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Jen Reynolds

Mandatory Minimums and Plea Bargaining

(10/11/19)Jen Reynolds

Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?

Amy Robertson

It Ain’t My Fault: How Best to Manage Workplace Conflict

(10/10/19)Amy Robertson

Workplace conflicts sometimes make me think of a song by the country-music duo Brothers Osborne called “It Ain’t My Fault.”

Phyllis Pollack

The Good and Bad of Anger in Negotiation!

(10/04/19)Phyllis Pollack

I wonder whether the use of anger in negotiations is helpful or harmful.

Mark Kantor

US Appeals Court in “Manifest Disregard” Claim Instructs Arbitrator to Clarify “Irreconcilable Determinations”

(9/20/19)Mark Kantor

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.

Beth Graham

Pouring a Little Psychological Cold Water on ODR

(9/12/19)Beth Graham

In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).

Colin Rule

Online Mediation in Dubai

(9/07/19)Colin Rule

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.

Jennifer Shack

Do Parties Trust Mediators When They’re Not in the Same Room?

(9/06/19)Jennifer Shack

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.

Beth Graham

Bargaining in the (Murky) Shadow of Arbitration

(8/30/19)Beth Graham

In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.

Jane Greenspan

Don’t Overlook the Benefits of Mediation

(8/30/19)Jane Greenspan

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.

Nicole Wilmet

Michigan Supreme Court Launches New Online Dispute Resolution Program, MI-Resolve

(8/23/19)Nicole Wilmet

In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.

Mark Kantor

Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”

(8/16/19)Mark Kantor

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.

Lieutenant Colonel Jonathan (Trigger) Buxton

Tittle Tattle is the Battle: The Army Mediation Service

(7/30/19)Lieutenant Colonel Jonathan (Trigger) Buxton

Centralized coordination of the Army mediation has proved critical to its success.

Phyllis Pollack

Mediating My Own Disputes

(5/31/19)Phyllis Pollack

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.

Sylvia Smith

How Meditation Can Help During Mediation

(5/31/19)Sylvia Smith

If you're going through a divorce or a rough business settlement, it's safe to say your life has been stressful lately.

Phyllis Pollack

The “ABC Test” is Retroactive!

(5/18/19)Phyllis Pollack

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.

Cinnie Noble

The Need to Be Right

(5/03/19)Cinnie Noble

One of the many attitudes to conflict that derails interpersonal conflicts (and most conflicts, really) is a need to be right

Chinwe Egbunike-Umegbolu

The Linctus of Choosing a Mediator

(4/26/19)Chinwe Egbunike-Umegbolu

Mediation is now the toast of the day in America, Canada, Australia, the UK and many parts of the European Union.

Jeff Thompson

HOBAS: Understanding the Data Behind U.S. Crisis Hostage Negotiation

(4/01/19)Jeff Thompson

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.

F. Peter Phillips

New Jersey Statute Regulates Settlement Agreements

(3/22/19)F. Peter Phillips

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.

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.

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