By Jasper Ozbirn It is common knowledge among mediators, as well as the general public, that the unlicensed practice of law (UPL) is illegal. While there is some debate on what constitutes the “practice of law,” the rule is clear that a mediator may not practice law. On the other hand, many consider experienced attorneys …
By Lalita B. Nordquist, SPHR, MA, MDR Behavioral Psychology is a well-known method used across the world for everything from training dogs to treating phobias. B.F. Skinner is one of the most widely recognized contributors to Behaviorism and brought us the idea of “operant conditioning”—the idea that we can condition ourselves and others through the …
By Kristofer Michaud Family mediation evolved separately from civil and commercial mediation because it addressed specific needs and concerns, and faced different challenges. Unlike in civil mediation, where the subject of mediation can be any claim traditionally litigated in tort or contract, family mediation deals chiefly with dividing marital assets, determining child custody and visitation, …
By Jasper Ozbirn Religion is, and according to recorded history always has been, a major source of conflict between groups of peoples. This article addresses what the writer perceives to be a pervasive root of conflict at the basic level between believers— “who has the “right” God?” As found by a recent BBC Poll, over …
By Jeffrey Krivis There are two eternal truths about litigated cases: 1) There is a tremendous likelihood the case will be settled without trial; 2) The settlement could occur any time from the moment the case is filed until the eve of trial. That vacuum of time provides many favorable and unfavorable opportunities to negotiate …
By Mikita Weaver Scholars and practitioners alike often seem up in arms about the “vanishing trial.” Most seem worried that this decline in litigation will ultimately destroy justice. Instead of achieving justice through a court system, conflicts are being resolved without the assistance of lawyers, judges, and–dare I say—lots of time, money, and resources! Many …
By Jasper Ozbirn Some people talk a lot. Others talk very little. You don’t have to ask someone that talks a lot a question in order to get them to talk. In fact, for some, all you have to do is walk within earshot. What many talkers don’t seem to know is that non-talkers can …
The classic definition of a mediator is one who, without decision-making authority, assists in the resolution of a dispute between two or more others, Mediation is everywhere; moms do it for their kids, kids do it for their friends, bosses do it for their workers, and so on. Have you tried to calm an argument …
Ron stared. The car was beautiful. All shiny black metal and gleaming chrome everywhere. Turning to the man beside him, whose name was Dave, He asked about the car. “Isn’t she lovely?” “Uh huh. How much?” ‘$26,000. ‘You gotta be kidding. Blue book is $23,000!” “Blue book for this car, in this condition, is $26,500.” …
Those who know the Mafia only through the media will probably have trouble believing that the Mob goes to great lengths to avoid violence. The “Docile Don,” Angelo [Bruno] hated violence and valued negotiation and peace above all. – George Fresolone and Robert J. Wagman, Blood Oath The Mob’s main instrument for resolving disputes is …