What to Do After You Get Your Divorce Judgment
When we submit your divorce papers to the court in order to obtain a Judgment of Divorce (JOD), the terms of the Settlement Agreement become the law.
Pursuing a Mediation Career Without a Law Degree
A career in mediation can be a reasonably lucrative choice that delivers challenges and rewards for those who are suited.
Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business
As a business owner, it’s extremely important to familiarize yourself with dispute resolution and the processes you need to take depending on the severity of a case.
Suggestions for Team Leaders
Whether you’ve just received your first team leadership assignment or have been doing this for a while, it can be helpful to remind yourself – or become aware of – some guidelines for team leaders that can make your job easier.
Ninth Circuit, Overturning an Award, Backs More Arbitrator Disclosure
The Ninth U.S. Court of Appeals ruled this week that arbitrators are required to disclose their ownership interests in the organizations they are affiliated with and the organizations’ business dealings with the arbitration parties.
California’s Yolo Superior Court Launches New Online Dispute Resolution Program
California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.
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.