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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.

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."

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