How to Fire an Employee without Getting Sued

Fire an Employee - ADR Times

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 …

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Merger & Acquisitions and Mediation

M&A and Mediations

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 …

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Responding to Hostile Emails

Responding to Hostile Emails

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 …

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Med-Arb for Your Business Dispute

Med-Arb for Your Business Dispute

By Scott C. Van Soye In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century.  He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution …

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Fairytales & Myths Applying The Hero Story To Mediation

Applying the Hero Story to Mediation - ADR Times

By Jasper Ozbirn Everybody wants to be a hero. Joseph Campbell’s seminal work The Hero with a Thousand Faces concluded many if not most cultures’ traditional stories, fairytales, and myths embody an element of “hero.” Campbell found these stories often follow a similar plot—the hero’s journey—where the hero arises from his or her mundane surroundings …

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The Zen-Resolution Revolution

The Zen-Resolution Revolution

By Zachary Ulrich What Companies (And Families) Can Learn From Mindfulness Ever have one of those moments where you were just so frustrated that you couldn’t think straight? Where all you could think about was the problem or source of your anxiety or anger? Where you couldn’t stop thinking about it – milling about it …

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Successful Post-Dissolution Co-Parenting: The Mediator’s Role

Successful Post-Dissolution Co-Parenting - ADR Times

By Scott C. Van Soye People often think of divorce as the end of a relationship between spouses. In some cases, it may be. But the reality is that where there are minor children from the marriage, a relationship—though changed—endures until the youngest child reaches adulthood. Learning to deal with this new reality is a …

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Narrative Mediation Process Explained

Narrative Mediation

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 …

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Orchestrating Settlement – A Symphony of Sound and Color

Orchestrating Settlement - ADR Times

By Mikita Weaver This fall I attended one of the outdoor concerts by the Los Angeles Philharmonic Symphony at the Hollywood Bowl. It was a spectacular affair—beginning with the wonderful sounds of classical music and ending with a fantastic light show. The concert featured a local university marching band as well as a guest appearance …

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What Does a Mediation Lawyer Do?

What Does a Mediation Lawyer Do?

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 …

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