What is a Value Conflict? Conflicts are an inherent part of social existence because we are in constant competition for resources. We also are in conflict because we have different goals and different ideas about our place in society, what our rights, duties, and responsibilities to other people are, and what constitutes right, wrong, …
Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers. In disputes where distributive bargaining …
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, …
I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting …
Capacity building is the process of evaluating a party’s ability to achieve their goals and solve issues that arise in their day-to-day operations. Capacity building also evaluates the party’s ability to expand its operations and capacity to achieve more of its goals in the future. Several broad types of capacity can be built as broad categories, …
Chances are if you’ve participated in any form of dispute resolution, there has been a point where you or someone working with you has suggested that you master your emotions. The suggestion is much easier said than done, as emotions are strong and can often feel overwhelming and uncontrollable. And in many circumstances, feeling and …
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.
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.
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
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.
