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.
Centralized coordination of the Army mediation has proved critical to its success.
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.
If you're going through a divorce or a rough business settlement, it's safe to say your life has been stressful lately.
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.
One of the many attitudes to conflict that derails interpersonal conflicts (and most conflicts, really) is a need to be right
Mediation is now the toast of the day in America, Canada, Australia, the UK and many parts of the European Union.
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.
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.
This is a little-known story of how Barbara Jordan mediated a comprehensive agreement on immigration policy.
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.
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.
A lorry driver who’d just arrived at an depot was spotted weeing over pallets used for the delivery of food.
In many ways, what coaches and lawyers do in the work place is very similar, just from a different point of view.
There are approximately eight different ways to morally disengage, and I examine how this related to the NFL.
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.
"If you want to make peace with your enemy then work with your enemy. Then he becomes your partner." ~ Nelson Mandela
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.
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.
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.
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 discusses the article "Inside the Mind of the Client."