Successful negotiations require sound strategies. Today we present 12 recommended steps for developing productive mediation strategy to resolve any seemingly intractable conflict between parties.
The new norm of social distancing, and a recent decision out of the Eleventh Circuit Court of Appeals, are changing the way arbitration are conducted. Now is the time to update the arbitration provisions in your contracts to take advantage of these changes the next time you have to arbitrate a dispute.
Last weekend was Father’s Day and I took note of two stories that seemed useful in mediation. The first, was on CBS Sunday Morning where the editorial piece reflected upon how student athletes, from Little League through College, end each game, however hard fought, with a handshake and a “high five”.
everal times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared….
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 to tell you about it just …
From New York, an interesting institutional approach to small-stakes dispute resolution: the Office of Administrative Trials and Hearings (OATH).According to the article, OATH was created in 1979 as an “independent alternative” to internal agency tribunals.
I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. Lately, I’m seeing more and more pre-mediation conferences being held in complicated cases or cases where the prospects of settlement seem less likely.
With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not. The arbitration agreement specifically applied to claims made by authorized users of the account.
I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me.
Recently I came upon an older article written by Tammy Lenski entitled, “Face to Face negotiation better than e-mail”….