Nicole was frustrated: “I know I’m behind on the rent – business is slow and I can’t afford $9,000 a month for this place! George needs to get real! He’s made a ton of money from me. He needs to stop being so greedy… I only can pay $7,000 a month… at least until business …
By Zachary Ulrich Have you ever had someone in your life with whom you just couldn’t seem to get along? A family member, perhaps? Maybe a colleague? A customer, supplier, or client? All of us have had seemingly “conflict-laden” relationships, and those relationships can be the sources of some of our most painful stress. Sometimes …
By Jasper Ozbirn That I am writing this article tends to prove the thesis of this article— different generations have different goals and priorities regarding career, life, and workplace. In the spirit of full disclosure, I border Generation X and Y, and identify with characteristics of both groups. In line with Generation X-ers, I believe …
By Bill Eddy, LCSW, Esq. Is the most common complaint I get about high conflict people in the workplace. They are everywhere, and seem to be increasing these days – from the lowest supervisor to the self-destructive owner of the business. They generally seek positions over others in order to help themselves feel better about …
By Mikita Weaver, Esq, MDR When sitting around the mediation table, sometimes it pays to be intentional about your choice of drink. It may be a source of comfort for the parties. It may bring calm. It may bring peace between the parties if only for a moment and possibly create a space for resolution. …
By Thomas J. Stipanowich These days arbitration seems to be everywhere. Binding pre-dispute arbitration provisions feature in all kinds of contracts; the Supreme Court regularly issues pro-arbitration decisions; and there has never been more discussion about how to employ arbitration fairly and effectively. But these realities underpin and point up twin challenges facing arbitration. First, …
By Eric Epstein It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine …
By Jeffrey Benz When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient. As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, …
By Dale Eilerman The word “and” is short but powerful. It connects as well as includes. It adds rather than negates. The word “and” provides energy in collaboration and contributes momentum toward synergy. This word enables people with differing perspectives to find common ground. It can supply motivation when opposing parties may be losing hope …
By Jasper Ozbirn It is common knowledge among mediators, as well as the general public, that the unlicensed practice of law (UPL) is illegal. While there is some debate on what constitutes the “practice of law,” the rule is clear that a mediator may not practice law. On the other hand, many consider experienced attorneys …