Those who are injured in auto accidents and are facing mediation may question what happens at mediation for auto accidents. Auto accidents are difficult circumstances, and dealing with insurance companies to try and recover from injuries can add to the difficulty. Negotiations with insurance companies can often come up short of an agreement because insurance …
By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, had the opportunity to sit down with expert international mediator and arbitrator Eric van Ginkel, and discuss topics including the role of culture and language in international disputes, differences between international and intranational conflicts, and Mr. van Ginkel’s career as a neutral. A consummate commercial …
After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement. On the surface, the two options look very similar. Both include the …
By Nedy Warren, Esq. SPHR The average working American devotes more time to work than to family, leisure, or even sleep. According to the Bureau of Labor Statistics, time spent working beats time spent sleeping by an entire hour. Given the amount of time and energy we spend at work—plus the fact that conflict is …
By Scott Van Soye George nervously drummed his fingers on the desk. He was torn. On the one hand, he’d known this lawsuit ought to settle the moment Brad Givens retained him. The facts were weak, the law was unsettled, and Brad could make real money in partnership with the defendants, if they could stop …
Dispute resolution is a process. The beginning phase — bringing everyone together under conditions conducive to settlement — is called convening. Convening can be as simple as a few phone calls, where those involved already know what they want and are properly prepared for it. Or it can be as complex as holding a long …
By Zachary Ulrich Imagine a town where the streets are constantly filled with police, but where there are no burglar alarms. There may be so many police that crime is low since every street corner is always being monitored, but the resources and manpower required to field such a large force is overwhelming. Now, …
By Terri Lubaroff Problems, Problems Everywhere… Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines. To make matters worse, the higher-ups do what they want, when they want… and then they come …
Physics defines power as work divided by time. Work, in turn, is the application of force in a direction. Power, then, can be thought of as the ability to get things moving (more) quickly in a desired direction. The same definition applies in social interactions like negotiation. Power is the ability to get desired things …
By Eric Epstein It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine …