I had a bizarre mediation the other day. As usual it was a lemon law matter but this time it involved both the manufacturer and the dealer. Unlike many other instances, the manufacturer did NOT agree to have its counsel also represent the dealer or to indemnify the dealer….
“God, grant me the Serenity To accept the things I cannot change… Courage to change the things I can, And Wisdom to know the difference.” (The Serenity Prayer)….
Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines. To make matters worse, the higher-ups do what they want, when they want…
Victoria Pynchon’s Settle It Now blog is on my daily list, and a recent post brought to our attention an interesting study on whether, by certain objective standards, attorneys get in the way of mediators’ work.
When parties negotiate, they usually expect give and take. While they have interlocking goals that they cannot accomplish independently, they usually do not want or need exactly the same thing.
The use of technology in Alternative Dispute Resolution processes has been widely discussed: the spread of communication technology, the introduction of Regulation from the European Union….
From New York, an interesting institutional approach to small-stakes dispute resolution: the Office of Administrative Trials and Hearings (OATH).According to the article, OATH was created in 1979 as an “independent alternative” to internal agency tribunals.
There are two times a peace builder has to be persuasive, has to pitch and present. Typically, peace builders (similar to many other professionals) are good at one and poor at the other….
Readers will recall that last year’s newsletter was a series of “Life Lessons”, in tribute to my late mother. This year, I am happy to report that I am learning and re-learning new life lessons through the eyes of the next generation, my granddaughter. Like “My Mother’s Legacy”, these are lessons that serve me well as I apply them to mediation.
When organizations undertake critical projects, the sheer scale of the undertaking provides ample opportunity for conflict and disputes to occur, deepen and escalate.
The 2017 Presidential election in the United States was a “wake up call” for many people. Many of us were not aware of the depth of the distributional–and moral–divide in this country.