The federal regulations for Individuals with Disabilities Act (IDEA) includes many provisions to protect the rights of parents and their child with a disability while also giving families and school systems means by which to resolve disputes. These rights are known as procedural safeguards. Parents have specific rights under this law to mediation under 34 CFR &200.506. Your school district must make mediation available to allow you and the school to resolve disagreements involving any matter under Part B of the IDEA. This includes matters which may have come up prior to the filing of a due process complaint. Mediation is available to resolve disputes whether or not you have filed a due process complaint requesting a due process hearing. If you have filed a due process complaint, mediation is typically offered as a potential way to settle these disagreements. read
Model helps resolve conflicts between family members and clinicians. A new project by the Medical Mediation Foundation, aimed at breaking down tension between family members and health professionals when there is a disagreement about a child's course of treatment, is in full swing at Evelina London Children's Hospital, The Guardian reported. Noting the importance of communication between caregivers to a child's recovery, the Evalina Resolution Project offers mediation at the request of parents or staff members, and trains hospital personnel in stress management techniques. It also teaches staff how to recognize triggers for conflict and ways to rebuild trust when a situation deteriorates, the article states. More than 90 staff nurses have completed training sessions, with doctors set to begin training this month. The sessions help staff think about issues from the parents' perspective and reflect on how their actions impact them, according to the article. read
Los Angeles County called in a mediator as a strike by social workers over caseload size reached its fifth day. Striking social workers jammed the hallways outside of L.A. County Supervisor Gloria Molina’s El Monte field office Monday. The supervisor and her staff were out, but the strikers chanted and paraded past the door to make their presence known. “This is worth it. It’s all worth it,” said one striker. “It’s all about childsafety for us.” Striking workers insist they will return to work if the county will put in writing a guarantee of smaller caseloads, limiting the number of cases to 20 to 25 from the nearly 30 to 40 they have now. The county says they are not ready to put that in writing. read
Lord Justice Briggs says that: “This case sends out an important message to civil litigants, requiring them to engage with a serious invitation to participate in ADR, even if they have reasons which might justify a refusal, or the undertaking of some other form of ADR, or ADR at some other time in the litigation. To allow the present appeal would, as it seems to me, blunt that message. The court’s task in encouraging the more proportionate conduct of civil litigation is so important in current economic circumstances that it is appropriate to emphasise that message by a sanction which, even if a little more vigorous than I would have preferred, nonetheless operates pour encourager les autres.” read
Legal professionals got together at Exeter County Court during Dispute Resolution Week to highlight the fact that legal aid is still widely available for family mediation. Family mediation allows families to resolve disputes after separation in a cost effective way. Judge David Tyzack QC told mediators from a variety of firms across Devon: “The judiciary are very much in favour of families resolving their own arrangements and we encourage all families to consider mediation before setting off on court proceedings. “Legal aid is still available for mediation and for legal advice in support of mediation. read
Escalating conflicts have the potential to impact on care of patients and all others on a unit. A project run by the Medical Mediation Foundation and funded by the Guy's and St Thomas's charity aims to prevent conflicts escalating into crises. The project was launched at the Evelina London children's hospital in January, to support families and health professionals where there is disagreement, tension and anger surrounding a child's medical care. read
Afghan police have recorded more reports of violence against women under a recently enacted law, but prosecutions remain low, a U.N. report says. "The landmark law on the Elimination of Violence Against Women was a huge achievement for all Afghans," U.N. High Commissioner for Human Rights Navi Pillay said in a release. "But implementation has been slow and uneven, with police still reluctant to enforce the legal prohibition against violence and harmful practices." read
In the field of Alternative Dispute Resolution, mediators, among other things, help people in dispute come to a mutually acceptable resolution about issues they do not agree on. Each party typically holds a disparate perspective from the other on what constitutes an appropriate settlement. By the time they get to talk it out in the mediation process to see if they can resolve matters, they have often become entrenched in their positions and the relationship is suffering. read
