Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.
As you enter 2017, reflect and commit to being intentional on the small gifts you can provide to strengthen, honor and acknowledge those important relationships in your life. Here are some ideas to consider.
Third party funding (TPF) of claims has been around for quite some time. Historically however, some jurisdictions have prohibited a stranger to a lawsuit financing the claim of another in return for a share of the spoils.
Conflict takes root in the space between our narrative about what happened and theirs.
La felicidad se construye con actos en el día a día que te hará ser consciente de que transitas junto a ella.
Transformative theory acknowledges people’s propensity to fall into a vicious cycle of feeling threatened, losing compassion for each other, and then behaving in ways that perpetuate or worsen those experiences.
At one point or another in our lives, most of us have told “little white lies” if only to avoid hurting someone’s feelings. In telling that “little white lie”, we tell ourselves it is harmless and it will lead to nothing, and definitely, will NOT lead us to tell “bigger white lies”.
When people with young children divorce, they create a schedule of parenting time for each parent with the children. What happens when life disrupts this schedule?
Conflict can rob you of two precious mental faculties useful for sorting things out.
Emotions, not logic, control our decision making.
Conflict in personal, professional, and business relationships leaves permanent cracks and breaks behind. What if, instead of trying to ignore or hide the damage, we revered it, understanding that “better than new” is more valuable than “good as new”?
One of the sources of unresolved conflict at work and elsewhere can be unconscious (or conscious) bias and prejudice.
Not only can the skills of mediation be applied to many different situations, but mediation can be influenced by other areas of study as well.
What the West Can Learn from Chinese Mediation by Peter Phillips.
This author wonders if “restorative justice” is not about forgiveness or reconciliation nor is it mediation nor is it designed to reduce recidivism. It is neither an alternative to prison nor replaces our legal system.
Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties valued in the tens of millions of dollars.
It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.
Recently (as part of a book club), I read The Psychology of Conflict by Raul Randolph (Bloomsbury Publishing PLC, London 2016) who is a barrister and mediator. His approach is to use existentialism as the vehicle through which to discuss the psychological aspects of mediation.
For those who still think that litigation must always be conducted in an adversarial manner--that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution--consider that the courts are telling you otherwise.
Researchers discovered that when the LSU Tigers unexpectedly lose a football game, the juvenile judges take their anger/frustration at the loss out on the juveniles before them by imposing longer sentences.
The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory Coast opponent in the last second of the bout, giving the latter his country’s first ever Olympic gold medal.
Our game face, or our poker face, is the face we put on for the outside world that masks what is happening for us internally.
You owe it to yourself to move to a place of compassion and empathy.
This article presents a self-help tool for people in the marriage or relationship. The tool includes principles for mediation and refers to the use of a mediator if conflicts are too difficult for themselves to solve.
The bigger story when you are in a crisis is how it impacts your relationship with your spouse and what that says about your relationship.