Value Conflicts Explained

Value Conflicts

What is a Value Conflict? Conflicts are an inherent part of social existence because we are in constant competition for resources.   We also are in conflict because we have different goals and different ideas about our place in society, what our rights, duties, and responsibilities to other people are, and what constitutes right, wrong, …

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What is capability building?

Capacity building is the process of evaluating a party’s ability to achieve their goals and solve issues that arise in their day-to-day operations.  It also evaluates the party’s ability to expand its operations and capacity to achieve more of its goals in the future.  Several broad types of capacity can be built as broad categories, …

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Mastering Your Emotions in Conflict Resolution

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.  The suggestion is much easier said than done, as emotions are strong and can often feel overwhelming and uncontrollable.  And in many circumstances, feeling and …

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Game Theory, Negotiation, and the “Black Box”

James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.

Transformative Moments in Commercial Mediation

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.

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

One of the issues before the Court is particularly interesting:  Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.

Supreme Court Will Examine Difference Between “Arbitrability” and “Jurisdiction”

The Supreme Court has granted certiorari to review the decision of the 1st Circuit in Oliveira v. New Prime, Inc. (No. 15-2364, May 12, 2017).   One of the issues before the Court is particularly interesting:  Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.

Use of JAMS Rules Constitutes Clear and Unmistakable Delegation of Arbitrability to Arbitrator

JAMS Rule 11(b) provides: “Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought ? shall be submitted to and ruled on by the Arbitrator.

Lessons for Mediation from a Toddler’s View

Mediation can be hard.  Often, the parties start out a great distance apart, work towards narrowing the gap, but occasionally can’t quite straddle the gulf to come to an agreement in a single day.  Last week, I gave my final lesson to my students at Pepperdine on sophisticated steps for breaking an impasse.  I told them that it was a matter of both skill and faith.

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