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law (and a friend of this blog) has published “Beyond International Commercial Arbitration? the Promise of International Commercial Mediation,” 42 Washington University Journal of Law and Policy, 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-21. In her article, Professor Strong examines the role of mediation in international business disputes. read
Steinbrenner High School seniors Katya Brioni and Erica Maurino are part of a group of students trying to make a difference. According to them, they have no choice but to deal with uncomfortable realities of life, and sometimes get in the faces fellow students – but it’s all worth it. They are part of the Steinbrenner Peacemakers, a peer mediation group that deals with almost every issue that makes their fellow students uncomfortable, especially when it comes to bullying. read
Mandela – A Titan Remembered (12/07/13) Art Hinshaw With the death of Nelson Mandela, without doubt the most significant political leader in my lifetime, lots has been written about his impact not only on South Africa but also on the world. And plenty is still to be written. 1 Comment
Mediation Positions vs. Interests (12/07/13) Cinnie Noble In the field of Alternative Dispute Resolution, mediators, among other things, help people in dispute come to a mutually acceptable resolution about issues they do not agree on. Each party typically holds a disparate perspective from the other on what constitutes an appropriate settlement. By the time they get to talk it out in the mediation process to see if they can resolve matters, they have often become entrenched in their positions and the relationship is suffering.
The Promise of International Commercial Mediation (12/07/13) Beth Graham Although international commercial arbitration has long been the preferred means of resolving cross-border business disputes, the international corporate community has become increasingly concerned about increasing costs, delays and procedural formalities. As a result, parties are looking for other means of resolving cross-border business disputes.
Task and Relationship Conflicts in Teams in WorkplaceMediation (12/07/13) Nick Redding Teams are an essential component of organizational life. In order for a team to get anything done, it’s members must find a way to work together effectively. Conflict practitioners commonly recognize three forms of conflict in teams: 1) task conflicts are disagreements over what the team is supposed to accomplish, 2) relationship conflicts occur when disagreements between members become personal, and 3) process conflicts
Was Your Board Meeting a Disaster? (12/06/13) Joanna Wares Everyone who has ever served on a board can relate to this question. Unproductive, one person dominated, a key person was not at the meeting, we never got to the most important part of the agenda, sound familiar? Navigating through important content, diverse personalities and time restraints can prove to be difficult in any circumstance but when consensus, disagreements over interpretation of the goals of the organization and personalities collide it can become a disaster.
Positions v. Interests (12/03/13) Cinnie Noble In the field of Alternative Dispute Resolution, mediators, among other things, help people in dispute come to a mutually acceptable resolution about issues they do not agree on. Each party typically holds a disparate perspective from the other on what constitutes an appropriate settlement. By the time they get to talk it out in the mediation process to see if they can resolve matters, they have often become entrenched in their positions and the relationship is suffering.
Who’s Been Getting More From Mediation? (12/03/13) Katherine Graham In many organisations, mediation plays only a limited part, and is done as an activity to resolve a specific conflict. But mediation is more than a specific process. It’s also a set of tools designed to help people let go of their anger and pain and arrive at win-win outcomes; and it’s a collection of values and beliefs which determine how we go about responding to conflict.
Modifying the Underlying Dimensions of the TKI Conflict Model (12/02/13) Ralph Kilmann Since the early 1970s, two dimensions have been used to plot the five conflict modes: Assertiveness and Cooperativeness (my attempts to satisfy my own needs versus my attempts to satisfy the other person's needs, respectively). Occasionally, these two dimensions were modified to Person A and Person B, as just another way of focusing on the needs and concerns of two people engaged in an interpersonal conflict.
Wait, Could We Both Be Right? (12/02/13) Karen Pelot This article demonstrates how positioned determined based on individual unique perspectives, while technically correct, may be completely wrong. It goes onto illustrate how mediators deal with situations wherein each “side” seems to be dealing with completely different circumstances.
