By Eric Epstein It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine …
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 …
By Terri Lubaroff We’ve all dealt with a “difficult personality.” This is the person we are afraid to run into on the elevator at work, the family member who never fails to offend, or the jerk at the furniture store who refuses to refund your money on a delivery that was never made. The difficult …
By Jeffrey Krivis There are two eternal truths about litigated cases: 1) There is a tremendous likelihood the case will be settled without trial; 2) The settlement could occur any time from the moment the case is filed until the eve of trial. That vacuum of time provides many favorable and unfavorable opportunities to negotiate …
By Arezou Kohan I am now an author, holistic mediator, and life-coach, but when I was practicing law, I had more than one case that drove me to the edge. My body is now recovering from the impact of the stress of my legal practice. The law is a profession that is hard on …
Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what? Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process. The co-opting of ADR into litigation has changed it. For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …
By Amy L. Lieberman, Esq. C- Level and senior executive conflicts are a different animal. Significant amounts of money and even entire businesses can be at stake. Personalities can be larger than life. Conflict at this level of any company requires both a pragmatic and diplomatic approach. Individual and even corporate reputations can be ravaged, …
By Scott C. Van Soye It’s after lunch, and Fred’s feeling pretty good as he sorts through today’s mail. Ah! There it is, Tom Smith’s response to Fred’s settlement offer in Ajax Accounting v. Johnston. It’s a solid offer, and Fred smiles as he thinks about the vacation he’s going to take during what are …
In 2011, the late Tim Pownall on behalf of the PACIS project in faith-based diplomacy accepted the 2011 Peacemaker Award given each year by the Association for Conflict Resolution. The Association for Conflict Resolution (ACR) is an organization committed to awareness of conflict resolution in the public. ACR’s vision is that “All people know their …
By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, previously had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye (now Managing Editor of ADR Times), to discuss Mr. Van Soye’s insights into the emotions and typical negotiation dynamics of mediation, his unique perspective into employment and disability cases, and …