A few days ago, the meeting of Estates and Probate Section of the Connecticut Bar Association focused on the state of estate planning now that changes in the federal estate tax have eliminated tax planning as a motivation for estate planning for many people. The take-away message was clear: apart from tax implications, reasons abound […]
Read more...Tonight I stumbled on an ABC World News piece called: “Families on the Brink: Roundtable Discussion on How to Help Aging Relatives.” Apparently, it is the beginning of a series about some of the challenges of aging. Although the broadcast segment was short, a longer article appeared online (as did some poignant comments from viewers, […]
Read more...The Alternative Dispute Resolution (ADR) course that I am teaching this term is a part of the University’s Legal Studies program. The program has three concentrations, including Dispute Resolution. The term “Alternative Dispute Resolution” is criticized at times for being inaccurate: if the vast majority of litigated cases are resolved in some fashion before a […]
Read more...This term I am teaching a course at the University of New Haven, “Alternative Dispute Resolution: Models and Practice.” It is a survey course that gives students a taste of different ADR processes: some background in conflict management, mediation, negotiation, arbitration, and restorative justice. It’s a pleasure to look at these processes from a more […]
Read more...Right about now, you can see the unrealistic New Year’s Resolutions start to fade away. (Anyone else notice how the fitness center crowds are thinning?) Make 2011 your year of the New Year’s Resolution with lasting benefits. Give yourself peace of mind through Conflict Resolution. Resolve to find a solution to the business dispute, estate […]
Read more...As 2010 draws to a close, year-end reviews become popular. We’re all told to take a cold, hard look at where we are and where we need to go. Businesses are encouraged to examine where they can make marginal changes to improve their bottom line. Individuals are urged to pick one, small change that they […]
Read more...There are certain truths about conflict, conflict resolution, and mediation that we know are timeless. Yet they don’t always rise to the top of our consciousness. This month, repeatedly, I have found myself discussing the merits of business mediation with business owners who really “get it”. In particular, they are looking for a dispute resolution […]
Read more...I’ve written before about Kenneth Feinberg and and his work involving the BP Gulf oil spill. In today’s New York Times, an article by John Schwartz, “Comments By Overseer of BP Fund Irk Lawyers,” talks about a lawsuit filed by plaintiffs’ attorneys over statements Feinberg has made that encourage claimants to apply for compensation through […]
Read more...When parties find themselves in conflict and begin to think about resolution of that conflict, they may be just starting to view the dispute with more input from their reason than their emotions. When we are caught up in a conflict for some time,we can fall into demonizing the other side and we can become […]
Read more...As I wrote last time, ten days ago, Joe Nocera wrote an article for the New York Times Business section titled “Justice, Without The System.” In it, he described an interview he had with Kenneth R. Feinberg about Feinberg’s work related to the BP oil spill in the Gulf and claims made against the company […]
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