By Mikita Weaver In 2010, Uganda was usurped in a conflict regarding anti-homosexual legislation and a clause mandating the death penalty. Rwanda contemplated criminalizing homosexuality until rapid-fire global campaign spread via internet forcing Paul Kagame’s government to announce that they would not be intervening in the private lives of its citizens. Today, Malawi faces the …
After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement. On the surface, the two options look very similar. Both include the …
Mike was excited. The classes were over at last, the internship was done, and he’d been approved for the civil panel. Today was his first solo mediation. He opened the door and strode in. The lawyers and their clients looked up expectantly at Mike. He froze. What should he say next? Where we begin a …
The International Bar Association’s Arbitration Committee is one of the world’s largest professional groups for counsel and arbitrators handling transnational disputes. The Committee currently includes over 2,600 members from 115 countries. According to the IBA, membership is steadily increasing. The Arbitration Committee has published several sets of Rules and Guidelines that are widely accepted by …
Dispute resolution is a process. The beginning phase — bringing everyone together under conditions conducive to settlement — is called convening. Convening can be as simple as a few phone calls, where those involved already know what they want and are properly prepared for it. Or it can be as complex as holding a long …
By Terri Lubaroff Donald ambled into the conference room with difficulty. He looked like a nice, working class man in his retirement years, but the gray pall he carried indicated his health wasn’t going to let him do a whole lot of fishing on his beloved Lake Havasu any time soon. Donald slipped in a …
By Terri Lubaroff Problems, Problems Everywhere… 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 …
Physics defines power as work divided by time. Work, in turn, is the application of force in a direction. Power, then, can be thought of as the ability to get things moving (more) quickly in a desired direction. The same definition applies in social interactions like negotiation. Power is the ability to get desired things …
Nicole was frustrated: “I know I’m behind on the rent – business is slow and I can’t afford $9,000 a month for this place! George needs to get real! He’s made a ton of money from me. He needs to stop being so greedy… I only can pay $7,000 a month… at least until business …
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, …