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John Lande

Two Shrewd Legislative Negotiators / Mediators

(2/22/19)John Lande

This is a little-known story of how Barbara Jordan mediated a comprehensive agreement on immigration policy.

Greg Rooney

How Can We Sell The Mediation Product If We Haven’t Worked Out What It Is?

(2/22/19)Greg Rooney

I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up.

Maria Simpson

Strategy v Policy

(2/15/19)Maria Simpson

For quite a while a staff member had requested more work on “policy,” anticipating that working on policy would provide greater qualifications for a promotion.

Richard Peachey

Why Investigations Always Need to Look Twice

(2/15/19)Richard Peachey

A lorry driver who’d just arrived at an depot was spotted weeing over pallets used for the delivery of food.

Ron Pizzo

A Lawyer Who Likes to Coach: What’s Up with That?

(2/08/19)Ron Pizzo

In many ways, what coaches and lawyers do in the work place is very similar, just from a different point of view.

Phyllis Pollack

The NFL’s Moral Disengagement

(2/05/19)Phyllis Pollack

There are approximately eight different ways to morally disengage, and I examine how this related to the NFL.

Michael Erdle

Canadian Ombudsman Impartiality Is a Delicate Balance

(2/01/19)Michael Erdle

The recent announcement that another major Canadian bank is withdrawing from the national banking ombudsman service in favour of a private dispute resolution service for customer banking complaints raises interesting questions about independence and impartiality.

Michael A. Zeytoonian

Peacemaking: The Fulfillment of the Legal Profession

(12/23/18)Michael A. Zeytoonian

"If you want to make peace with your enemy then work with your enemy. Then he becomes your partner." ~ Nelson Mandela

Michael Erdle

Are We Done Yet?

(12/07/18)Michael Erdle

If parties are successful in reaching an agreement at the end of a long day (or more) of mediation, one of the final challenges is preparing a written document everyone can sign to capture the terms of the settlement.

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).

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