By Doug Noll I use the term peacemaking to describe the values and processes involved in transforming difficult and intractable conflicts. Peacemaking encompasses mediation; however, mediation, especially mediation of litigated disputes, does not necessarily include peacemaking. Knowing the difference is useful because it can influence the processes and interventions used by mediators. Ten Principles of …
By Kristofer S. Michaud Dispute Resolution Systems Design and Implementation in a Corporate Setting Increasingly, corporations recognize the value of a Program for managing workplace conflict that precludes litigation. These systems are designed by trained ADR consultants retained by the company on a contract basis. In order to implement such a Program, there must first …
By Eric M. Epstein, Esq. I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases. While there’s no way …
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 …
Narrative mediation is a style of mediation that focuses on the story of the relationship between the people who are in dispute and looks to heal this relationship as well as resolve the dispute. It focuses on how each party tells their story and the unique moment where the stories intersected in a way that …
What a mess. Recently, you were driving the middle car during a three-car accident. Your car was totaled, you had to have leg surgery. You have missed a lot of work and are way behind on many of your bills. You have been negotiating with all three insurance companies by yourself. You don’t think there …
What is a personal injury case? A personal injury claim does not require physical injuries. Personal injury refers to a defendant’s failure to exercise care in a way that results in injury to another person or their property. Have you been involved in an accident? Follow the personal injury checklists below. They will help you …
Resolving conflict with employees can often be a difficult experience, so much so that many managers wish they had an employee conflict resolution template. Workplace conflict is a common and unavoidable part of adult life, but living with it for years does not have to be. Workplaces are starting to recognize the adverse effects that …
Navigating a divorce can be intimidating, especially if the couple is hoping to get divorced without court. When you remove the oversight of a court case from a divorce, it can feel overwhelming to determine how and when things will be completed. Some many considerations and decisions need to be made by two people that …
The necessity for mediating wrongful death cases comes when we least expect. A late-night phone call jerks you awake. Who could it be at this hour? Filled with a nameless dread, you answer. Good news could have waited until morning. As the caller speaks, you have a sense that everything normal has been ripped away. …