Conflict is part of the human experience. The endless competition for scarce resources and the struggle even to gain access to some things (whether they satisfy psychological, spiritual, or physical needs) mean that conflict is never far away. Some people even argue that conflict gives us opportunities for gain and growth, and is therefore a …
The Model Standards of Conduct for Mediators is a set of ethical rules and considerations for mediators. Rather than a strict code of ethics such as those that apply to attorneys, The Model Standards function as guidelines for mediators navigating ethical considerations and dilemmas while conducting mediation. The Model Standards are also a guide for …
Preventive Law is a way of practicing law that prevents risks from becoming legal issues. Because every organization has risks associated with its conduct, many organizations have chosen to hire lawyers to assess these risks and limit their potential for harm in the future. This service can be invaluable to companies as it may save …
High-stakes negotiations are also often high-stress situations for those who stand to profit from the negotiation. A large portion of professionals and employees in the United States are not comfortable in negotiations and lack the confidence to negotiate effectively. This lack of confidence can impact negotiations as the participants may hold back or feel as …
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 …
In the first article in this pair, we explored the steps in a conciliation proceeding and what the parties can expect when using conciliation to resolve a dispute. In this article, we turn to the roles of the participants, both the conciliator and the parties, and the benefits of using conciliation to try and find …
The Truth About Divorce: Financial and Emotional Impacts with ADR Times Divorce can have a profound impact on the emotional and mental health of several women, men, and children around the globe. In this article, we will discuss what that impact is, as well as how divorces may impact the well-being of young children and …
By Scott B. Garner, Shawn M. Kennedy A. Introduction Any lawyer who has taken a case to mediation knows – at least in some vague, general way – that settlement discussions occurring during the mediation enjoy some level of confidentiality protection. Mediators themselves, of course, may have some greater understanding of what is and is …
Successful negotiations (aka mediations) require sound strategies. Today we present 10 recommended steps for developing productive mediation strategy to resolve any seemingly intractable conflict between parties.
On May 25, 2020, George Floyd, a Black man, laid on the ground under the knee of Derek Chauvin, a white Minneapolis police officer, for what we now know was around nine minutes. In a video that almost everyone around the world would see in the following days. Chauvin brushed off the concerns of bystanders …