Adler

Us mediators and consultants try to help people create constructive engagements and dialogues that lead to real problem solving.

Shirli Kirschner

ADR Forms, Methods and Practices

(6/14/18)Shirli Kirschner

Dispute resolution comes in as many forms as there are people in dispute.

Jaclyn Donahue

Norms and Nonviolence

(6/08/18)Jaclyn Donahue

This article discusses the impact of gender equality on nonviolent conflict.

Michael A. Zeytoonian

The Time for Dispute Resolution Alternatives (DRA) has come

(5/25/18)Michael A. Zeytoonian

There was a time, not long ago, when those who found themselves in a dispute had two basic choices: They could either file a lawsuit/initiate some formal complaint process or they could just walk away from the conflict and try to move on.

Shirli Kirschner

DR Clauses in Contract

(5/21/18)Shirli Kirschner

What are dispute resolution clauses (DR clauses)?

Shirli Kirschner

ADR Pilot Schemes and Programs

(5/04/18)Shirli Kirschner

What are pilot programs, or pilot schemes, in ADR?

James Leshaw

How to Tank a Mediation Without Even Trying

(5/04/18)James Leshaw

Every so often, you may want to tank a mediation.

Phyllis Pollack

An Update on Prior Disclosure

(4/27/18)Phyllis Pollack

As some of you may recall, the California Law Revision Commission issued its Tentative Recommendation late last year to create an exception to mediation confidentiality.

Mark Baer

Start Protecting The Public Before Raising State Bar Fees

(4/13/18)Mark Baer

The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.

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