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Featured Blog Posts
Transforming Disputes into Transactions via Collaborative Law (8/28/15) Michael A. Zeytoonian When I work with people to help them resolve their disputes, I often find that they are very preoccupied with finding fault and placing blame for what has happened to trigger the dispute. We spend a lot of our energies, time and emotion – clients and lawyers alike – looking backward at what happened and seeing who we can hold liable.
Crisis Negotiation: From Suicide to Terrorism Intervention (8/28/15) Jeff Thompson This is a snippet from a chapter which uses an account of a real-life crisis negotiation to explore what is know about these high-stakes, emotion-fueled interactions. We begin by reviewing literature relevant to four different interaction periods within the case: first impressions and the verbal and nonverbal factors that effect initial exchanges; rapport development and the communicative skills that facilitate information gathering; sensemaking and the frameworks that help negotiators understand the motivations of their interlocutor; and, influence strategies and their impact on moving a perpetrator from antagonism to cooperation.
ADR-Related Legislation (8/28/15) F. Peter Phillips Larson Frisby, of the ABA Governmental Affairs Office, recently offered an update on the status of federal ADR legislation and other related measures. Some of the most interesting proposals are briefly described in this article.
Openings, Part 2 (8/28/15) Joe Markowitz When we meet someone for the first time, we immediately start forming impressions of them. It takes a lot to change that perception, even if they turn out to be quite different from the way we initially perceived them. Similarly with conflict. The way in which a controversy is framed does much to affect the way parties subsequently see the dispute.
3 Things Your Mediator Probably Won’t Tell You (8/28/15) Tammy Lenski I used to think it was just me, that I was the only mediator in the world who occasionally totally sucked at conflict in my own life. When I sucked at it, I’d beat myself up about it too. Just so I could suffer some more. (Buddhists call this the second arrow — the first arrow is the initial pain, the second arrow is the suffering based on our reaction.)
Patent Arbitration: It Still Makes Good Sense (8/21/15) Beth Graham Peter Michaelson, Michaelson ADR Chambers, LLC, has published “Patent Arbitration: It Still Makes Good Sense,” Landslide (Journal of the ABA Section of Intellectual Property Law); July/August 2015, pp. 42-47. In his paper, Mr. Michaelson examines the future of patent arbitration following the implementation of the Leahy-Smith America Invents Act.
No Sour Grapes in this Conflict (8/21/15) Lorraine Segal What would you do if someone secretly took grapes from your garden? Would you get mad? Feel like a victim? Blame the neighbors and call them thieves? Put up a fence to protect your property? Post angry warning signs?
Are You Seeing the Benefit of Soft Skills? (8/21/15) Katherine Graham “Soft skills like communication and teamwork are incredibly important to our business because of the impact they can have on our customers’ experience. As integral as they are to the performance and progression of our employees, I know that we can do more to recognise their importance which is why we are launching this campaign," says the Chief People Officer of McDonalds UK.
Conversation with Peter Benner About PEDR, Part 6 (8/21/15) John Lande I think company managers, by and large, do feel they have control, which is, as you say, reflected in increasingly tight litigation management, which does predominate and persist, as well as loosened loyalties to a particular firm. Beating up lawyers on fees is now considered part of the relationship. The issue is one of culture and disposition rather than control.
Sacred DR Story–The Wise Woman of Abel of Beth-maacah (8/14/15) Andrea Schneider There’s a sacred ADR story in the Second Book of Samuel, which relates how the negotiating skills of a “wise woman” saved her city of Abel of Beth-maacah. 2 Samuel 20: 1-22*. A man named Sheba son of Bichri tried to incite a rebellion among the people of Israel against King David and the people of Judah.
ADR-Related Legislation (8/14/15) F. Peter Phillips Larson Frisby, of the ABA Governmental Affairs Office, recently offered an update on the status of federal ADR legislation and other related measures. Some of the most interesting proposals are briefly described in this article.
Mediation – Is the Joint Session Still Alive? (8/14/15) Kim Taylor Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting the participants to discuss any issues that may affect settlement which are important for the mediator to know in advance, and discuss any concerns a party might have about the process.
What Mediation and Marathon Running Have in Common (8/08/15) Sabine Walsh I like mediating. I also like running marathons. What this says about my sanity is a question for another day, but the more I do both the more similarities I identify between the two disciplines. A recent week of particularly arduous mediation brought these similarities to mind more than usual.
