Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …
Conflict is often painted in a bad light. It can make people feel uneasy and often contributes to the breakdown of relationships. However, not all conflict is destructive, and there are times when conflict may be beneficial for a situation or relationship. The idea that conflict will have either constructive or destructive results is the …
Communication is an important part of any workplace or group setting, and a key component of reaching agreements. When communication is healthy, a workplace or group can be productive and reach its objective. When communication breaks down, other aspects of the workplace begin to fall apart as well. In some cases, communication breaks down as …
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. In disputes where distributive bargaining …
Many of us try and avoid conflict at all costs. This can include changing our actions and statements to avoid causing conflict. However, conflict is an inevitable part of life, and even the most vigilant of conflict-avoiders will run into a conflict of some kind. For most, the conflict that arises will be situational, or …
With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …
One of the best ways to learn about a topic is through examples; ineffective communication is no different. Unfortunately, many people struggle to identify ineffective communication because the examples they have been given are either too obvious, unhelpful, or so specific to a situation that they are not replicable in the real world. Because of …
There are five main approaches to conflict resolution that people and parties can use when there are in the midst of a conflict. Most people will have a specific approach or style that works for them or is their default approach. However, any person can use any one of the approaches with a little practice. …
By Scott Van Soye “Our General Counsel is the only guy at IBM with an unlimited budget… and he always exceeds it.” “Of course, general counsel recognize that all businesses, including law firms, must make a profit but, given the pressures they currently face, getting “the most bang for the buck” is an imperative.” Which …
By Bill Eddy, LCSW, Esq. Hostile mail – especially email – has become much more common over the past decade. Most of this mail is just “venting,” and has little real significance. However, when people are involved in a formal conflict (a divorce, a workplace grievance, a homeowners’ association complaint, etc.) there may be more …