Business

Pre-Mediation Conferences

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.

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Business As Usual-2: Boys Will Be Boys

This one we’re calling “Boys Will Be Boys — It’s Human Nature.” Many people assume that boys fight. I know my boys did and I didn’t constantly try to break up their fights. I thought that they were inevitable, and it was important to let them learn how to resolve their conflicts on their own.

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The Challenge of Complex, Intractable Conflicts

We believe that society’s chronic inability to constructively handle intractable conflict constitutes a threat to human welfare that is at least as serious as that posed by climate change, infectious disease, or any of today’s other big social, political, economic, and environmental challenges.

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Why Can’t We Fix Anything Anymore?

The answer that Guy and I have is that almost all of the problems that they identify that are in need of fixing our underlain by conflict problems and we haven’t learned how to deal successfully with intractable conflict. Let me illustrate.
 

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Supreme Court Will Examine Difference Between “Arbitrability” and “Jurisdiction”

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.

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