By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, had the opportunity to sit down with expert international mediator and arbitrator Eric van Ginkel, and discuss topics including the role of culture and language in international disputes, differences between international and intranational conflicts, and Mr. van Ginkel’s career as a neutral. A consummate commercial …
By Mikita Weaver I was fortunate enough to attend a Horse Race in Hong Kong. I heard about the race from a friend I met while traveling who just so happened to be a horse jockey in the United States. We were both eager to see what proved to be an exhilarating cultural experience. Apparently, …
By Mikita Weaver, Esq, MDR When sitting around the mediation table, sometimes it pays to be intentional about your choice of drink. It may be a source of comfort for the parties. It may bring calm. It may bring peace between the parties if only for a moment and possibly create a space for resolution. …
By Eric Epstein It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine …
By Dale Eilerman The word “and” is short but powerful. It connects as well as includes. It adds rather than negates. The word “and” provides energy in collaboration and contributes momentum toward synergy. This word enables people with differing perspectives to find common ground. It can supply motivation when opposing parties may be losing hope …
The book Buddha’s Brain: The Practical Neuroscience of Happiness, Love & Wisdom was published in 2009 by Dr. Rick and Hanson and Dr. Richard Mendius with the intention of blending the latest findings in neuropsychology with a general framework for healthy living. The piece was designed to be a comprehensible, accessible book aimed at helping …
By Kristofer Michaud Family mediation evolved separately from civil and commercial mediation because it addressed specific needs and concerns, and faced different challenges. Unlike in civil mediation, where the subject of mediation can be any claim traditionally litigated in tort or contract, family mediation deals chiefly with dividing marital assets, determining child custody and visitation, …
Those who know the Mafia only through the media will probably have trouble believing that the Mob goes to great lengths to avoid violence. The “Docile Don,” Angelo [Bruno] hated violence and valued negotiation and peace above all. – George Fresolone and Robert J. Wagman, Blood Oath The Mob’s main instrument for resolving disputes is …
Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what? Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process. The co-opting of ADR into litigation has changed it. For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …
By Amy L. Lieberman, Esq. C- Level and senior executive conflicts are a different animal. Significant amounts of money and even entire businesses can be at stake. Personalities can be larger than life. Conflict at this level of any company requires both a pragmatic and diplomatic approach. Individual and even corporate reputations can be ravaged, …