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Featured Blog Posts


Jeff Thompson

Oregon Standoff Ends and The Surrender Ritual: Saving Face, TPI's & More

(2/12/16)Jeff Thompson The standoff in Oregon has concluded on Thursday after lasting for more than a month. The following article provides a great recap of the final moments and sheds some insight into the "surrender ritual"- the concluding moments of a a crisis/hostage incident.
Tammy Lenski

How to Email Someone After a Falling Out

(2/12/16)Tammy Lenski What’s the best way to re-establish communication with someone after a falling out? Here’s how to write an email that will help you reconnect after no contact and set the stage for talking in person or by phone.
Beth Graham

Large-Scale Dispute Resolution in Jurisdictions Without Judicial Class Actions

(2/12/16)Beth Graham In her journal article, Professor Strong discusses innovative developments in the context of large-scale arbitration and other alternative dispute resolution mechanisms in Ireland – a jurisdiction where class relief is not typically available through the court system.
Charlie Irvine

Joining a Conflict System: It Pays to Know Our Style

(2/12/16)Charlie Irvine When mediators join a conflict, they enter a living system. Realize it or not, that system is instantly changed by their arrival.
Phyllis Pollack

Is There a “Gorilla in the Room”?

(2/12/16)Phyllis Pollack California has a statute – Code of Civil Procedure Section 583.310– that requires that all cases be brought to trial within five (5) years of being filed or else be subject to dismissal. However, this five year period is tolled if during the final six (6) months of this five year period (i.e., after the case has been on file for 4 ½ years) the matter is submitted to mediation.
Joe Markowitz

Neutrality

(2/12/16)Joe Markowitz Neutrality is a cherished concept in mediation, but the term is interpreted differently by different mediators.
Meredith Richardson

The Worst Valentine's Day Ever

(2/05/16)Meredith Richardson When you're young, the worst Valentine's Day ever may be the day at school when everyone got a flower or a card except for you. That's pretty bad.
Phyllis Pollack

An Offer to Settle Does Not End the Case!

(2/05/16)Phyllis Pollack The Ninth circuit recently determined that a rejected Offer of Judgment did not moot the case. Defendant appealed. This is their story.
Patricia Porter

Get Out Of MY Parking Spot! What To Do When You Get Triggered?

(2/05/16)Patricia Porter An interesting conflict that occurs during snowfalls in Baltimore City is over parking spots. Thursday night before the storm commenced, residents began placing folding chairs and other miscellaneous furniture outside to reserve the spaces in front of their houses.
Joe Markowitz

The Hateful Eight

(2/05/16)Joe Markowitz Are there negotiating lessons one can learn from the world of Quentin Tarantino? Mediators tend to believe that if we encourage parties in conflict to continue talking even when resolution seems unlikely, they will eventually reach a level of common understanding that will enable both sides to find an acceptable way out of conflict.
Angela Herberholz

Help Shape the Next Generation of Mediators!

(2/05/16)Angela Herberholz Wherever we look, there is a variety of articles, blogs, keynotes and workshop topics all talking about the necessity to develop future leaders, understand the next generation(s) and attract the right talents. The mediation profession is no exception.
Lynn Duryee

Make the Most of your Mediation: The Employment Case

(2/05/16)Lynn Duryee Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort.
Jeff Thompson

Testing the Role Effect in Terrorist Negotiations

(1/29/16)Jeff Thompson Here's another great academic paper from Paul J. Taylor. This time he teamed with William Donohue (another great researcher/academic) to write Testing the Role Effect in Terrorist Negotiations.
Katherine Graham

If You’re Angry at the “Lily-white” Oscars – Then Check the Plank in Your Own Eye First

(1/29/16)Katherine Graham Everyone’s at it – criticizing the whiteness of this year’s Oscar nominees for not representing enough black stars.
Deborah Fleck

Achieving Workable – and Just – ADR Results in Family Law

(1/29/16)Deborah Fleck Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members.
Beth Graham

Texas Supreme Court Will Not Review Case Where Post-Arbitration Discovery Ordered Due to Neutral’s Alleged Evident Partiality

(1/29/16)Beth Graham The Supreme Court of Texas has denied a party’s request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker.
Maria Simpson

Reframing "Confronting"

(1/22/16)Maria Simpson The focus of the article is about the nuances of language, the ability to discriminate among situations, and applying the absolutely right approach.
Vivian Scott

I’m Telling on You, You Tattletale!

