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The Decision to go to Trial

Thursday, August 28th, 2008

An article in the New York Times business section on August 8, 2008 discussed a recent study of civil lawsuits and the decisions that litigants make about whether to settle a lawsuit before trial, and for what amount. In “The Cost of Not Settling a Lawsuit,” Jonathan D. Glater described a study that found that […]

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Unexpected benefits of mediation — Part II

Thursday, July 31st, 2008

The Ithaca (New York) Journal ran a guest column last week on ithacajournal.com by Judy Saul of the Community Dispute Resolution Center, titled “Mediation is a good choice to settle conflicts civilly.” In it, she described some of the comments the CDRC had received when it surveyed users about their experiences. One important point was […]

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Unexpected benefits of mediation — Part I

Wednesday, July 30th, 2008

The Ithaca (New York) Journal ran a guest column last week on ithacajournal.com by Judy Saul of the Community Dispute Resolution Center, titled “Mediation is a good choice to settle conflicts civilly.” In it, she described how mediation can help people in conflict. One of the interesting points was the value of using meditation to […]

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Mediating “despite having the upper hand”

Monday, July 28th, 2008

An article by Richard Berman on SFGate.com, titled “Resolving Workplace Conflicts,” provides an interesting survey of the benefits of mediation. The focus of the article is on conflicts at work, between boss and employee or co-workers. Mr. Berman notes that in a slow economy, employers are, of course, in a strong position. “Yet despite having […]

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Mediation to stop county’s suit against itself?

Saturday, July 26th, 2008

An editorial yesterday in the Canton, OH paper, The Repository, suggested that mediation might be a way to prevent Stark County from suing itself. As the editorial points out, this scenario sounds like something out of a Jay Leno wacky headline survey. The problem is that the county’s veterans’ agency maintains that it is entitled […]

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“Success” in mediation – Part II

Sunday, June 29th, 2008

The NE-ACR News summer 2008 issue presents some of the results of a request to readers to answer the question of what defines “success” in mediation and how a case might illustrate that definition. ADR (Alternative Dispute Resolution) practitioners responded and demonstrated how the idea of “success” may be broader than some might think. In […]

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“Success” in mediation – Part I

Saturday, June 28th, 2008

In the summer 2008 issue of the New England Chapter of the Association for Conflict Resolution newsletter, NE-ACR News, the first article presents a sampling of the responses received when the editors asked ADR (Alternative Dispute Resolution) practitioners to describe their definition of “success” in mediation and a case that illustrates that definition. Mediators approached […]

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Saving face

Monday, June 23rd, 2008

Saving face is an important part of minimizing and resolving conflicts voluntarily. In an arbitration or in litigation, the other party doesn’t have to agree to anything. But in a facilitated negotiation or mediation, both (or all) sides must agree. Creating a way for a party to save face may be crucial to secure that […]

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CBA Symposium on Women in the Legal Profession

Saturday, June 7th, 2008

On May 15, I was a panelist in the Connecticut Bar Association’s symposium, Why Women Walk. The program explored why women leave the legal profession at a high rate and what steps can be taken to stem the tide. Topics included networking, mentoring, planning your professional life, and what practices an employer in the legal […]

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Sixth Speziale ADR Symposium — Part III

Friday, May 30th, 2008

One of the interesting panelists at the symposium was Lawrence Mills, a Seattle attorney who is currently the Chair of the American Bar Association Section of Dispute Resolution. One topic he discussed was the findings of a task force on mediation quality. Their report named four elements necessary for quality mediation: 1) solid preparation by […]

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