Transformative Moments in Commercial Mediation

Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers.

Mall Smoothie Does Not Bind Teenager To Mom’s Arbitration Agreement With Credit Card

With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not.   The arbitration agreement specifically applied to claims made by authorized users of the account.  

ABA Conference Sessions You Might Enjoy

I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me. 

Joy On The History Of Experiential Education

Peter Joy (Washinton University School of Law) has published “The Uneasy History of Experiential Education in U.S. Law Schools,” forthcoming in the Dickinson Law Review and available here. The abstract: This article explores the history of legal education, particularly the rise of experiential learning and its importance.

You can make a Stone Soup at ABA Conference

This project is designed to engage younger people in our field and the Section.  If you see them at the conference, please introduce yourself and make them feel welcome.  You will be able to recognize them as they will have special ribbons on their nametags

Unmet Human Needs

Humans need a number of essentials to survive. According to the renowned psychologist Abraham Maslow and the conflict scholar John Burton, these essentials go beyond just food, water, and shelter. 

Stone Soup: How to make the most in a Continuing Education Program

I think that one of the best questions is about the problems that participants experience in their work.  This is a great question to ask at the beginning of a program because it can help presenters relate the material throughout the event to participants’ own experiences.  

Principles and Optimism/Realism and Compromise

As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!” I take this with a grain or two of salt because I have learned that if the other party becomes sufficiently generous in the offer, the “principled” party will accept the generous terms and settle.

error: ADR Times content is protected!