(1/22/16)Vivian Scott To me there’s a difference between calling out bad actors for the benefit of the greater good and tattling on someone with the intention of being unfairly rewarded. And, that’s exactly what I think is happening with the tattletale epidemic
Katherine Graham

Avoid 3 Common Grievance and Disciplinary Investigation Problems

(1/22/16)Katherine Graham Before you start implementing a grievance or disciplinary process, be aware of the three possible points of quality failure before you start.
Michael A. Zeytoonian

Let’s Cross-examine the Case Before We Decide to File that Lawsuit

(1/22/16)Michael A. Zeytoonian I think it’s a good idea for people who find themselves in a dispute to do some cross-examining before they file a lawsuit.

Conversation with Heather Kulp About ADR Careers

(1/22/16)John Lande, Heather Scheiwe Kulp Readers will recall that Michael Moffitt posted a series of posts by Heather Kulp about giving advice to students about developing ADR careers and that I wrote a response to Heather to start a conversation.
Maria Simpson

Serendipity

(1/15/16)Maria Simpson It was pure serendipity that a small group of people came together and became one of the most effective teams I’ve had the privilege of working with – the members of my board of directors on the Foundation I chair.
Brad Heckman

Whatever You Do, Don't Buy a Discount Baboon

(1/15/16)Brad Heckman My job in PA was to listen to people’s legal troubles and align them with an affordable attorney. One day, I got a call from a client who had been trying, with no luck, to find an attorney with experience with “monkey cases.”
Patricia Porter

Control Addict – My Life As A Recovering Micromanager

(1/15/16)Patricia Porter “Ab, stop micromanaging…” My husband Bernard cried out. I was badgering him with questions about when he would complete a project on our house.
Jill Gross

SCOTUS Denies Cert in Nursing Home Arbitration Case

(1/15/16)Jill Gross On Monday, the Supreme Court declined to review a decision of the Supreme Court of Texas that enforced a pre-dispute arbitration clause in an agreement a patient signed with a nursing home pre-admission. After the patient died, her family sued the nursing home in state court alleging negligent care and wrongful death.
Tammy Lenski

Are You Letting This Common Habit Get in the Way of Effective Mediating?

(1/08/16)Tammy Lenski It feels natural to take notes while mediating or coaching, and coaching and mediation notes serve a purpose. While jotting down something really important is useful, taking notes throughout the session is often a mistake.
John Lande

Is Proportionality of Discovery Good or Bad?

(1/08/16)John Lande Many of us like the goals of reducing the adversarial elements of litigation but also want to protect plaintiffs’ reasonable access to the legal system. So are the new rules good or bad?
Sabine Walsh

Of Oysters and Unfortunate Injuries

(1/08/16)Sabine Walsh Who is Regulating Mediation in Ireland in 2016?

Enforcing Arbitration Clauses in Derivative Proceedings: Russia’s Perspective

(1/08/16)Mikhail Samoylov Russian courts take a view that a shareholder is not bound by an arbitration clause included in a contract.
Phyllis Pollack

Changing Our Habits !

(1/08/16)Phyllis Pollack For the first few weeks of 2016, we will keep our New Year’s resolutions but as time passes, they may fall by the wayside, and we will find ourselves doing the same things we promised ourselves we would avoid. Why? Habits!
Lorraine Segal

Is Revertigo Fueling Conflict at Your Workplace?

(1/04/16)Lorraine Segal Do you ever find yourself acting (out) like your five or fifteen year old self? If so you may be affected by revertigo!
F. Peter Phillips

Oregon Supreme Court on Mediation Confidentiality

(1/04/16)F. Peter Phillips On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately after, a mediation process.
Patricia Porter

New Year – New Beginnings – Better You

(1/04/16)Patricia Porter I love New Years because I love the idea of a new beginning. I like many others’ like to make New Year resolutions. I determine what my intentions for the coming year will be by reflecting on where I fell short over the last twelve months.
John Sturrock

The Music of Mediation

(1/04/16)John Sturrock Knowing that whoever reads this is probably relaxing with a fine wine in hand, or perhaps a favoured beer, away from the hustle and bustle of the usual diet of mediation work, this blog adopts a similarly indulgent and merry feel. Here is one mediator’s choice of mediation-themed songs (with a UK- and popular music-slant, I accept) with which I would happily be stranded on a desert island.
Eric Slepak

If And When ADR Should Be Introduced Into Student Debt Conversation

(1/04/16)Eric Slepak Just as homeowners over-leveraged themselves on the road to the foreclosure crisis, so too Americans now stand on the precipice of what could be an equally destabilizing student debt problem.
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