An example of the Power of Apology and Forgiveness
Forgiveness can help people restore themselves as morally acceptable members of society as seen by themselves and others.
Ethics
The Only Impartial Direction is Up
Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?
Hiro N. Aragaki: Things we know and think we know about Batna and Watna
This will likely be of most interest to scholars writing in this area. In the final analysis, I think John’s original complaint that we are using BATNA “wrong” may be better directed at WATNA. I do think that many of us—myself included—have not been particularly clear about what we mean by WATNA, and in this sense may be using the term incorrectly.
Passing of Roger Wolf
I am writing to share the news that Roger Wolf, a professor and pioneer of ADR in Maryland, passed away on Saturday, December 30, 2017.
Ben Davis: Fun with Technology, Arbitration Clauses and a Mock International Commercial Arbitration
As has been noted by Professor Stacie Strong, people should be very careful about drafting arbitration clauses. They can lead to many complications in just getting the arbitration started.
Mosten and Scully’s New Book on Unbundled Legal Services
Unbundling goes by many names, including “limited scope legal services.” Lawyers provide specified services to clients rather than “full service” representation. It’s like ordering food à la carte instead of a fixed, seven-course meal.
Stone Soup: Takeaways from new Hampshire Mediation Training
Recently, Susan Yates and I conducted mediation trainings on behalf of the United States District Court for the District of New Hampshire, the New Hampshire Judicial Branch Office of Mediation and Arbitration, and the University of New Hampshire, School of Law.
My Mother’s Legacy: Looking Forward, not Back
Both trial and mediation require a little “time traveling”. At trial, the lawyers ask the jury to fix their gaze upon a particular moment when an event occurred that caused their client to be damaged or caused a disruption in business or their lives.
Using the Holidays to Gain Perspective in Future Conflicts
In every conflict, and during every mediation, each disputant has an option of dwelling upon the misery of the past, or focusing upon the good that has come from ending the conflict and looking towards better days ahead. For me, Thanksgiving is a great opportunity to remind ourselves that gratitude is an attitude.
Gorillas in the mist
Counting passes of a basketball. Sounds easy, doesn’t it? But there is a famous experiment which shows that many people get so engrossed in a simple task such as counting passes by a group of basketball players that they completely fail to notice the guy in the gorilla suit who walks through the room.
