One of the reasons I feel so strongly about the value of the Stone Soup Project is that it inspires us to develop deeper understandings about how conflicts unfold.
Readers will recall that last year’s newsletter was a series of “Life Lessons”, in tribute to my late mother. This year, I am happy to report that I am learning and re-learning new life lessons through the eyes of the next generation, my granddaughter. Like “My Mother’s Legacy”, these are lessons that serve me well as I apply them to mediation.
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.
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.
With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not. The arbitration agreement specifically applied to claims made by authorized users of the account.
Dispute resolution is defined broadly and includes dispute system design, conflict management, organizational decision-making, dispute prevention, and transactional negotiation, among other things.
They typically involve many parties and concern an intricate set of historical, religious, cultural, political, and economic issues.
n Wells Fargo Advisors, LLC v. Sappington, 2018 WL 1177230 (2d Cir. March 7, 2018), a putative class of former Wells Fargo employees brought suit for unpaid overtime (FLSA).
Since we started the Project about a year ago, we have engaged almost 1000 students in 40 classes covering 12 subjects, taught by 32 faculty from 25 schools in 3 countries.
The International Institute for Conflict Prevention and Resolution (CPR) gave its award for outstanding professional article to our own Art Hinshaw as well as Stephanie Cohen and Mark Morril, and to Lynn Cohn for a short article.
Like many of you, we are thrilled to see a session added to the program about “living room conversations,” where Section of Dispute Resolution Chair Ben Davis will speak about Dr. Martin Luther King Jr. on the occasion of the 50th anniversary of his assassination. We agree with Ben about its importance and relevance, and we urge everyone to participate.