Mandatory Minimums and Plea Bargaining
Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?
It Ain’t My Fault: How Best to Manage Workplace Conflict
Workplace conflicts sometimes make me think of a song by the country-music duo Brothers Osborne called “It Ain’t My Fault.”
The Good and Bad of Anger in Negotiation!
I wonder whether the use of anger in negotiations is helpful or harmful.
US Appeals Court in “Manifest Disregard” Claim Instructs Arbitrator to Clarify “Irreconcilable Determinations”
I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.
Pouring a Little Psychological Cold Water on ODR
In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).
Online Mediation in Dubai
The importance of mediation lies in the fact that it is a confidential process and comes at a low cost as compared to litigation. It focuses on the interests of both parties and is a much less aggressive process than litigation/arbitration thus offering a win-win situation for all parties involved.
Do Parties Trust Mediators When They’re Not in the Same Room?
Trust in an experienced mediator is the same whether a mediation participant interacts with that mediator via video or face-to-face, according to recent research.
Bargaining in the (Murky) Shadow of Arbitration
In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.
Don’t Overlook the Benefits of Mediation
Given that none of us have a crystal ball, it would be a poor use of time to attempt to infer how the upcoming presidential election will affect Title IX enforcement, which has changed significantly in the last 10 years.
Michigan Supreme Court Launches New Online Dispute Resolution Program, MI-Resolve
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.
Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”
You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.
Tittle Tattle is the Battle: The Army Mediation Service
Centralized coordination of the Army mediation has proved critical to its success.
Mediating My Own Disputes
There is an adage that a person who is her own lawyer, has a fool for a client, meaning that representing yourself is a foolish.
How Meditation Can Help During Mediation
If you're going through a divorce or a rough business settlement, it's safe to say your life has been stressful lately.
The “ABC Test” is Retroactive!
In 2018, the California Supreme Court drastically changed the employment law landscape in California by adopting the “ABC Test” for determining whether workers are employees ( and not independent contractors) under California wage order laws.
The Need to Be Right
One of the many attitudes to conflict that derails interpersonal conflicts (and most conflicts, really) is a need to be right
The Linctus of Choosing a Mediator
Mediation is now the toast of the day in America, Canada, Australia, the UK and many parts of the European Union.
HOBAS: Understanding the Data Behind U.S. Crisis Hostage Negotiation
Working with the FBI, I had access to the Hostage Barricade Database System (HOBAS) and put out what I believe to be is the most current up-to-date information on law enforcement negotiation statistics.
New Jersey Statute Regulates Settlement Agreements
Many New Jersey mediators consider it their responsibility to encourage parties’ counsel, when drafting an MOU memorializing a settlement agreement at the end of a mediation, to include words to the effect that, while further documentation is contemplated, the parties agree to be bound by the terms in the MOU.
Two Shrewd Legislative Negotiators / Mediators
This is a little-known story of how Barbara Jordan mediated a comprehensive agreement on immigration policy.
How Can We Sell The Mediation Product If We Haven’t Worked Out What It Is?
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.
Strategy v Policy
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.
Why Investigations Always Need to Look Twice
A lorry driver who’d just arrived at an depot was spotted weeing over pallets used for the delivery of food.
A Lawyer Who Likes to Coach: What’s Up with That?
In many ways, what coaches and lawyers do in the work place is very similar, just from a different point of view.
The NFL’s Moral Disengagement
There are approximately eight different ways to morally disengage, and I examine how this related to the NFL.