Dispute Resolution Continuum

ADR Continuum - ADR Times

­­ We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …

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Resolving Problems with Collaborative Conflict Style

The idea of collaborative conflict style tends to call to mind thoughts of compromise or win/win solutions. For some people, the idea of collaboration is exciting because it is a way to come to a solution that is mutually agreeable for everyone, and everyone is able to leave the conflict on good terms. However, for …

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7 Significant Steps to Prevent Employee Litigation

PROBLEMS, PROBLEMS EVERYWHERE…Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines.  To make matters worse, the higher-ups do what they want, when they want… and then they come to tell you about …

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The Broken Family

The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know that the literal fruits of their labors feed people, and they are proud of their role in society. They are strong believers …

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Protecting the Client in Mediations

As a civil litigator who has been involved in over 300 mediations, VSCs and MSCs, on three occasions, I was thrown for a loop when my clients suddenly changed their minds on continuing down the litigation path contrary to my recommendation.  The following cases taught me some good lessons. Join now to enjoy full access …

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Bad Fences Make Bad Neighbors

“They’re just sore losers,” Myrna said. She had called me to ask whether I’d mediate between her and her neighbors, who were complaining about a fence she’d built and various other things. She’d won in arbitration, but the Smiths didn’t like the arbitrator’s decision, so they sued her in state court. The court told them, …

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Power in Negotiation

Physics defines power as work divided by time. Work, in turn, is the application of force in a direction. Power, then, can be thought of as the ability to get things moving (more) quickly in a desired direction. The same definition applies in social interactions like negotiation.  Power is the ability to get desired things …

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The Healing Power of Reconciliation Moving Past Divorce

After separation and during the divorce process, you likely have become angry, resentful, and hostile towards your spouse. When our relationships become threatening, such as a damaged marriage relationship, we protect ourselves by forming a negative image of the other person. This negative image helps us live on with our lives, without experiencing psychological disintegration. …

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Mediation as the Unlicensed Practice of Psychology?

It is common knowledge among mediators, as well as the general public, that the unlicensed practice of law (UPL) is illegal. While there is some debate on what constitutes the “practice of law,” the rule is clear that a mediator may not practice law. On the other hand, many consider experienced attorneys and judges to …

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What are the five methods of dispute resolution?

Understanding just what the five methods or strategies of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process.  This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs.  The …

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