One of the issues before the Court is particularly interesting: Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.
JAMS Rule 11(b) provides: “Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought ? shall be submitted to and ruled on by the Arbitrator.
Virtually everyone in our field knows about the wonderful book, Difficult Conversations: How to Discuss What Matters Most, by Douglas Stone, Bruce Patton, and Sheila Heen. It focuses on everyday conversations and not just crystalized disputes.
It’s the Brits tonight! This reminds me of a few ADR related stories I have to do with the music industry. This is not related to my blog “Applying Mediator Skills Where There is no Dispute” which included an extensive (mainly Indie) playlist.
“Historically, CRS has played a significant role in facilitating dialogue, developing constructive relationships, and reducing the possibility of violence.
There aren’t many benefits to being in a bad mood, even if that’s your reliable, long-standing default mode. Being in a bad mood can make you less effective, less open to creative solutions, and due to stress, it can affect your health. Most peoples’ jobs have a degree of stress, some much more than others.
Within the last week, I have read two different articles about the “truth.” The first, a blog posted on Kluwer Mediation Blog on February 8, 2018 entitled, “The Map is not the territory” by Charlie Woods….
Yesterday was an interesting day for me. I spent the day in a training for a Personnel Commission for which I have served as a Hearing Officer for over a decade. At its conclusion, a very young female participant in the training took me aside and complemented me for being a “bad ass” woman whom she hoped to emulate in her burgeoning career.
Chances are you heard this wise advice from your Mom when she reminded you that if you can’t say something nice, don’t say anything at all.
Mediation can be hard. Often, the parties start out a great distance apart, work towards narrowing the gap, but occasionally can’t quite straddle the gulf to come to an agreement in a single day. Last week, I gave my final lesson to my students at Pepperdine on sophisticated steps for breaking an impasse. I told them that it was a matter of both skill and faith.