Multi-Cultural

Strategic Questions For Dispute Resolvers

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. 

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Tales From The City

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.

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Pre-Mediation Conferences

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.

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ABA Conference Sessions You Might Enjoy

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. 

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Joy On The History Of Experiential Education

Peter Joy (Washinton University School of Law) has published “The Uneasy History of Experiential Education in U.S. Law Schools,” forthcoming in the Dickinson Law Review and available here. The abstract: This article explores the history of legal education, particularly the rise of experiential learning and its importance.

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Do We Intervene? How?

Interesting op-ed from the New York Times on the recent student protest during a talk by Christina Hoff Sommers at Lewis & Clark Law School. As the author points out, the current political moment is fraught and toxic, which can make people “jumpy” when it comes to certain topics.

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Business As Usual-2: Boys Will Be Boys

This one we’re calling “Boys Will Be Boys — It’s Human Nature.” Many people assume that boys fight. I know my boys did and I didn’t constantly try to break up their fights. I thought that they were inevitable, and it was important to let them learn how to resolve their conflicts on their own.

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Interests, Positions, Needs, and Values

Politics is very often fought over positions more than interests. Everyone in the U.S. shares the same interests: we want to have good jobs and we want those jobs to be safe; we want our families to be healthy, safe, and have opportunities to thrive

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The Challenge of Complex, Intractable Conflicts

We believe that society’s chronic inability to constructively handle intractable conflict constitutes a threat to human welfare that is at least as serious as that posed by climate change, infectious disease, or any of today’s other big social, political, economic, and environmental challenges.

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