The Power Of “And”

The Power of And

By Dale Eilerman The word “and” is short but powerful. It connects as well as includes. It adds rather than negates. The word “and” provides energy in collaboration and contributes momentum toward synergy. This word enables people with differing perspectives to find common ground. It can supply motivation when opposing parties may be losing hope …

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Mediation as the Unlicensed Practice of Psychology?

Mediation as the Unlicensed Practice of Psychology?

By Jasper Ozbirn It is common knowledge among mediators, as well as the general public, that the unlicensed practice of law (UPL) is illegal. While there is some debate on what constitutes the “practice of law,” the rule is clear that a mediator may not practice law. On the other hand, many consider experienced attorneys …

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The Riskin Grid: Mediator Orientations

Riskin Grid - ADR Times

The classic definition of a mediator is one who, without decision-making authority, assists in the resolution of a dispute between two or more others,  Mediation is everywhere; moms do it for their kids, kids do it for their friends, bosses do it for their workers, and so on. Have you tried to calm an argument …

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Types of Negotiation: Distributive vs Integrative

Types of Negotiation

Ron stared. The car was beautiful.  All shiny black metal and gleaming chrome everywhere.  Turning to the man beside him, whose name was Dave,  He asked about the car. “Isn’t she lovely?” “Uh huh. How much?” ‘$26,000. ‘You gotta be kidding. Blue book is $23,000!” “Blue book for this car, in this condition, is $26,500.” …

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Arbitration Agreement Explained

Drafting the Perfect Arbitration Agreement

What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across the board, there is no such thing. Of course, there are provisions that should be in your arbitration agreement. Before discussing how to draft the perfect arbitration agreement, we should consider some of the arbitration’s imperfections. …

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Conflict Resolution Models

Conflict Resolution Models

Conflict resolution models are a helpful tool when the inevitable conflict in a relationship shows up. Conflict is a part of everyday life, and there are a variety of ways that people deal with conflict. Each strategy for resolving conflict will have strengths and weaknesses, and no one model will perfectly resolve every conflict. Evaluating …

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Prevent Conflict

Prevent Conflict

Preventing and avoiding conflict is a basic human need and reaction. Conflict can be messy, emotionally, and overwhelming, so if it can be prevented, most of us would choose to do so. Unfortunately, conflict is a part of everyday life. It can be difficult to avoid it entirely without creating a life that holds nothing …

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The Healing Power of Reconciliation Moving Past Divorce

The Healing Power of Reconciliation Moving Past Divorce

By Dina Haddad After separation and during the divorce process, you likely have become angry, resentful, and hostile towards your spouse. When our relationships become threatening, such as a damaged marriage relationship, we protect ourselves by forming a negative image of the other person. This negative image helps us live on with our lives, without …

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High-Low Arbitration

high-low arbitration

When parties have elected to participate in an arbitration, they may choose to take advantage of a guarantee for recovery based on high-low arbitration. The practice has grown in popularity in personal injury and medical malpractice arbitration but is still relatively new to the alternative dispute resolution world. Some critics of the process believe that …

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Is it illegal to screenshot text messages?

Is it illegal to screenshot text messages?

In the modern world, many people choose to communicate through text messages, which can be an easy way to keep in touch with friends in family.  However, this form of communication may raise questions about whether it is legal to screenshot text messages and when these screenshots can be shared.  There are differing laws between …

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