Confusing Dispute Resolution Jargon

Confusing Dispute Resolution Jargon

In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …

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Texas Arbitration Act

Texas Arbitration Act

The Texas Arbitration Act is the governing law over arbitrations occurring in Texas.  The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state.  While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …

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Association for Conflict Resolution 2011 Peacemaker Award

Tim Pownall on behalf of the PACIS project in faithbased diplomacy accepted the 2011 Peacemaker Award given each year by the Association for Conflict Resolution. The Association for Conflict Resolution (ACR) is an organization committed to awareness of conflict resolution in the public. ACR’s vision is that “All people know their choices for conflict resolution.”As …

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Justice vs. Fairness and the World of ADR

Justice vs. Fairness

Justice and fairness are words that have found their way to the front of our minds this year in the United States.  The country has been facing increased calls for justice and fairness for all Americans, regardless of the color of their skin or other characteristics.  As the year has continued, many people have had …

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Passing of the Torch RBG – Who Will Dissent?

Passing of the Torch Ginsberg

On Friday, September 18, Supreme Court Justice Ruth Bader Ginsburg passed away at age 87 (1933-2020). I was still working (remotely) when I heard the news. The group texts began to slowly roll in. The news alerts started popping up on my phone. A friend called and we commemorated the life of “Notorious RBG” and …

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Mall Smoothie Does Not Bind Teenager To Mom’s Arbitration Agreement With Credit Card

With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not.   The arbitration agreement specifically applied to claims made by authorized users of the account.  

You can make a Stone Soup at ABA Conference

This project is designed to engage younger people in our field and the Section.  If you see them at the conference, please introduce yourself and make them feel welcome.  You will be able to recognize them as they will have special ribbons on their nametags

Stone Soup: How to make the most in a Continuing Education Program

I think that one of the best questions is about the problems that participants experience in their work.  This is a great question to ask at the beginning of a program because it can help presenters relate the material throughout the event to participants’ own experiences.  

Difficult Conversations in the Modern Era of (anti-) Social Media

Virtually everyone in our field knows about the wonderful book, Difficult Conversations: How to Discuss What Matters Most, by Douglas Stone, Bruce Patton, and Sheila Heen.  It focuses on everyday conversations and not just crystalized disputes. 

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