(9/24/18)Jan Frankel Schau
Follow, if you will, the mediation of a sexual harassment claim to learn the basic principles of mediation.
In the past few decades, California has led a national shift in paradigms for family conflict resolution that has freed trial courts to do what they do best—ensure due process of law and serve as the court of last resort.
In order to be more effective in mediation, the story of the case must be told just like the unfolding of a movie or book. Like any story, there is a common structure that has a beginning, middle and end and is broken down into three acts.
This article covers Restoring Community Day held in 2017, including plans for the upcoming Community Day to be held in October 2018.
On January 1, a new California law will take effect; it will require a lawyer to make sure their client understands the implications of California's legal protections for mediation communication.
(9/06/18)Ronald S. Kraybill
Do you know people who get upset and insulted easily?
Most people don’t want to be wrangled into doing something you want but they don’t. Here are three ways to turn them into your problem-solving partners and dissolve resistance.
When one ignores one’s own emotions, to maintain face, or to increase hopes for immature peace, the likelihood for an unexpected emotional burst, by oneself, or by the other, increases.
"Thank you for listening to me and my side of our dispute and for disagreeing with me in the gracious way you did--" I learned so much from those words.
When I ask clients why they let a problem go on for so long before addressing it, a common reply is, “I was afraid I’d create more conflict by raising it.”
It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.
In franchise disputes, lawyers and parties who search for mediators drill down on mediators’ professional backgrounds, often paying the most attention to whether potential mediators have previously represented franchisors or franchisees.
By following some simple tips and committing yourself to being the best co-parent possible, you can help to ensure your children thrive during and after the divorce.
No doubt, at some point in your life, you have wanted to take revenge against someone who “did you wrong”.
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.
(8/24/18)Sandeep Bhalothia, Vizita Singh
Sulh or amicable settlement has a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia.
Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.
(8/15/18)Ronald S. Kraybill
In training with the Thomas Kilmann or my Style Matters conflict style inventories, you have an option to use either a paper or online version. I used to be ambivalent about this choice, but no more.
This article discusses how Italy has approached the initial mediation session.
The theme of the article is that while we might be neurologically and sociologically primed to “Fight or Flight”, we can choose another way and thereby reduce the conflict in our lives.
Many, many years ago, someone once said to me that people do not begin to negotiate until it is past the time to negotiate.
(8/10/18)William Scott Harralson, J.D.
In April 2018, the U.S. Justice Department implemented a new “zero-tolerance” policy for the detention and arrest of undocumented immigrants. This article discusses how mediation techniques can be used to handle such a difficult situation.
Several experts have commented on the trauma the children must have experienced being separated from their families.
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
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The trial of Paul Manafort is a good illustration of an important value of trials.