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ADR Prof Blog

By Professors Andrea Schneider, Nancy Welsh, Michael Moffitt and Sarah Rudolph Cole.

http://www.indisputably.org

May 21
Call for Papers – Psychology and Lawyering: Coalescing the Field

Call for Papers – Psychology and Lawyering: Coalescing the Field

From Jean Sternlight via the list serv. The conference is planned for Friday February 21 and Saturday Feb. 22, 2014. ————————- In recent years both academics and practitioners have…
May 17
Schwab removes class action waiver from customer agreement

Schwab removes class action waiver from customer agreement

Responding to substantial pressure from regulators and the investing public, the brokerage firm Charles Schwab reversed itself and eliminated the class action waiver clause from its pre-dispute arbitration clause in its customer account…
May 12
Was OJ Simpson’s Lawyer Ineffective?

Was OJ Simpson’s Lawyer Ineffective?

OJ Simpson will be back in court this week in Las Vegas bringing an appeal from his 2008 armed robbery and kidnapping conviction in 2008. He has apparently filed, through his new lawyer, a 94-page petition for a new trial—which…

Rank this Week: 672

The Ombuds Blog

Features news and Information for and about organizational ombuds. By Tom Kosakowski.

http://ombuds-blog.blogspot.com/

May 21
IOA Offers Ombuds Training in Phoenix

IOA Offers Ombuds Training in Phoenix

The International Ombudsman Association presents several training sessions for new and experienced Ombuds in Phoenix, Arizona on July 8 through 12, 2013. The programs include "Foundations of Organizational Ombudsman Practice," "The Next Step…
May 21
Job Posting: Beacon Health Strategie

Job Posting: Beacon Health Strategie

The managed behavioral health organization is hiring an Ombudsperson to provide confidential, neutral assistance to members in Woburn, MA. "The Ombudsperson advocates for fairness, serves as a source of information and support, acts as a…
May 21
Update on May Meeting of Arizona Ombud

Update on May Meeting of Arizona Ombud

On Thursday, May 16, 2013, twenty-four Ombudsman throughout the State of Arizona gathered for a “brown bag” lunch meeting hosted by Apollo Group’s Office of Ombuds Services. The meeting agenda included networking, IOA…

Rank this Week: 24

Indiana Family Lawyer Blog

Covers adoption, family law, surrogacy and mediation. By Harden Jackson LLC.

http://www.indianafamilylawyerblog.com/

May 21
Questions to consider when using a surrogate - Part 2 of 2

Questions to consider when using a surrogate - Part 2 of 2

This is part two of a two-part series on surrogacy considerations.Surrogacy can be an extraordinary gift to help an individual or couples build their family. However, it is best if some security measures be employed to ensure that all parties…
May 16
My Cheating Spouse: What Impact Does Infidelity Have on Divorce?

My Cheating Spouse: What Impact Does Infidelity Have on Divorce?

By: Clarissa Finnell Almost every meeting with a new divorce client starts with a recitation of all the reasons that the parties are getting divorced. High on that list is infidelity. Clients will provide me with loads and loads of…
May 14
Questions to consider when using a surrogate - Part 1

Questions to consider when using a surrogate - Part 1

Surrogacy can be an extraordinary gift to help an individual or couples build their family. However, it is best if some security measures be employed to ensure that all parties have a positive experience. There are many issues to consider…

Rank this Week: 428

Disputing

Discusses articles, court cases, legislation, and news relating to alternative dispute resolution with particular focus on Texas. By Karl Bayer, Victoria VanBuren, and Holly Hayes.

http://www.karlbayer.com/blog

May 20
Amazon.com Asks Federal Judge to Compel Third-Party Seller Dispute to Arbitration

Amazon.com Asks Federal Judge to Compel Third-Party Seller Dispute to Arbitration

Seattle, Washington-based Amazon.com has reportedly asked a U.S. District Court to compel a lawsuit filed by two individuals who formerly sold third-party items using the website to arbitration.
May 16
26th Annual Technology Law Conference: May 23-24, 2013

26th Annual Technology Law Conference: May 23-24, 2013

Mark your calendars! Disputing’s own Karl Bayer will be presenting on the mediation of technology disputes at the University of Texas’ 26th Annual Technology Law Conference. The conference will be held next Thursday and Friday…
May 15
Operation Arbitration: Privatizing Medical Malpractice Claim

Operation Arbitration: Privatizing Medical Malpractice Claim

Myriam E. Gilles, Professor of Law at the Benjamin N. Cardozo School of Law has authored an interesting article entitled, Operation Arbitration: Privatizing Medical Malpractice Claims, Theoretical Inquiries in Law (Forthcoming); Cardozo Legal…

Rank this Week: 382

Settle It Now Negotiation Blog

Covers mediation, negotiation and settlement. By Victoria Pynchon.

http://www.negotiationlawblog.com/

May 19
What Are Your Super Powers And What Are You Waiting For?

What Are Your Super Powers And What Are You Waiting For?