Carta a un Amigo (11/22/13) Alberto Elisavetsky El representante de la Organización Panamericana de la Salud /Organización Mundial de la Salud (OPS/OMS) en Argentina, Dr. Pier Paolo Balladelli, se encuentra desde el 19 de septiembre en Amman (Jordania) para coordinar el Grupo de Soporte de Emergencia de la OMS , destinado a la ayuda sanitaria de la población de Siria y de sus vecinas Irak, Líbano, Jordania y Turquía
Warren Bennis, Mediators, and the RPM (11/22/13) Karen Hollett Warren Bennis, academic, consultant and author on leadership, once suggested that there are two ways to be creative. He said, "One can sing and dance. Or one can create an environment where singers and dancers flourish." I love that idea.
How Influential are Brain Scans? (11/22/13) Stephanie West Allen While visions of brain scans dance in our head, we may not be as impressed by them as we were a few years ago. Or maybe we never were all that impressed? Just how impressed were we—and how impressed are we now? These are questions to which we have yet to find clear answers.
The Secret Good Negotiators Know (11/22/13) Tammy Lenski Good negotiators know this secret: Persuade with your ears, not your mouth. Instead of trying to persuade by telling and then telling some more, lead with your curiosity. Good negotiators listen for: The reasons behind their position.
The Federalization of Consumer Arbitration: Possible Solutions (11/22/13) Beth Graham Over the past fifteen to twenty years, businesses dramatically increased the use of arbitration clauses in contracts with consumers. Although commentators criticize the use of arbitration to resolve consumer disputes because arbitration lacks the due process protections inherent in traditional litigation, efforts to regulate or eliminate the use of arbitration in this context have failed miserably.
Complex Civil Appeals (11/22/13) Jerome Falk More than 90 percent of civil cases are settled without trial. By contrast, most civil appeals are briefed, argued and decided by the court. In complex cases when large amounts of money are at stake, settlements pending an appeal seem to be the exception: such appeals frequently go forward to decision without a serious attempt to settle.
Adaptive Leadership and Conflict (11/15/13) Maria Simpson In Getting to Yes Fisher and Ury say the first rule of conflict resolution is to separate the people from the problem. What if Fisher and Ury were wrong and the problem really is the people?
Espanol: Finalizó el Primer Encuentro Federal de Mediadores (11/15/13) Alberto Elisavetsky El Encuentro Federal de Mediadores, organizado por el Ministerio de Justicia y Derechos Humanos de la Nación y el Ministerio de Justicia de Salta, duró tres días. Participaron personas de diversas provincias del país y de países de Latinoamérica. El segundo encuentro será en Buenos Aires, el año próximo.
Green Spaces and Aggression (11/15/13) Karen Hollett Many people have experienced how a walk in the woods on a beautiful Fall day can clear our minds and make us feel good. Whenever I have a problem to solve, I find that a walk on the river trail near my home helps me think more clearly and some of my best ideas seem to arise spontaneously while I am enjoying the colours, scents and sounds of the trail.
Beware the Bully Negotiator (11/15/13) Jan Frankel Schau I have just finished reading Professor Dwight Golann's excellent book, "Sharing a Mediator's Powers". It was timely in that last week I mediated a contentious wrongful termination case in which one of the advocates was a notorious "bully".
What is Your S.W.O.T.? (11/15/13) Phyllis Pollack A few months ago, I attended a board of directors meeting of the SCMA Education Foundation. At the meeting, the president started talking about "S.W.O.T. Analysis". Not having majored in business, I had no clue to what she was referencing.
Helping a Friend in Conflict (11/08/13) Tammy Lenski When friends, loved ones, and colleagues tell us about a conflict they’re experiencing, how we respond helps shape their conflict story. And what they do next.
Information Please (11/08/13) Phyllis Pollack There is a study by Art Hinshaw and Jess K. Alberts about ethics in negotiations using practicing attorneys from metropolitan Phoenix and metropolitan St. Louis, Missouri who were asked how they would react in hypothetical situations during mediation. The results indicated that only about 62% of the attorneys would act ethically in a hypothetical negotiation while 19% indicated they would not act ethically, and the remaining 19% were not sure how they would react in the hypothetical situation.