Empathy - Part 2 (8/08/15) Phyllis Pollack Last week, I wrote about empathy – its definition and what researchers have found about why we may be more empathetic in certain situations and/or given our personalities. The blog concluded with the notion that empathy can be learned; it is our choice whether we wish to be more empathetic.
Obama Announces Change in Hostage Policy (8/08/15) Jeff Thompson President Barack Obama announced Wednesday that the government will no longer threaten to criminally prosecute families of American hostages who pay ransom to get loved ones back from such groups as ISIS.
Sometimes You Need to Give Them Reasons to Mediate (8/08/15) Jeff Murphy So you would like to mediate your divorce, but you think you’ll have a hard time convincing your spouse to go along. I’m assuming he or she is ready to end the marriage as well and having a conversation about how to do it won’t be a surprise.
Empathy - Part 1 (7/31/15) Phyllis Pollack Empathy- it is an interesting word. Although containing only 7 letters, it is packed full of meaning. The Merriam-Webster dictionary defines “empathy” as “the feeling that you understand and share another person’s experiences and emotions: the ability to share someone else’s feelings.”
Openings (7/31/15) Joe Markowitz In a prior post, I suggested that in the absence of a thorough re-vamping of the rules of civil procedure, parties and practitioners should try to invent new ways to resolve disputes outside the court system, How exactly would that work?
Legal Informed Consent Includes Knowing Your Legal Process Options (7/30/15) Michael A. Zeytoonian "An educated consumer is our best consumer." That was the memorable tagline for Syms, a successful men’s clothing retail store in the New York area years ago. It struck a chord for many reasons. A business that wants its customers to be educated on its products or services reflects honesty, transparency and a shared desire for quality and value. It respects and compliments the customers. It implies that the business wants its customers to be intelligent, do their homework, research and due diligence before coming into the store or office and doing business together.
Seeing the World Through Others’ Eyes (7/30/15) John Lande In our conversations, I have talked about the value of trying to see the world through others’ eyes. There are several reasons why I have found it valuable including moral, practical, and even mental health reasons – it helps me maintain whatever sanity I have left.
The Future of Mediation: Changing the Default of Fault (7/21/15) Richard Barbieri Will the future of mediation be, as Woody Allen remarked, “much like the present, only longer”? Given what we know about human nature, systems, and the resistance of each to change, that’s perhaps the safest prediction. But it’s also a less than hopeful prognosis, because mediation has much to offer the future, far more than it has achieved at present.
Counting the Cost of Conflict (7/21/15) Katherine Graham In our final week of watching Carol’s struggle with Mike and her team, we see the outcome which many organisations are all too familiar with, as the employer is now Counting the Costs.
Mediation Marathon (7/21/15) Phyllis Pollack I have mixed emotions. Why? Recently, I have conducted multiple mediations simultaneously in matters involving the same plaintiff’s counsel and defendant’s counsel. These are lemon law cases and so frequently the same plaintiff’s counsel will have multiple cases with the same defense counsel. The mediations are thus scheduled for a single day and only counsel are present.
“Bags of Trouble” (6/19/15) Jai Jayaraman I started getting interested in conflict resolution back in the late 90s. At the time I was a business analyst working on retail supply chain issues.
Consolidation and Conflict in the Health Care Industry (6/19/15) Viggo Boserup The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health care industry in the past 20 years. - See more at: http://jamsadrblog.com/#sthash.AQhZ4CpV.dpuf
Trade Negotiations (6/19/15) Joe Markowitz This article contains some thoughts based on my experience with negotiation and mediation in general that may be relevant to the ongoing Congressional fight over passage of fast track authority for the Trans-Pacific Partnership (TPP) trade agreement (which suffered a major setback in June, 2015).
Say it Ain't So, Marge and Homer! (6/12/15) Dave McDonald It was leaked recently that Marge and Homer Simpson are soon planning to separate. I guess the divorce rate in Springfield is comparable to the rest of the United States, and with Homer’s continued antics, how can you blame Marge?
Why We Have Different Experiences (6/12/15) Jason Dykstra How often does this happen to us? We experience the same action as another person and walk away from the action with a totally different perspective that happened. It happens at staff meetings, conversations with our bosses or employees, and even with our partners and kids.