I just spent the weekend with a group of incredibly engaged, brilliant and successful women lawyers at the Vail Sebastian Hotel where I keynoted the annual Conference of the Colorado Womens Bar Association. Four questions stirred the…
May 15
'Use My Name' Is All You Need to Know About Sponsorship

'Use My Name' Is All You Need to Know About Sponsorship

“Use my name.” Those three words are all you need to know about sponsorship and networking. You put your skin into someone else’s game. You do not use these words lightly. Your reputation rests on the quality of your…
May 15
Gotham Gal Goes All In For National Girlfriends' Networking Day

Gotham Gal Goes All In For National Girlfriends' Networking Day

First off I just love the name. National Girlfriends Networking Day is a nationwide celebration of making connections. Events take place around the country on June 4th [live streaming] three amazing women; Lesley Jane Seyour the…

Rank this Week: 468

Mediation's Place

Explores ways to integrate mediation into the litigation process. By Joseph Markowitz.

http://www.mediate-la.com/

May 19
Arts mediation

Arts mediation

Yesterday I had a chance to help train mediators for a California Lawyers for the Arts program that provides mediation and other ADR services for artists. Calfornia Lawyers for the Arts also runs a well-developed lawyer referral…
May 8
The end

The end

Yesterday I mediated my last case referred by the Los Angeles Superior Court mediation program (aside from a couple of cases I am still trying to wind up as private mediations). This last case turned out to serve as a good illustration of…
Apr 21
Justice

Justice

I heard a great story tonight from a college professor. Near the beginning of this professor's course on political philosophy, a student proclaimed that there was no such thing as justice. "I've read Nietzsche," the student said, "and so I…

Rank this Week: 1092

Arbitration Matters

Covers recent developments in labor arbitration. By John H. Curley.

http://arbitrationmatters.blogspot.com/

May 19
Termination of Union business agent for misuse of confidential information upheld

Termination of Union business agent for misuse of confidential information upheld

Grievant was employed by the Minnesota Association of Professional Employees, the Union representing state employees, as a business agent. She was also a member of OPEIU Local 12, the Union representing the MAPE staff. OPEIU and MAPE were…
May 12
NLRB Defers to Arbitrator's award despite limited remedy

NLRB Defers to Arbitrator's award despite limited remedy

NLRB Acting General Counsel Lafe Solomon has announced his intent to ask the Board to revise its standards for deferring to arbitrators' awards in cases alleging unlawful discrimination because of an employee's union or other protected…
May 5
Mayor improperly interfered with discipline of Fire Captain

Mayor improperly interfered with discipline of Fire Captain

Arbitrator Mark Lurie has issued a decision sustaining a grievance filed by a Fire Captain over his demotion to firefighter. Miami-Dade Fire Captain Brian Beckmann authored a Facebook post concerning the Trayvon Martin case. The post was…

Rank this Week: 828

Outsourcing Justice

Covers arbitration law developments. By Imre Szalai.

http://www.outsourcingjustice.com

May 19
Sprint’s FAA Cert Petition

Sprint’s FAA Cert Petition

Sprint recently filed a cert petition involving the Supreme Court’s Concepcion decision. Sprint v. Ayyad, No. 12-1358 (May 14, 2013). The case involves a class action pending in California state courts prior to Concepcion,…
May 17
Florida Supreme Court Issues Important Arbitration Decision Involving Statute of Limitation

Florida Supreme Court Issues Important Arbitration Decision Involving Statute of Limitation

In Raymond James Financial Services, Inc. v. Phillips, No. SC11–2513 (Fla. May 16, 2013) (click here for a copy of the opinion), the Florida Supreme Court addressed whether Florida’s statute of limitations applies to an…
May 16
Macy’s and a California Class Action Killer

Macy’s and a California Class Action Killer

A California appellate court recently reversed a trial court’s denial of Macy’s motion to compel arbitration. Teimouri v. Macy’s, Inc., D060696 (Cal.App. 4 Dist. May 14, 2013). Click here for a copy of the…

Rank this Week: 3950

The G&G ADR Blog

Covers dispute resolution topics. By Grossman & Grossman P.A.

http://www.thegrossmanlawoffice.com/adr_blog/

May 16
How to Find the Right Divorce Lawyer for Your Case

How to Find the Right Divorce Lawyer for Your Case

How to Find the Right Divorce Lawyer for Your Case For most people a divorce case is the most significant legal event of their life. While most people never face criminal charges or are a party in a …
Mar 28
Creating a Happier Home During Divorce

Creating a Happier Home During Divorce

By Lisa Matas Divorce is one of the most painful and unsettling periods of time you will ever experience. In fact, it is regarded as being in the top 3 most stressful events a person faces during their …
Feb 5
Orlando Divorce Lawyer Says Pick Up The Phone

Orlando Divorce Lawyer Says Pick Up The Phone

PICK UP THE PHONE! This blog is dedicated to one of the best professional communicators I have known: Dad. Dave Herbst, the man I am proud to have called “Dad,” spent 30-years as a publicist, writer, and editor …

Rank this Week: 945

Texas Collaborative Law Blog

Provides information about the Texas approach to Collaborative Law. By Dick Price.

