Dispute Resolution Systems Design

Dispute Resolution Systems Design

Increasingly, corporations recognize the value of a Program for managing workplace conflict that precludes litigation. These systems are designed by trained ADR consultants retained by the company on a contract basis. In order to implement such a Program, there must first be broad “buyin” from all segments of labor and management. Design consultants must therefore …

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Med-Arb for Your Business Dispute

Med-Arb for Your Business Dispute

In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century.  He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution such as “med-arb,” a process …

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What Does a Mediation Lawyer Do?

What Does a Mediation Lawyer Do?

What a mess. Recently, you were driving the middle car during a three-car accident.  Your car was totaled, you had to have leg surgery.  You have missed a lot of work and are way behind on many of your bills. You have been negotiating with all three insurance companies by yourself. You don’t think there …

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Personal Injury Case Checklist

Personal Injury Case Checklist

What is a personal injury case? A personal injury claim does not require physical injuries. Personal injury refers to a defendant’s failure to exercise care in a way that results in injury to another person or their property.  Have you been involved in an accident? Follow the personal injury checklists below. They will help you …

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Marriage Mediator: Why do You Need One?

Marriage Mediator

When couples are facing issues with their marriage and are starting to consider divorce, a marriage mediator may be an answer to saving the marriage that the couple did not know existed.  While most people associate mediation and marriages with divorce mediation, there is a growing practice with mediators stepping in before the parties are …

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A New Model of Intra-Corporate Conflict Resolution

Corporate Conflict Resolution

Executive turnover is costly.  Signing bonuses, search fees, severance packages, and much more bring estimates of the turnover cost of a “C-suite” employee to $1.5 million. Consulting firms estimate the cost at 1.5 to 3 times annual salary, or more.Yet executives don’t always mesh well.  Personality clashes, disagreements on corporate strategy, or the corporate governance …

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Emotions In Mediation

Emotions in Mediation

Bob had been Fred’s client for a long time.  Normally, he was low-key and easy-going. Not today.  He was angry and it showed.  His wife Keiko sat teary-eyed and sniffling next to him.‘Fred, I want you to make George Stevens’ life a misery, do you hear me?” “I hear you, Bob. But I don’t get …

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Take Control of Your Arbitration Costs

Take Control of Your Arbitration Costs

When parties lament the costs of arbitration, I wonder if as an arbitrator I need to undertake a review of what can be done to make things more efficient.As we begin 2012, I reflect back on a topic we all (practitioners and arbitrators) read and heard a lot about in 2011, namely managing, or indeed …

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The Power Of “And”

The Power of And

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 of achieving their …

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The D-List For C-Level Conflict

C-Level Conflict

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, and thus the goal is to …

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