Prevalence of Employment Arbitration is Measured

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes. Alexander J.S. Colvin of the Economic Policy Institute in Washington, D.C., has concluded that, “since the early 2000, the share of workers subject to mandatory arbitration has more than doubled and now exceeds 55 percent.”


Market Disruption, Anyone?

Recently I attended a Mediation Summit in Hangzhou, China, and with some other American colleagues I was given a tour of the West Lake District Court in Hangzhou, China.  The lobby had arrows pointing ahead for “lawyer service,” to the left for “court,” and to the right for “mediation and rapid arbitration.”

Mediating tragedy: deciding who gets What When disaster Strikes

Kenneth Feinberg is a mediator who sleeps well every night after getting countless victims of America’s most notOrious tragedies to “yes.” Feinberg, a lawyer, mediator, and author of the new book, “Who Gets What: Fair Compensation after Tragedy and Financial Upheaval,” concedes that sometimes he wishes he also held degrees in divinity and psychology.

Critical mistakes lawyers make in mediating employment cases

The mediator is already in the other room with your opposing counsel breaking the ice and getting a better understanding of the fine points raised in their brief Your case involves an egregious set of facts arising out of an abrupt termination of a 17-year employee after being diagnosed with a frozen shoulder, which required surgery and possibly a long recovery period.

Mean what you Say and Say What you Mean

My mother was a clear communicator.  Once in awhile, it was misinterpreted badly, but you always knew where you stood with her.  For example, she would say to my niece, “Those jeans look great on you.  They don’t make your rear-end look nearly as big as the white ones you had on last weekend.

Civility in Public and Private Discourse

A distressing proportion of political talk in 2017 includes name-calling, hateful rhetoric, and a complete refusal to listen to or think about the interests, needs, or beliefs of “the other side.”  As our partisan divide grows ever-deeper, advocates on both sides are simultaneously pleading for civility and going for the kill


Disputants can be categorized as inactive or active. Active disputants (more commonly called “activists” or “advocates”) are people with a cause who are actively pursuing that cause through nonviolent — or even sometimes violent — “direct action.” 

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