Dispute Resolution Continuum

ADR Continuum - ADR Times

­­ We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …

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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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Unleashing The Healing Benefits of an Effective Workplace Investigation

The average working American devotes more time to work than to family, leisure, or even sleep.According to the Bureau of Labor Statistics, time spent working beats time spent sleeping by an entire hour. Given the amount of time and energy we spend at work—plus the fact that conflict is a frequent and natural byproduct of …

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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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Is Settlement Counsel a New Trend in Litigation?

George nervously drummed his fingers on the desk. He was torn. On the one hand, he’d known this lawsuit ought to settle the moment Brad Givens retained him. The facts were weak, the law was unsettled, and Brad could make real money in partnership with the defendants, if they could stop shouting at each other.But …

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The Zen-Resolution Revolution

Ever have one of those moments where you were just so frustrated that you couldn’t think straight? Where all you could think about was the problem or source of your anxiety or anger? Where you couldn’t stop thinking about it – milling about it – no matter how hard you tried? Of course you have, …

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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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Workplace Behavior Rewarded is Behavior Repeated

Behavioral Psychology is a well-known method used across the world for everything from training dogs to treating phobias. B.F. Skinner is one of the most widely recognized contributors to Behaviorism and brought us the idea of “operant conditioning”—the idea that we can condition ourselves and others through the use of reinforcements. Operant conditioning suggests that …

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Organizations Need to Get Better at Detecting Conflict

Imagine a town where the streets are constantly filled with police, but where there are no burglar alarms. There may be so many police that crime is low, since every street corner is always being monitored, but the resources and manpower required to field such a large force is overwhelming. Now, imagine if that same …

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