http://texascollaborativelaw.blogspot.com/

May 16
Complicated Finances: When You Should Use Collaborative Law

Complicated Finances: When You Should Use Collaborative Law

Couples facing divorce after a long-term marriage often have serious concerns about how to deal with and protect their hard-earned assets. There can be a variety of investments, business interests and employment benefits built up over…
May 9
How to Negotiate in a Collaborative Law Case

How to Negotiate in a Collaborative Law Case

For people starting out in Collaborative cases, their focus is usually on something like gathering information, wondering what to expect or worrying about whether their own needs can be met. Something that isn't considered too often is…
May 1
The Other Costs of a Litigated Divorce

The Other Costs of a Litigated Divorce

Collaborative lawyers are pretty good about explaining the options a person has in starting on a divorce. The old standard approach is litigation. The main alternative is Collaborative Law. Another approach, which is used by some…

Rank this Week: 4855

Dispute Resolution in Germany

Covers litigation, arbitration and mediation in Germany. By Peter Bert.

http://www.disputeresolutiongermany.com/

May 16
Porsche Hedge Fund Litigation: New York, Braunschweig – Now It’s Stuttgart Again

Porsche Hedge Fund Litigation: New York, Braunschweig – Now It’s Stuttgart Again

We had reported earlier that Porsche had struck a deal with some of the New York hedgde fund claimants to discontinue their US actions. In return, Porsche had agreed not to invoke the statute of limitation if the actions were ……
May 15
Update: Do Americans Make Better Global Lawyers?

Update: Do Americans Make Better Global Lawyers?

In October 2012, I asked the question and pointed to a lecture by professor Mathias W. Reimann, which promised to have the answers: “Why Americans Make Better Global Lawyers”. The lecture was to be delivered at the Max…
May 15
Update: Federal Supreme Court on Google’s Autocomplete Search Term

Update: Federal Supreme Court on Google’s Autocomplete Search Term

Legal Tribune Online’s daily press survey summarizes the reactions to yesterday’s Google judgment and provides links where the articles are not pay-walled. The reaction is mixed: Süddeutsche say that the court…

Rank this Week: 557

ADR Times

Covers alternative dispute resolution issues.

http://www.adrtimes.com/

May 15
Reasons Why Mediation Could Fail

Reasons Why Mediation Could Fail

There is no magic formula to guarantee that mediation will successfully resolve a workplace conflict. Anna Shields, director at Consensio, sets out some realistic expectations for mediation users and sponsors by highlighting the common…
May 15
Oregon's Foreclosure Mediation Law

Oregon's Foreclosure Mediation Law

Big changes are taking place suggesting that large national loan servicers could exploit an exemption in the foreclosure mediation law Oregon lawmakers are currently debating intended for local banks and credit unions: “This…
May 14
Why Mediation Works to Resolve Franchise Dispute

Why Mediation Works to Resolve Franchise Dispute

Mediation is frequently used in resolving disputes: “Mediation to resolve franchise disputes has been a core component of the Franchising Code of Conduct since its introduction, and yet it still draws criticism from time to time among…

Rank this Week: 603

Novojustice

Covers online dispute resolution. By Colin Rule.

http://novojustice.com/

May 14
Is compromise possible?

Is compromise possible?

Charles Wheelan on Salon: “Any serious talk of pragmatism and compromise in American politics usually ends with some nettlesome questions: What about the social issues? What about abortion? What about gun control? These are issues on…
May 8
Final Text of the EU ODR Reg now online

Final Text of the EU ODR Reg now online

Great reading for anyone excited about ODR: http://register.consilium.europa.eu/pdf/en/12/pe00/pe00080.en12.pdf It reads, in part: "The internal market is a reality for consumers in their daily lives, when they travel, make purchases and make…
Apr 30
“The Process is the Punishment”

“The Process is the Punishment”

William Glaberson, NYT: “Court delays of as long as five years in felony cases have pushed the Bronx criminal courts into the bottom ranks of courts nationally, reaching what even the judges call crisis levels. But that backlog has a…

Rank this Week: 1058

Workplace Dignity: Where Dignity…

Workplace Dignity: Where Dignity and Respect in the Workplace Reigns Supreme

Covers employment law, human resources best practices, and how to use alternative dispute resolution (ADR) mechanisms to help ensure a happy and productive workforce. By Kendall Isaac.

http://www.workplacedignity.com/employment-law-and-dispute-resolution-blog.html

May 13
Workplace Bullying Video Posted on YouTube by QualiaSoup 2/28/13

Workplace Bullying Video Posted on YouTube by QualiaSoup 2/28/13

[...]
May 12
A Salute to Working Mother

A Salute to Working Mother

[...]
May 11
TN Joins the Majority of States with New Workers' Compensation Reform

TN Joins the Majority of States with New Workers' Compensation Reform

[...]

