Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.
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.
I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.
Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
This discusses the article "Inside the Mind of the Client."
It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.
When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.
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.
Early completion may reduce or completely eliminate an important construction advantage - “float time”.
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.
Teachers need the support of parents and the community in the districts in which they teach.
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.
Navigating the United States’ approach to mediation can be tricky for international firms as there is no uniform approach.
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).
Us mediators and consultants try to help people create constructive engagements and dialogues that lead to real problem solving.
Dispute resolution comes in as many forms as there are people in dispute.
This article discusses the impact of gender equality on nonviolent conflict.
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.
What are pilot programs, or pilot schemes, in ADR?
Every so often, you may want to tank a mediation.
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.
The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.
In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers