Mediation is quickly becoming a way to resolve disputes within the workplace and other settings. Looking at the different kinds of mediation scenarios that play out in mediation allows us to understand how helpful mediation can be. Although conflict is a fact of life, mediation helps make it a manageable and productive part of life. …
Of all the departments that will need to deal with conflict effectively in a workplace, the human resources department is the most likely. Outside of the hiring process, most employees will only interact with human resources during times of conflict, which often makes human resource departments the least favorite team to interact with for an …
What is a high-conflict personality? If you have ever been in a conflict with a person who seems keener on continuing and escalating the conflict than resolving it, you may be dealing with one. High-conflict personalities are not the easiest to have conversations with, especially if you need to resolve the conflict. However, high-conflict personalities …
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 …
With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …
There are five main approaches to conflict resolution that people and parties can use when there are in the midst of a conflict. Most people will have a specific approach or style that works for them or is their default approach. However, any person can use any one of the approaches with a little practice. …
By Scott Van Soye “Our General Counsel is the only guy at IBM with an unlimited budget… and he always exceeds it.” “Of course, general counsel recognize that all businesses, including law firms, must make a profit but, given the pressures they currently face, getting “the most bang for the buck” is an imperative.” Which …
By Bill Eddy, LCSW, Esq. Hostile mail – especially email – has become much more common over the past decade. Most of this mail is just “venting,” and has little real significance. However, when people are involved in a formal conflict (a divorce, a workplace grievance, a homeowners’ association complaint, etc.) there may be more …