Rank this Week: 1721

ICT for Peacebuilding

Exploring the use of technology for conflict transformation, focusing on the use of information communications technology (ICT) for peacebuilding. From Sanjana Hattotuwa.

http://ict4peace.wordpress.com

May 9
Safety tips and security guidelines for Facebook

Safety tips and security guidelines for Facebook

Given the vituperative pushback of the BBS online against those who participated in the vigil in Colombo a few weeks ago, immediate measures to secure content posted on to web based social media platforms are essential to protect one’s…
May 9
New media and citizen journalism: The case of Groundview

New media and citizen journalism: The case of Groundview

Presented the work I had done with Groundviews to a group of activists from South Asia recently, noting that using social media platforms on the web, combined with mobiles, it is increasingly possible to bear witness to and report on…
Mar 16
Pitfalls of privacy online

Pitfalls of privacy online

The Ceylon Today newspaper quotes me in what is becoming a familiar story – identity theft and the unauthorised use of photos posted to various online social media fora for nefarious activities. Women and Media Collective‘s Sepali…

Rank this Week: 55

Brains On Purpose

Looks at conflict resolution, including mediation and negotiation, through the lens of neuroscience. By Stephanie West Allen and Jeffrey M. Schwartz.

http://westallen.typepad.com/brains_on_purpose/

May 7
Visual vocabulary: Some tips for your pictograph path

Visual vocabulary: Some tips for your pictograph path

We've looked at the brain-friendliness of visual communication in past posts. Today I am creating a very short post just to give you a couple of resources you may find helpful on that pictograph path™—if you decide to follow the…
Apr 17
Filters and frames: Mediation is all about the viewfinder

Filters and frames: Mediation is all about the viewfinder

Our brains are vigilant, hyperaware of any sensed change to see if it represents danger. Partly because they use a lot of our energy, our brains seek to deal with new information quickly and easily. So, rather like a photographer, the brain…
Apr 3
Conflict concert? Dispute ditty? Mediation minuet? Can the speech of angels lead to agreement?

Conflict concert? Dispute ditty? Mediation minuet? Can the speech of angels lead to agreement?

Music is well said to be the speech of angels; in fact, nothing among the utterances allowed to man is felt to be so divine. It brings us near to the infinite. --Thomas Carlyle It's been a while since I last blogged about the role of music in…

Rank this Week: 2008

Practical Academic

Covers the developments in arbitration and contract law in India and elsewhere.

http://www.practicalacademic.blogspot.com/

Apr 24
Basic Structure Doctrine - 40th year

Basic Structure Doctrine - 40th year

Today marks the 40th year of Basic Structure Doctrine. The Hindu carries a write up by Arvind P. Datar. Bar and Bench had published an interview of Sri. Keshavanda Bharti a year back.
Apr 21
NLSIR Symposium: Mapping the Future of Commercial Arbitration in India

NLSIR Symposium: Mapping the Future of Commercial Arbitration in India

Symposium Announcement from NLSIR:The National Law School of India Review (NLSIR) - the flagship journal of the National Law School of India University (NLSIU), Bangalore is pleased to announce the VIth NLSIR Symposium on “Mapping the…
Apr 18
Pot Calling the Kettle Black- An aside on Bhullar

Pot Calling the Kettle Black- An aside on Bhullar

Bhullar has been in focus recently for different reasons. Effect of delay in execution of capital punishment, pardoning power of the President and Governor, judicial review of the order of the President/Governor, being the prominent aspects.…

Rank this Week: 834

eQuibbly

Covers online dispute resolution.

http://equibbly.wordpress.com/

Apr 22
Median Costs of Litigation by Case Type

Median Costs of Litigation by Case Type

The National Center for State Courts released a study this year estimating the litigation costs of various types of civil cases in the U.S.. The model used to estimate costs relied on survey results from attorneys of the time expended to…
Apr 22
Median Costs of Litigation by Case Type

Median Costs of Litigation by Case Type

The National Center for State Courts released a study this year estimating the litigation costs of various types of civil cases in the U.S.. The model used to estimate costs relied on survey results from attorneys of the time expended to…
Mar 29
European Parliament Votes In New Law Providing For Online Dispute Resolution

European Parliament Votes In New Law Providing For Online Dispute Resolution

The European Parliament adopted two key legislative measures regarding the resolution of consumer disputes in Europe. A new regulation mandates that all businesses selling goods or services to consumers online in any European Union member…

Rank this Week: 3898

Heintzman ADR

Discusses the nature and advantages of ADR and contains annalyses about recent case law dealing with ADR. By Thomas G. Heintzman.

http://www.heintzmanadr.com/

Apr 20
Is A “May Arbitrate” Clause Mandatory Or Permissive?

Is A “May Arbitrate” Clause Mandatory Or Permissive?

What is the meaning of an arbitration clause which states that a dispute “may be determined by arbitration”? Does the clause mean that the arbitration process is permitted but not mandatory? Or does the word…
Mar 12
Who Decides If There Is An Appeal From A Court Order Requiring Arbitration: The Parties Or The Court?

Who Decides If There Is An Appeal From A Court Order Requiring Arbitration: The Parties Or The Court?