Mediating in Cases in Domestic Violence – Between a Rock and a Hard Place (11/08/13) Sabine Walsh The question of whether, and how, to mediate with couples who have experienced or are experiencing domestic violence or abuse has challenged and divided mediation professionals for many years now without consensus on how to handle such cases having been reached. Domestic abuse can be a contra-indicator for mediation for a number of reasons, mainly however that it is likely to compromise the equality of bargaining power, the free interaction with and the voluntary participation in mediation.
Contact is Good (11/08/13) Regina Kim Intergroup conflicts are prevalent in our society. In organizations, we often see tension between departments, units, workgroups and teams. Although workgroup relations in organizations should be cooperative and allow for positive intergroup contact, they have been found to provide fertile ground for intergroup conflict. Such conflicts have been shown to negatively affect employee well-being because they contribute to bullying and stress.
How You Can Make A Difference (11/07/13) Jason Dykstra This article discusses the Community Justice Initiatives. Since the Stride program has begun, they’ve supported 71 circles and in the past 3 years, only one of those women have ended up back in federal custody. The majority of women that have been through the Stride program have went on to have productive and successful lives.
Know Your BATNA and WATNA (11/04/13) Jan Frankel Schau Looking at your BATNA and WATNA, a term that most business students learn, but law students seldom know will make you look smart and may improve the outcome for your client, too.
Med-Arb and the Legalization of Alternative Dispute Resolution (11/04/13) Beth Graham Use of Med-Arb, a dispute resolution process incorporating both mediation and arbitration, is on the rise. Much of the recent interest in Med-Arb stems from the growing similarity between arbitration and litigation, and a resulting decline in Arbitration’s popularity. The formalization of mediation and arbitration provides incentives for combining the two and using Med-Arb to “correct” for the legalization of these ADR processes.
When to Use Mediation (11/04/13) Rebecca Foreman When is it the right time to use mediation? Our advice is always suggest mediation: explain its benefits; and encourage the party to talk to CMP without obligation, to see if mediation is the right option for them!
So What is this Different Kind of Legal Advocacy? (11/04/13) Michael A. Zeytoonian There is a special niche in the legal profession for the role of focused representation, serving clients as settlement counsel or collaborative counsel. As clients demand better value in legal services and as lawyers are driven to develop better ways to serve their clients, this new niche will continue to grow.
On Settling Employment Cases (10/25/13) Michael P. Carbone All too frequently the employment relationship leads to disputes that result in litigation. Mediators see a wide variety of claims, such as wrongful termination, harassment, discrimination, and violation of wage and hour rules.
Reflections on Conflict, Respect and the RPM (10/25/13) Karen Hollett The Reasonable Person Model describes the environmental conditions under which people are more likely to "be at their best." The model is premised upon three basic and simply articulated - but vitally important - domains which describe human needs and inclinations.
Begin the Mediation Before the Hearing (10/25/13) Jan Frankel Schau Call me old-fashioned, but I think it is critical to have a voice to voice conversation with every lawyer involved in a litigated case before the mediation begins. This week, I failed to follow my own cardinal rule because after the first conversation with the defense lawyer, I knew that my hardest effort would be to get his clients on board with an earnest interest in settling the dispute.
You Started It (10/25/13) Tammy Lenski Which one started it? I heard someone ask. I think her dog started it, replied the other, pointing to the chagrined-looking spaniel. A third person said, Well, you never know, the other dog might have sent a signal the spaniel didn’t like. On the discussion went as the bystanders tried to figure out which dog had started the 10-second ruckus.
The Good and bad of Eye Contact (10/25/13) Phyllis Pollack Is eye contact a good thing or a bad thing? Some will answer by saying it depends upon the person's cultural background as Westerners value sustained eye contact while Middle Easterners and/or Asians will view it as inappropriate. Others will answer by saying it depends on which study is under discussion. 1 Comment
The Importance of Culture in Conflict Resolution (10/25/13) Chris Poole At a Mediation Week panel discussion in New York, a panel of seasoned ADR professionals, including two JAMS mediators, a doctor of Anthropology, a New York Police detective and an organizational consultant, explored the role culture plays in conflict resolution.
