Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?
Workplace conflicts sometimes make me think of a song by the country-music duo Brothers Osborne called “It Ain’t My Fault.”
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.
In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).
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.
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.
In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.
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.
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.
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.