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.
I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. Lately, I’m seeing more and more pre-mediation conferences being held in complicated cases or cases where the prospects of settlement seem less likely.
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.
The University of Colorado Conflict Information Consortium, directed by Guy and Heidi Burgess, was founded in 1988 with a grant from the William and Flora Hewlett Foundation. It was–and still is–a multi-disciplinary center for research and teaching about conflict and its transformation.
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.
Heidi and I would like to welcome you to Moving Beyond Intractability and the Massive Open Online Seminar Series. In this video we want to give you a quick overview of the rationale for the project and a bit of a preview of what you might expect.