Consistently Inconsistent: The Need for Predictability in Awards (10/25/13) Beth Graham In investment treaty arbitrations, the stakes are high. It is not uncommon for claims to be asserted for hundreds of millions of dollars, and for the costs to resolve such disputes to run into the millions of dollars. Despite the substantial sums involved in resolving such disputes, there exists no uniform practice on awarding costs and fees in investment treaty arbitrations.
Are You Always Right? (10/18/13) Joanna Wares When emotions are running high it is easy to discount the value of the opinions of others. This quote by Winston Churchill “The greatest lesson in life is to know that even fools are right sometimes.” is a great reminder that the other party may have ideas and insights that are worth exploring.
Lessons from Improv Actors for Negotiators (10/18/13) Jan Frankel Schau This week, I'm preparing a couple of talks on negotiation skills and conducting some research which has lead me to draw upon improvisational acting class. One of the cardinal rules of improvisational comedy, (as in negotiation), is "offer" and "acceptance".
Washington Could Use a Little More Mediation (10/18/13) Chris Poole Most of us were at least slightly frustrated by Washington’s inability to reach agreement over budget and debt limit issues in the past weeks and months. In fact this kind of dysfunction and brinksmanship has become more of a regular pattern than an aberration. Clearly the issues are complex as in any political debate and blame can be placed just about anywhere. 1 Comment
Are you a Nervous Negotiator? (10/18/13) Phyllis Pollack Do you have sweaty palms and a churning stomach whenever you have to negotiate something? Or, are you as cool as a cucumber during such events. A recent study indicates that your nervousness or lack of it affects the outcome of your negotiations.
Attorneys and Negotiation Ethics: A Material Misunderstanding? (10/18/13) Art Hinshaw Our research suggests that a true norm of ethical negotiation behavior exists within the legal profession. This conclusion is tempered, however, with the knowledge that a large minority of our research respondents — at times approaching one-third of them — engaged in unethical and even fraudulent behavior.
Incrementalism (10/18/13) Joe Markowitz Should we be celebrating the fact that Congress finally voted yesterday to allow the federal government to re-open and pay its bills? The bi-partisan agreement to re-open the government merely preserves the status quo for a short period, and leaves open the possibility of another round of brinksmanship very soon.
Does Freedom of Speech Have Limits? (10/15/13) Andrew Weisberg The case of Justin Carter has raised important issues regarding the line between Constitutional rights and public safety. If a person is accused of making a terroristic threat, however, he can be locked up during the investigation.
Negotiating With Fallible Memories: Buyer Beware (10/15/13) Phyllis Pollack When it comes to relying on our memories in negotiation, the cautionary tale is buyer beware! Once again, another study has been published demonstrating that our memories are quite fallible. They are simply not nearly as reliable as we think they are, and consequently, we should not rely on them in the courtroom (or in everyday life, for that matter.)
Getting Unhooked From Interpersonal Conflict (10/15/13) Tammy Lenski You’re familiar with hooks: Hooks for hanging coats, hooks for fishing, hooks for crocheting, hooks in computer programming, hooks in barbed wire. They share a kindred function: To intercept and snag, to catch and hold. But what is the role of a hook in mediation?
Keys to a Successful Personal Injury Mediation (10/15/13) Alex Polsky Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process.
Sticks and Stones May Break My Bones (10/15/13) Cinnie Noble Do you remember the expression “sticks and stones may break my bones but names will never hurt me”? If so, you may also recall, as I do, that it was (and may still be) a stock response to verbal bullying in grade school playgrounds. The meaning is evident and is simply described by one resource as follows: “A response to an insult, implying that ‘You might be able to hurt me by physical force but not by insults’.”