Communication

The Simple Act of Kindness in Mediation

Last weekend was Father’s Day and I took note of two stories that seemed useful in mediation. The first, was on CBS Sunday Morning where the editorial piece reflected upon how student athletes, from Little League through College, end each game, however hard fought, with a handshake and a “high five”. 

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Tales From The City

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.

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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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Transformative Moments in Commercial Mediation

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.

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Conflict Information Consortium

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. 

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