The Fundamental Attribution Error in Mediation

Fundamental Attribution Error

By Zachary Ulrich Why Parties Sometimes “Take Things Personally,” And What Mediators Can Do About It Have you ever had someone blame you for something when there was nothing you could have done to change the situation? For example, have you ever made a promise to someone (say, to be at a certain place at …

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The Arbitrability of Intellectual Property Disputes

Arbitration Faces Challenges On Two Fronts

By Greg Wood Arbitration offers many advantages in addressing and resolving disputes, specifically intellectual property disputes. Among these advantages are: party control (the parties retain control of the process and issues to be decided to a greater degree than if the matter was submitted to the courts), certainty of forum (the risks of inconsistent results …

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Alternative Fee Arrangements in Corporate ADR

Alternative Fee Arrangements in Corporate ADR

By Scott Van Soye “Our General Counsel is the only guy at IBM with an unlimited budget… and he always exceeds it.” “Of course, general counsel recognize that all businesses, including law firms, must make a profit but, given the pressures they currently face, getting “the most bang for the buck” is an imperative.” Which …

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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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Handling Domestic Violence For Families

Handling Domestic Violence - ADR Times

By Bill Eddy, LCSW, Esq. The High Conflict Institute has developed a new method for handling high conflict family law cases, titled New Ways for Families™ The purpose of this article is to address how New Ways can be used in domestic violence cases to reduce the conflict between the parents, move both parents closer …

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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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What Matters Most At Impasse

What Matters Most AT Impasse

By Joe Markowitz I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns …

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