By Cassandra Franklin A Look at the Past Mediation and other forms of alternative dispute resolution (ADR) have existed in other cultures for a very long time, in some serving as the principal means of resolving disputes. However, in the early United States, common law courts were the primary means of resolving disputes. As the …
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 …
As parties are preparing for trials or hearings, they may be wondering how to settle a dispute without going to court. A trial can be costly, and the outcome of a trial is never guaranteed, even with some great evidence and a fantastic lawyer. Resolving a dispute outside of court can give the parties control …
The year 1619 marked the first strike on American soil. It occurred in the Jamestown colony of what is now Virginia, and was then an English colony. Shipyard workers who were denied the vote because they were not of English descent refused to work. Jamestown Company officials bowed to the pressure and work resumed. Despite …
What are the benefits of mediation? Often, mediation and meditation are confused. Potential customers and eager salesmen call one kind of office looking for the other service all the time. Internet search engines bring up the wrong results, especially if there have not been prior similar searches, or the search was voice-activated. Mediation vs. Meditation …
It’s been said that America is the most litigious society in the world, despite the fact that less than 2% of federal cases go all the way to trial. Many more cases do not reach the courthouse. We are, if anything, a society that settles disputes. We don’t talk that way, and as a group, …
Arbitration is a process whereby impartial adjudicators – arbitrators, resolve a clash between individuals or groups. The decisions or the arbitral awards that the adjudicator arrives at, are final and binding on the parties. In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute. Whether you’re a student of dispute resolution, or the law, a practitioner, or a party to a dispute, there are plenty of books available to learn more about arbitration.
When we find ourselves in the midst of a dispute that requires a greater exposure to the legal system, the system can feel unfamiliar and overwhelming. This is where attorneys will often step in to fill the gap.
…Continued from Part 2: In previous articles, we’ve discussed what a BATNA and a WATNA are, the purpose of identifying a BATNA and WATNA, some possible alternatives to consider, and two analyses that parties can use to identify their BATNA and WATNA. This article will discuss the strategies that a mediator may use to help …
Conflict is a normal and natural part of human interaction, in the workplace and everywhere else. Generally, the short-term cost of resolving conflict is negligible compared to the cost of leaving conflicts unresolved. Learn how to deal with difficult people at work to effectively resolve conflict.