One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise from a motion by a defendant in the action. The defendant will bring a motion to stay or dismiss…
Feb 26
Does A Mediation Agreement Suspend The Limitation Period Or The Period To Set Down A Lien For Trial?

Does A Mediation Agreement Suspend The Limitation Period Or The Period To Set Down A Lien For Trial?

An agreement to mediate is often found in arbitration and building contracts. Yet, the impact of mediation upon court or arbitral proceedings is uncertain. Does an agreement to mediate mean that, until the mediation occurs, there is no cause…

Rank this Week: 3702

Sanns Mediation World of ADR

Covers mediation, arbitration and family/divorce law in NJ. By Sanns Mediation.

http://sannsmediation.com/wordpress

Apr 16
Conservation of Energy in Conversation

Conservation of Energy in Conversation

Seth Godin has some sage advice today…. Conservation of energy in conversation If you escalate (cut off in traffic, angry at the gate agent, frustrated at your boss), you’ve just added (negative) energy to a conversation. If you…
Jan 9
The Value of a Good Mediator

The Value of a Good Mediator

A question (or sometimes criticism) I often hear about mediation is that the parties could just negotiate the solution out by themselves. In some cases, this is true. However, in the majority of cases which reach impasse, a…
Feb 1
SEC Approves FINRA’s Proposal for All Public Arbitration Panel

SEC Approves FINRA’s Proposal for All Public Arbitration Panel

I’ve written previously about the Financial Regulatory Authority (FINRA) proposals for allowing consumer complainants in arbitrations to use all public arbitration panels. Non-public (or industry) panel members are those who work within…

Rank this Week: 4891

Law Rules

Covers dispute resolution and civil litigation. By Michael A. Pollack.

http://lawrules.squarespace.com/journal/

Apr 6
Neutral evaluation

Neutral evaluation

Sometimes when I am called upon to mediate a dispute, what the parties really seem to be looking for is a neutral evaluation of their legal case or negotiating position. While I am happy to do that for the parties, I make sure to explain…
Feb 26
The Role of Cultural Sensitivity in Modern Mediation

The Role of Cultural Sensitivity in Modern Mediation

A guest blog by Dean Vella* The turn of the 21st century will no doubt be remembered as an age of rapid and dramatic globalization. This coming together of numerous cultures in the marketplace and beyond presents benefits to all. But there…
Feb 7
Hazardous duty?

Hazardous duty?

It has finally happened. A shooting following a mediation session. I never thought mediators would have to request hazardous duty pay. Fortunately, it wasn’t the mediator who was shot, this time. In this case, one…

Rank this Week: 2586

Law Office of Martin Murphy Blog

Covers mediation, collaborative law and family law in Massachusetts.

http://www.massachusettsfamilylawfirm.com/blog

Apr 4
It’s All About the Kid

It’s All About the Kid

I was cleaning up “that pile” on my desk this morning. You know ”that pile”- old notes from conferences, industry magazines with articles you meant to get to, old “to do” lists. Anyhow, I found an Ask Amy…
Apr 4
It’s All About the Kid

It’s All About the Kid

I was cleaning up “that pile” on my desk this morning. You know ”that pile”- old notes from conferences, industry magazines with articles you meant to get to, old “to do” lists. Anyhow, I found an Ask Amy…
Mar 15
A New Pope and an Old Prayer

A New Pope and an Old Prayer

I had the opportunity this week to attend a presentation by Dan Finn, a gifted Collaborative Attorney. Dan spoke on the topic of “Understanding Impasse: Preventions and Interventions.” A theme of the presentation was that in…

Rank this Week: 3899

Mediation Matters

Covers mediation and negotiations. By Steve Mehta.

http://stevemehta.wordpress.com

Mar 20
Your “Likes” Can Reveal Your Personality

Your “Likes” Can Reveal Your Personality

Recently, I have been conducting some research on what items surrounding a person say about that person’s personality and then I was delighted to see a fascinating study on a related issue addressing people’s likes from Facebook.…
Mar 19
My final offer is a very Precise and Exact number.

My final offer is a very Precise and Exact number.

Here is a brief article in the Boston Globe regarding making and responding to offers. Many litigators consider this approach to be a sound negotiating strategy. Now there is some science to support it. “NEXT TIME YOU find…
Mar 11
Liar, Liar, Texts on Fire

Liar, Liar, Texts on Fire

You can’t go anywhere without someone texting you today. For some, text messages are the preferred source of communications. But how accurate are texts and can we rely on this form of communication? The reality is that text…

Rank this Week: 2592

Covers news, developments, appellate court decisions and supreme court case law addressing issues of arbitration, mediation, and other means of nonjudicial conflict resolution and settlement. By Wolfgang Demino.

http://texas-arbitration-case-law.blogspot.com/

Mar 19
Trial court order compelling arbitration not immediately appealable

Trial court order compelling arbitration not immediately appealable

Can an order compelling arbitration signed by a trial judge be challenged in an immediate appeal so as to avoid the need to arbitrate? Generally no. Arbitration is favored. An order denying arbitration is a different matter. Texas…
Mar 15
When should a motion to compel arbitration be granted, when not?

