By Scott C. Van Soye It’s after lunch, and Fred’s feeling pretty good as he sorts through today’s mail. Ah! There it is, Tom Smith’s response to Fred’s settlement offer in Ajax Accounting v. Johnston. It’s a solid offer, and Fred smiles as he thinks about the vacation he’s going to take during what are …
By Howard Stern Using Education to Reach Resolution in Palestinian-Israeli Conflict When I started out as a mediator, I soon learned that parties don’t always tell the truth and parties do not always disclose all the facts of a case. Only by exploring areas where the parties don’t want to go, do I find underlying …
By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, previously had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye (now Managing Editor of ADR Times), to discuss Mr. Van Soye’s insights into the emotions and typical negotiation dynamics of mediation, his unique perspective into employment and disability cases, and …
By Bill Eddy One day I was meeting with a husband and wife for their second or third divorce mediation session. They were high-powered, both in upper management positions. I thought that their family mediation would be like a business meeting. But no! At the beginning of this session, the husband leans over shaking his …
Can you back out of a settlement agreement if you have changed your mind? Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you. The gulf between initial expectations and final settlement can be …
Are you looking for mediation tips and tricks that work? America has a well-deserved reputation as the most litigious society in the world. Culturally, there is a significant focus on vindicating rights and on winning and competition as ends in themselves. While involvement in litigation is viewed as shameful in some societies, Americans generally view …
Conflict resolution models are a helpful tool when the inevitable conflict in a relationship shows up. Conflict is a part of everyday life, and there are a variety of ways that people deal with conflict. Each strategy for resolving conflict will have strengths and weaknesses, and no one model will perfectly resolve every conflict. Evaluating …
Preventing and avoiding conflict is a basic human need and reaction. Conflict can be messy, emotionally, and overwhelming, so if it can be prevented, most of us would choose to do so. Unfortunately, conflict is a part of everyday life. It can be difficult to avoid it entirely without creating a life that holds nothing …
Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently. Binding mediation, often called mediation-arbitration or med-arb, is a process where the parties to a dispute agree to submit the dispute to mediation, but if an agreement cannot be reached, the mediator will then become an arbitrator and issue …
When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association. It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …