How to Fire an Employee without Getting Sued

Fire an Employee - ADR Times

By Eric M. Epstein, Esq. I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases.  While there’s no way …

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Merger & Acquisitions and Mediation

M&A and Mediations

By J. Carlton Sims Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive …

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Responding to Hostile Emails

Responding to Hostile Emails

By Bill Eddy, LCSW, Esq. Hostile mail – especially email – has become much more common over the past decade. Most of this mail is just “venting,” and has little real significance. However, when people are involved in a formal conflict (a divorce, a workplace grievance, a homeowners’ association complaint, etc.) there may be more …

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The Courtroom vs. The Boxing Ring

The Courtroom vs. The Boxing Ring

Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.

Med-Arb for Your Business Dispute

Med-Arb for Your Business Dispute

By Scott C. Van Soye In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century.  He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution …

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Handling Domestic Violence For Families

Handling Domestic Violence - ADR Times

By Bill Eddy, LCSW, Esq. The High Conflict Institute has developed a new method for handling high conflict family law cases, titled New Ways for Families™ The purpose of this article is to address how New Ways can be used in domestic violence cases to reduce the conflict between the parents, move both parents closer …

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Fairytales & Myths Applying The Hero Story To Mediation

Applying the Hero Story to Mediation - ADR Times

By Jasper Ozbirn Everybody wants to be a hero. Joseph Campbell’s seminal work The Hero with a Thousand Faces concluded many if not most cultures’ traditional stories, fairytales, and myths embody an element of “hero.” Campbell found these stories often follow a similar plot—the hero’s journey—where the hero arises from his or her mundane surroundings …

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The Zen-Resolution Revolution

The Zen-Resolution Revolution

By Zachary Ulrich What Companies (And Families) Can Learn From Mindfulness Ever have one of those moments where you were just so frustrated that you couldn’t think straight? Where all you could think about was the problem or source of your anxiety or anger? Where you couldn’t stop thinking about it – milling about it …

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What Matters Most At Impasse

What Matters Most AT Impasse

By Joe Markowitz I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns …

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Overcoming Communication Breakdown By Finding Common Ground

Overcoming Communication Breakdown - ADR Times

By Jim W. Hildreth Communication breakdown often leads to the doorway of anger, resentment, hostility, and the filing of a lawsuit. Often this doorway leads a prospective client to a member of the local bar. They sit down and together they discuss the merits of a potential lawsuit. Today’s top law schools such as UC …

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