When should a motion to compel arbitration be granted, when not?

General principles of determining arbitrability as articulated by the Corpus Christi Court of Appeals in a recent appellate opinion. STANDARD OF REVIEW AND APPLICABLE LAW "We review a trial court's denial on a motion to compel arbitration…
Mar 11
Undue delay renders mandamus relief unavailable

Undue delay renders mandamus relief unavailable

Due diligence is required in seeking mandamus relief. That alone will not guarantee success, of course; but if you wait too long before deciding to complain about the trial court judge in the court of appeals, you may as well forget it. PER…

Rank this Week: 824

Workplaces That Work

Covers workplace conflict management systems. By Blaine Donais.

http://workplacesthatwork.blogspot.com/

Mar 11
Still a Few Seats Available

Still a Few Seats Available

We are coming up on our Toronto Certification seminar for Workplace Fairness Analysts on April 5, 2013. We still have a couple of seats available. So be sure to sign up as we will not be offering it again this year in Toronto.
Feb 5
Workplace Fairness Analyst Certification Training

Workplace Fairness Analyst Certification Training

The Workplace Fairness Institute is offering a one day training session to those who qualify to become Workplace Fairness Analysts.Place: Toronto Time: 9 a.m. and going to 4:30 pmDate: Friday, April 5, 2013.Cost: $400+HST per person…
May 8
3 New Courses Offered by WFI in conjunction with York DCE

3 New Courses Offered by WFI in conjunction with York DCE

I am proud to present three new courses that are offered as a result of a strategic alliance between York University's Department of Continuing Education and the Workplace Fairness Institute: - a 5 day course called Conflict Management in…

Rank this Week: 1952

San Francisco Mediation: A Better…

San Francisco Mediation: A Better Solution

Explores mediation as a better solution for resolving any type of dispute. By Paula M. Lawhon.

http://sfmediation.blogspot.com/

Feb 22
ADRNC Salute to Bay Area Mediator

ADRNC Salute to Bay Area Mediator

I recently had the pleasure of working with the Association for Dispute Resolution of Northern California (ADRNC) in creating their Public Service Announcement called "The Salute to Bay Area Mediators." This Public Service…
Feb 22
More Posts Coming Soon in 2013.....

More Posts Coming Soon in 2013.....

After a bit of a hiatus in my blogging endeavors, I've decided to start posting more articles again. Of course, since mediation is a confidential process, much of what happens in my daily work life, (although very interesting!), cannot be…
Oct 12
Support for Men in Divorce

Support for Men in Divorce

A while back, I posted a link to a support group which focuses on helping women through the difficult transition of divorce or separation (although they also work with men). This is my belated follow up link for a support group which focuses…

Rank this Week: 3820

Just Mediation

Covers mediation and collaborative divorce. By Alexandria Skinner.

http://www.xanskinner.com/wordpressDE/

Feb 19
Prenuptial Conversation

Prenuptial Conversation

Mediation of a prenuptial agreement doesn't just help the couple agree on property division. It inoculates couples against harmful conflict. . . . → Read More: Prenuptial Conversation
Feb 17
Don’t Wait to Plan Your Estate!

Don’t Wait to Plan Your Estate!

Don't wait to plan your estate! . . . → Read More: Don’t Wait to Plan Your Estate!
Jan 9
What Is Divorce Mediation And Why Should I Mediate My Divorce?

What Is Divorce Mediation And Why Should I Mediate My Divorce?

What is divorce mediation and why should I mediate my divorce? . . . → Read More: What Is Divorce Mediation And Why Should I Mediate My Divorce?

Rank this Week: 2994

Civil Negotiation and Mediation…

Civil Negotiation and Mediation Blog

Covers divorce and mediation. By Nancy E. Hudgins.

http://www.hudginsmediation.com/blog

Jan 25
Playworks! Teaching Conflict Resolution Skills to Children

Playworks! Teaching Conflict Resolution Skills to Children

Playworks, a non-profit that contracts with schools to bring organization, socialization and conflict resolution skills to school playgrounds, has incorporated rock-paper-scissors in its curriculum. (Disclosure: my daughter…
Jan 17
Persuasion in Negotiation: Tips from Washington, D.C.

Persuasion in Negotiation: Tips from Washington, D.C.

I have been extolling the virtues of listening as a condition precedent to persuasion in mediation and negotiation. It was interesting to read that political pollsters are touting the same thing. The Washington Post had a long article…
Jun 7
Co-Parenting Skills: Credit Where Credit is Due

Co-Parenting Skills: Credit Where Credit is Due

I conducted a divorce mediation recently where the parties have been separated for many years but now have started the divorce process by coming to mediation. They have been co-parenting their children during the separation. We have…

Rank this Week: 3774

Law Offices of Joseph C. Markowitz

Discusses civil procedure, trial practice, employment law and other issues.

http://www.jcmarkowitz.com/

Jan 24
More changes coming to state court

More changes coming to state court

The grand unwelcome budget-cutting experiment in which California courts are currently engaged may result in the undoing of reforms courts have developed over the past several decades to better manage their caseloads. Ideas that both the…
Jan 2
Anatomy of a negotiation

