When considering places to try and bypass confrontation, avoiding conflict in the workplace is often at the top of the list. Most employees prefer to move through their tasks for the day without dealing with frustrated or angry coworkers or having to sit through endless meetings with their colleagues and bosses. However, conflict in the …
Finding a Way Out of a Subpoena? After receiving a subpoena, the first thing many people wonder is what valid reasons they could use to get out of a subpoena. Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly can result …
Negotiators often face a dilemma in negotiation—should I claim this value for myself and force the other side to concede, or should I work to create value here so that I can claim more value for myself later on? This dilemma forces many negotiators into positions that they do not want to be in, and …
Communication is an important part of any workplace or group setting, and a key component of reaching agreements. When communication is healthy, a workplace or group can be productive and reach its objective. When communication breaks down, other aspects of the workplace begin to fall apart as well. In some cases, communication breaks down as …
Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers. In disputes where distributive bargaining …
The vast majority of legal disputes aren’t ended due to a trial. But, at some point, the parties reach a mutually agreeable compromise, and the dispute is resolved. Mediation is one way to help parties reach an agreement if they can’t do it themselves. Attorney Richard Shore, writing in Forbes, has these ideas to help increase …
What is Mediation? There are many benefits to mediation, including spiritual and emotional, according to an article written by Dr. Denisha Shah. Attorneys who use the mediation process may focus on the more immediate benefits (ideally, a case settles and a file closes). Still, there are more extensive benefits that all participants may benefit from. …
By J. Carlton Sims Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive …
Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.
By Joe Markowitz I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns …