Defining Partiality

Defining Partiality

How to define partiality? Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define.  I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …

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Types of Mediation: Evaluative, Facilitative, and Transformative

Understanding the types of mediation is a vital skill when preparing for and participating in mediation.  Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them.  It is also …

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The Mediation Community’s Dirty Little Secret

We are a great group of people, us mediators. We understand how emotions and values play into conflict, we recognize the power in a solution that fits both parties’ needs, and we approach the world with a quiet confidence that any disagreement can be resolved. I love that about us. Too bad we don’t always …

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Individualist vs. Collectivist Peacemaking

“Blessed are the peacemakers.” We value peacemakers. We may even aspire to be among them. But often we have no firm conception of what it means to “make peace.” Does it mean to cause the cessation of conflict, by whatever means? Or does it refer only to non-violent efforts to mediate disputes, or to bring …

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Peacemaking

I use the term peacemaking to describe the values and processes involved in transforming difficult and intractable conflicts. Peacemaking encompasses mediation; however, mediation, especially mediation of litigated disputes, does not necessarily include peacemaking. Knowing the difference is useful because it can influence the processes and interventions used by mediators. Join now to enjoy full access …

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Dispute Resolution Systems Design

Increasingly, corporations recognize the value of a Program for managing workplace conflict that precludes litigation. These systems are designed by trained ADR consultants retained by the company on a contract basis. In order to implement such a Program, there must first be broad “buyin” from all segments of labor and management. Design consultants must therefore …

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The Fundamental Attribution Error in Mediation

Have you ever had someone blame you for something when there was nothing you could have done to change the situation? For example, have you ever made a promise to someone (say, to be at a certain place at a certain time) had something come up, and then have them become offended – where they …

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The Arbitrability of Intellectual Property Disputes

Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes.Among these advantages are: – party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), – certainty of forum (the risks of inconsistent results can be …

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How to Fire an Employee without Getting Sued

I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases.  While there’s no way to guarantee a lawsuit won’t …

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Merger & Acquisitions and Mediation

Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive planning by the stakeholders. …

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