Hybrid Processes

Tired of Feeling Divided? – Part 1

The word on the street is that U.S. politics are more polarized today than they have been since 1879, just after the U.S. Civil War. The good news is that this is half wrong. The data tells us that when it comes to such things as strength of party affiliation and political ideology (Liberal versus Conservative), we have actually been holding steady for several decades. What Americans can do to De-Polarize our Nation

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CFPB Arbitration Rule Overturned

It was considered by many to be an important step in protecting consumers with respect to credit card and financial services disputes, especially because it is generally not feasible to pursue individual arbitrations on these small dollar claims.

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Decision Tree Analysis

Decision tree analysis is a valuable tool for evaluating settlement options in mediation. It’s a tactic we employ with even the most mundane decisions. For instance, as we consider crossing a busy street, we’re unconsciously weighing the “reward” of being across the street — along with our probability of safe passage — against the risk involved.

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Constructive Confrontation

We do not want to imply that “being nice” is all that is needed to get “the other side” to agree with you or to reach win-win agreements.  Many of our deep differences are based on fundamental moral differences and identity issues that people do not compromise about  So conflict is still inevitable.  But it doesn’t have to be destructive.

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Making The Most Of Appellate Mediation Opportunities

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.

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What’s the Best Mediation Model: Joint Session or Caucus?

I mediate a wide range of disputes — from automobile accidents, product liability claims, death claims and construction disputes to dissolution of business and professional practices, will contests, contract disputes and medical liability claims. I even occasionally mediate church splits.Given the variety of disputes I work on, I need flexibility in the mediation models I use — and the models I use are almost always either Joint Session, Caucus, or a combination of the two.

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Kiser’s Soft Skills For The Effective Lawyer

Readers of this blog would obviously recognize these as precisely the skills we focus on in our theory, teaching, and practice.  The chapters deal with self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism.  Each of these subjects include quite a number of specific skills.

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