ADR Times Sometimes parties to a negotiation are unable to effectively pursue one-on-one bargaining with their counterparts. Negotiations include or are conducted by non-parties. These are referred to as third-party negotiations. Types of third parties in negotiations There are five types of third-party negotiators, with different roles and different processes. * Intravenor – A third party with …
Looking at employment arbitration statistics, it is easy to see a surge of workplaces implementing arbitration to resolve employment disputes within the company. Finding the best option for resolution on a given dispute is an art, and employment disputes are no different. The process of arbitration can be beneficial for companies looking to resolve employment …
Conflict is part of the human experience. The endless competition for scarce resources and the struggle even to gain access to some things (whether they satisfy psychological, spiritual, or physical needs) mean that conflict is never far away. Some people even argue that conflict gives us opportunities for gain and growth, and is therefore a …
The Model Standards of Conduct for Mediators is a set of ethical rules and considerations for mediators. Rather than a strict code of ethics such as those that apply to attorneys, The Model Standards function as guidelines for mediators navigating ethical considerations and dilemmas while conducting mediation. The Model Standards are also a guide for …
Preventive Law is a way of practicing law that prevents risks from becoming legal issues. Because every organization has risks associated with its conduct, many organizations have chosen to hire lawyers to assess these risks and limit their potential for harm in the future. This service can be invaluable to companies as it may save …
High-stakes negotiations are also often high-stress situations for those who stand to profit from the negotiation. A large portion of professionals and employees in the United States are not comfortable in negotiations and lack the confidence to negotiate effectively. This lack of confidence can impact negotiations as the participants may hold back or feel as …
You look down at your new cable TV contract and notice that the last paragraph on the first page says “any disputes between the parties arising out of or relating to this Agreement shall be mediated by JAMS. If the parties are unable to resolve their dispute through mediation, the matter shall be submitted to …
In the first article in this pair, we explored the steps in a conciliation proceeding and what the parties can expect when using conciliation to resolve a dispute. In this article, we turn to the roles of the participants, both the conciliator and the parties, and the benefits of using conciliation to try and find …
By Scott B. Garner, Shawn M. Kennedy A. Introduction Any lawyer who has taken a case to mediation knows – at least in some vague, general way – that settlement discussions occurring during the mediation enjoy some level of confidentiality protection. Mediators themselves, of course, may have some greater understanding of what is and is …
On May 25, 2020, George Floyd, a Black man, laid on the ground under the knee of Derek Chauvin, a white Minneapolis police officer, for what we now know was around nine minutes. In a video that almost everyone around the world would see in the following days. Chauvin brushed off the concerns of bystanders …