Asking questions is one of the most powerful – and often misused – tools for professionals in dispute resolution settings, whether legal, workplace, mediation or anywhere. When you are dealing with high-conflict clients, it is especially important to consider the timing of different types of questions and also to know what questions you should never ask.
From New York, an interesting institutional approach to small-stakes dispute resolution: the Office of Administrative Trials and Hearings (OATH).According to the article, OATH was created in 1979 as an “independent alternative” to internal agency tribunals.
I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. Lately, I’m seeing more and more pre-mediation conferences being held in complicated cases or cases where the prospects of settlement seem less likely.
Heidi and I would like to welcome you to Moving Beyond Intractability and the Massive Open Online Seminar Series. In this video we want to give you a quick overview of the rationale for the project and a bit of a preview of what you might expect.
Heidi and I would like to welcome you to Moving Beyond Intractability and the Massive Open Online Seminar Series. In this video we want to give you a quick overview of the rationale for the project and a bit of a preview of what you might expect.
I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me.
Peter Joy (Washinton University School of Law) has published “The Uneasy History of Experiential Education in U.S. Law Schools,” forthcoming in the Dickinson Law Review and available here. The abstract: This article explores the history of legal education, particularly the rise of experiential learning and its importance.
This one we’re calling “Boys Will Be Boys — It’s Human Nature.” Many people assume that boys fight. I know my boys did and I didn’t constantly try to break up their fights. I thought that they were inevitable, and it was important to let them learn how to resolve their conflicts on their own.