Anatomy of a negotiation

The "fiscal cliff" negotiations of the last couple of months present an interesting case study showing the stages of negotiation usually necessary to make a deal. Congress set the process in motion more than a year ago with a budget agreement…
Dec 19
Planned Early Negotiation

Planned Early Negotiation

Abraham Lincoln, who was a famous trial lawyer before he became a famous president, is supposed to have said: Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity…

Rank this Week: 4694

Real Estate Mediation, Real Estate…

Real Estate Mediation, Real Estate Mediation Services

Covers mediation news. By Jim W. Hildreth.

http://wwwrealestatemediation.blogspot.com/

Dec 28
California Solar Easement and the Solar Shade Control Act

California Solar Easement and the Solar Shade Control Act

California Solar Easement and the Solar Shade Control Act: California’s solar access laws appear in the state’s Civil, Government, Health and SaJim W…
Dec 24
Alameda County Superior Court, Oaklans, CA

Alameda County Superior Court, Oaklans, CA

Untitled, a photo by TulipFleurs on Flickr.Oakland, CA Happy Holidays from Real Estate Mediation Services.http://www.RealEstateMediation.orghttp://www.RealEstateMediation.org
Nov 19
Arbitrator Training Jim Hildreth

Arbitrator Training Jim Hildreth

Arbitrator Training, a photo by JimHildreth on Flickr.Completion of Arbitration Training at The San Francisco Bar Association November 201

Rank this Week: 5233

Blog Arbitration

Online Colloquium on Law & Practice of Arbitration Globally.

http://blogarbitration.com/

Dec 1
Singapore High Court Reaffirms Non-Interventionist Policy: PT Pukuafu Indah vs. Newmont Indonesia Ltd.

Singapore High Court Reaffirms Non-Interventionist Policy: PT Pukuafu Indah vs. Newmont Indonesia Ltd.

In this post, PANAGIOTIS CHALKIAS reports on the recent decision of the Singapore High Court in PT Pukuafu Indah vs. Newmont indonesia Ltd., where the court clarified the policy underlying the International Arbitration Act of Singapore. The…
Oct 2
Arbitrators Enjoy Exclusive Jurisdiction to Grant Interim Measures in Brazil: Superior Court of Justice

Arbitrators Enjoy Exclusive Jurisdiction to Grant Interim Measures in Brazil: Superior Court of Justice

In this Guest Post, FELIPE SPERANDIO updates us on Brazilian Superior Court’s interesting decision holding that once an arbitral tribunal is in place, it shall have the exclusive jurisdiction to grant any interim measures.
Sep 6
INDIAN SUPREME COURT OVERRULES BHATIA INTERNATIONAL – OR DOES IT?

INDIAN SUPREME COURT OVERRULES BHATIA INTERNATIONAL – OR DOES IT?

In this post, SUMIT RAI updates us on the constitutional bench decision of the Supreme Court of India which held that Indian courts would have no jurisdiction over arbitration held outside India.

Rank this Week: 3628

Just Appease Me

An ADR blawg that discusses mediation, arbitration and other interesting cases. By Valenti Law, P.C.

http://valentilaw.wordpress.com/

Nov 29
The Emotions Series – Guilt and Regret «

The Emotions Series – Guilt and Regret «

The Emotions Series – Guilt and Regret « The Intentional Workplace http://ow.ly/fGlfU
Nov 29
Harassment in the Workplace – NYTimes.co

Harassment in the Workplace – NYTimes.co

Harassment in the Workplace – NYTimes.com http://ow.ly/fFRZS
Nov 25
New Senate’s First Task Will Likely Be T

New Senate’s First Task Will Likely Be T

New Senate’s First Task Will Likely Be Trying to Fix Itself – NYTimes.com http://ow.ly/fykgu

Rank this Week: 5219

Reid & Hellyer News

Focuses on business, real estate, litigation, bankruptcy and mediation.

http://www.rhlaw.com/news/

Nov 28
Appellate Court Agrees that Broker Does Not Earn Commission Where Offer is Not "Acceptable To Owner"

Appellate Court Agrees that Broker Does Not Earn Commission Where Offer is Not "Acceptable To Owner"

Reid & Hellyer
Feb 29
Reid & Hellyer Team Supports Client & the Community at the Mission Inn Run in Riverside

Reid & Hellyer Team Supports Client & the Community at the Mission Inn Run in Riverside

One of Riverside
Nov 1
U.S. News Ranks Reid & Hellyer Tier 1 in More Practice Areas Than Any Other Law Office Located in the Inland Empire

U.S. News Ranks Reid & Hellyer Tier 1 in More Practice Areas Than Any Other Law Office Located in the Inland Empire

Reid & Hellyer, a full-service business law firm serving Southern California, was ranked by U.S. News & World Report and Best Lawyers as one of the top firms in inland Southern California for eight business-related practice areas-…

