By Vivian Scott We are a great group of people, us mediators. We understand how emotions and values play into conflict, we recognize the power in a solution that fits both parties’ needs, and we approach the world with a quiet confidence that any disagreement can be resolved. I love that about us. Too bad …
By Zachary Ulrich Ever get mad at someone because they did something you didn’t expect? Of course you have, we all have. They’re not something we directly think about every day, but expectations are a key component of what drives many peoples’ behavior – including our own – all the time. When we sit down …
By Dan Simon “They’re just sore losers,” Myrna said. She had called me to ask whether I’d mediate between her and her neighbors, who were complaining about a fence she’d built and various other things. She’d won in arbitration, but the Smiths didn’t like the arbitrator’s decision, so they sued her in state court. The …
By Jeffrey Krivis The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know that the literal fruits of their labors feed people, and they are proud of their role in society. …
By Scott C. Van Soye “Blessed are the peacemakers.” We value peacemakers. We may even aspire to be among them. But often we have no firm conception of what it means to “make peace.” Does it mean to cause the cessation of conflict, by whatever means? Or does it refer only to non-violent efforts to …
By Doug Noll I use the term peacemaking to describe the values and processes involved in transforming difficult and intractable conflicts. Peacemaking encompasses mediation; however, mediation, especially mediation of litigated disputes, does not necessarily include peacemaking. Knowing the difference is useful because it can influence the processes and interventions used by mediators. Ten Principles of …
By Kristofer S. Michaud Dispute Resolution Systems Design and Implementation in a Corporate Setting Increasingly, corporations recognize the value of a Program for managing workplace conflict that precludes litigation. These systems are designed by trained ADR consultants retained by the company on a contract basis. In order to implement such a Program, there must first …
By Zachary Ulrich Why Parties Sometimes “Take Things Personally,” And What Mediators Can Do About It Have you ever had someone blame you for something when there was nothing you could have done to change the situation? For example, have you ever made a promise to someone (say, to be at a certain place at …
By Greg Wood Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes. Among these advantages are: party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), certainty of forum (the risks of inconsistent results …
By Scott Van Soye “Our General Counsel is the only guy at IBM with an unlimited budget… and he always exceeds it.” “Of course, general counsel recognize that all businesses, including law firms, must make a profit but, given the pressures they currently face, getting “the most bang for the buck” is an imperative.” Which …