Dealing with Conflict Avoiders

Dealing with Conflict Avoiders

Conflict is an inevitable part of life. It will be present wherever there is social interaction. We compete and conflict over scarce resources, perceived insults, and in the search for dominance. But not everyone deals with conflict in the same way. There are five basic styles of conflict management. They are: Competition — The pursuit of …

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Understanding and Working with Blame

Understanding & Working With Blame - ADR Times

By Zachary Ulrich The Fundamental Attribution Error In Mediation Have you ever had someone blame you for something over which you had absolutely no control? If you’ve ever been late to a meeting, been framed by a sibling growing up, or otherwise haven’t lived under a rock your entire life, you know what I’m talking …

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Bad Fences Make Bad Neighbors

Bad Fences Make Bad Neighbors

“They’re just sore losers,” Myrna said. She had called me to ask whether I’d mediate between her and her neighbors, who were complaining about a fence she’d built and various other things. She’d won in arbitration, but the Smiths didn’t like the arbitrator’s decision, so they sued her in state court. The court told them, …

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The Broken Family

The Broken Family

The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know that the literal fruits of their labors feed people, and they are proud of their role in society. They are strong believers …

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The Arbitrability of Intellectual Property Disputes

Arbitration Faces Challenges On Two Fronts

Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes.Among these advantages are: – party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), – certainty of forum (the risks of inconsistent results can be …

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What Matters Most At Impasse

What Matters Most AT Impasse

I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns in a bottom …

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Overcoming Communication Breakdown By Finding Common Ground

Overcoming Communication Breakdown - ADR Times

Communication breakdown often leads to the doorway of anger, resentment, hostility, and the filing of a lawsuit. Often this doorway leads a prospective client to a member of the local bar. They sit down and together they discuss the merits of a potential lawsuit.Today’s top law schools such as UC Berkeley, Stanford, and Pepperdine (to …

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Mediating With Insurance Companies – 10 Ways To Be Successful

It’s no secret that insurance carriers have altered their practices in the past several years. Authority and independent judgment they previously possessed has been removed from adjusters, managers, and supervisors as executives in the companies strive for uniformity in claims handling and ironclad control over settlement decisions. Rarely at mediation is there a person present …

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Organizations Need to Get Better at Detecting Conflict

Detect Conflict at Work

Imagine a town where the streets are constantly filled with police, but where there are no burglar alarms. There may be so many police that crime is low, since every street corner is always being monitored, but the resources and manpower required to field such a large force is overwhelming. Now, imagine if that same …

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