Intergroup conflict might arise in any workplace, as there are a variety of groups working together to support and further the mission of the company. Some groups are defined by job title—the accountants, the lawyers, the marketing team. Other groups are defined by project or subject area. Still, others may be defined by the level …
Read moreIntergroup Conflict: Causes, Consequences, and Solutions
James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.
Workplaces are often a place of friendly competition, where coworkers work against each other to climb to the top of the profession. Workplaces also have a social factor to them as well because employees look for friends and acquaintances to make the workday more enjoyable. The combination of these elements can often lead to groups …
Read moreMobbing: A Form of Emotional Abuse in the Workplace
Many people participate in arbitrations every day. Arbitration covers disputes from business practices to disputes over fees to international investments. Parties may choose arbitration before or after a dispute arises, often by contractual terms. Businesses will opt for arbitration over litigation to save time and money when settling grievances before them. With arbitration becoming a …
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.
One of the issues before the Court is particularly interesting: Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.
The Supreme Court has granted certiorari to review the decision of the 1st Circuit in Oliveira v. New Prime, Inc. (No. 15-2364, May 12, 2017). One of the issues before the Court is particularly interesting: Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.
JAMS Rule 11(b) provides: “Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought ? shall be submitted to and ruled on by the Arbitrator.
There aren’t many benefits to being in a bad mood, even if that’s your reliable, long-standing default mode. Being in a bad mood can make you less effective, less open to creative solutions, and due to stress, it can affect your health. Most peoples’ jobs have a degree of stress, some much more than others.
Chances are you heard this wise advice from your Mom when she reminded you that if you can’t say something nice, don’t say anything at all.
