Chances are if you’ve participated in any form of dispute resolution, there has been a point where you or someone working with you has suggested that you master your emotions in conflict. The suggestion is much easier said than done, as emotions are strong and can often feel overwhelming and uncontrollable. And in many circumstances, feeling …
Capacity-building activities help a party to achieve its goals and solve issues that arise in its day-to-day operations. Capacity building evaluates the party’s ability to expand its operations and capacity to reach more of its goals in the future. Several broad types of capacity can be built as general categories, but capacity can be made …
Since a real-world model for ethics in negotiations doesn’t exist (yet), there is a lot of room for ethical ambiguity that can be easily exploited. Since negotiation is an essential part of life, understanding the norms of ethics and negotiation can be incredibly useful when you are negotiating for yourself on behalf of someone else. Whether you’re …
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 …
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …
By Illece Buckley Weber 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. Mediation #1: …
By Zachary Ulrich Imagine a town where the streets are constantly filled with police, but where there are no burglar alarms. There may be so many police that crime is low since every street corner is always being monitored, but the resources and manpower required to field such a large force is overwhelming. Now, …
Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court. A lot of people could probably recite the oath from memory as well. Yet many people may not understand the purpose of …
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.
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.