Many people have gone through, or at least heard of, divorce mediation. In that process, parties try to reach agreement about the division of property, spousal and child support, custody and visitation. Of course it doesn’t solve everything. All of these ideas are fairly familiar.
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.
Clarification isn't a new topic; looking at it from a holistic perspective maybe -- when we clarify, we make our awareness field & consciousness clear. Allow me to clarify… The Mind operates on...
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.
“TAPS,” which stands for Teens And Police Service academy, is an eight-week program where kids learn about conflict resolution, self esteem, and having a better relationship with police….
Readers will recall that last year’s newsletter was a series of “Life Lessons”, in tribute to my late mother. This year, I am happy to report that I am learning and re-learning new life lessons through the eyes of the next generation, my granddaughter. Like “My Mother’s Legacy”, these are lessons that serve me well as I apply them to mediation.
The 2017 Presidential election in the United States was a “wake up call” for many people. Many of us were not aware of the depth of the distributional–and moral–divide in this country.
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.
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.
The University of Colorado Conflict Information Consortium, directed by Guy and Heidi Burgess, was founded in 1988 with a grant from the William and Flora Hewlett Foundation. It was–and still is–a multi-disciplinary center for research and teaching about conflict and its transformation.
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.