By Kristofer Michaud Inter-group conflict—Montagues vs. Capulets, Sharks vs. Jets, Crips vs. Bloods—often culminates in episodes of unplanned, catastrophic violence. These cathartic but often gruesome incidents must then be interpreted after the fact by the stereotypically level-headed third parties called upon by the criminal justice system to prosecute, defend, and ultimately judge the perpetrators. These …
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 Terri Lubaroff We’ve all dealt with a “difficult personality.” This is the person we are afraid to run into on the elevator at work, the family member who never fails to offend, or the jerk at the furniture store who refuses to refund your money on a delivery that was never made. The difficult …
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 In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad. Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by …
By Arezou Kohan I am now an author, holistic mediator, and life-coach, but when I was practicing law, I had more than one case that drove me to the edge. My body is now recovering from the impact of the stress of my legal practice. The law is a profession that is hard on …
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 …