Rank this Week: 1710

DIPr Argentina

Covers international private law (conflicts of law) and international commercial arbitration law and jurisprudence (in Spanish). By Julio Cesar Cordoba and Maria B. Noodt Taquela.

http://www.diprargentina.com/

Nov 26
Una nueva pareja de extranjeros gays se casa en Buenos Aire

Una nueva pareja de extranjeros gays se casa en Buenos Aire

Omar y Federico son uruguayos y contraerán enlace mañana; de regreso en su país exigirán a la Justicia que los reconozca como matrimonio Dos varones uruguayos se casan en Buenos Aires y pedirán el reconocimiento del matrimonio en su…
Nov 21
Presentación del libro "Derecho Internacional Privado de Familia. Perspectiva desde el ordenamiento jurídico argentino"

Presentación del libro "Derecho Internacional Privado de Familia. Perspectiva desde el ordenamiento jurídico argentino"
Oct 20
Conferencia "Aplicación de los tratados o las normas locales más favorables a la cooperación judicial internacional"

Conferencia "Aplicación de los tratados o las normas locales más favorables a la cooperación judicial internacional"

Rank this Week: 5016

The Goal Focused Way

Covers mediation and negotiations.

http://www.thegoalfocusedway.com/

Nov 23
Canadian Regulators Propose to Mandate OBSI’s Dispute Resolution Service

Canadian Regulators Propose to Mandate OBSI’s Dispute Resolution Service

TORONTO , Nov. 15, 2012 /CNW/ – The Canadian Securities Administrators (CSA) today published for comment amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations, which would…
Aug 18
The “Revich Plan” for Peace in the Middle East

The “Revich Plan” for Peace in the Middle East

IMHO the biggest obstacle to peace is not inherent in either side’s current actions. It is the refusal of other governments to acknowledge the blatantly obvious: 1) The Golan Heights and Jerusalem are now fully integrated, and inseparable…
Feb 28
ADR Institute of Ontario partners with Toronto Construction Association

ADR Institute of Ontario partners with Toronto Construction Association

The Toronto Construction Association (TCA) has inked a deal with the ADR Institute of Ontario to offer its members access to experienced mediators and arbitrators at discounted rates.

Rank this Week: 4445

ARABULUCU Blog - Turkish ADR and…

ARABULUCU Blog - Turkish ADR and Negotiations Blog

By Samil Demir.

http://www.arabulucu.com/blog

Nov 13
An alternative to alternative

An alternative to alternative

Malike Polat - Senior ICT Expert, LLM Alternative is a word which may offer true relief when it is actually found in reality. In this aspect it may reinforce an individual’s quality of problem solving mechanism as well. When it comes to…
Oct 11
AUÇD Bas?n Aç?klamas?: “Arabuluculuk e?itimini lisansl? hukuk fakülteleri, Barolar Birli?i ve Adalet Akademisi verecek”

AUÇD Bas?n Aç?klamas?: “Arabuluculuk e?itimini lisansl? hukuk fakülteleri, Barolar Birli?i ve Adalet Akademisi verecek”

Bas?nda ve çe?itli internet sitelerinde yap?lan e?itim duyurular? üzerine halk?m?z? ve ilgilileri dikkatli davranmaya davet etmek üzere bas?n aç?klamas? yapmak gerekmi?tir. Yurt d???nda kurulu vak?f üniversitesi veya dernek-klüp…
Aug 18
CHP Arabuluculuk Yasas? için Anayasa Mahkemesi’ne ba?vurdu

CHP Arabuluculuk Yasas? için Anayasa Mahkemesi’ne ba?vurdu

Milliyet Gazetesi‘nin haberine göre Cumhuriyet Halk Partisi, 6325 Say?l? Hukuk Uyu?mazl?klar?nda Arabuluculuk Kanunu bir k?s?m maddelerinin iptali için Anayasa Mahkemesi’ne ba?vurdu. CHP’nin Anayasa Mahkemesi’ne ba?vurusunu Ankara…

Rank this Week: 2653

Conflict Zen

Covers conflict resolution for organizations, teams, executives and managers. By Tammy Lenski.

http://conflictzen.lenski.com/

Nov 12
In a contest of wills, even winning is losing

In a contest of wills, even winning is losing

I allowed myself to get into a contest of wills the other day. Reflecting on it afterward, I recalled this tale of a radio conversation between U.S. and Canadian naval forces off the coast of Newfoundland in 1995: Americans: “Please…
Nov 10
Do you subscribe to my blog via rss feed?

Do you subscribe to my blog via rss feed?

If you subscribe to my blog via RSS feed, this note is for you. If you subscribe via email, you can safely ignore this message. RSS subscribers: The RSS feed address has changed. If you want to continue to receive my posts (and I hope you…
Nov 5
Don’t run from discomfort during conflict…allow it

Don’t run from discomfort during conflict…allow it

As we began the kriya, my yoga teacher said, “If you feel pain, stop. There are no points for pain.

Rank this Week: 2842

Tulsa Family Law Blog

Covers family law and dispute resolution. By the Law Firm of Naylor, Williams & Tracy, Inc.

http://tulsafamilylaw.wordpress.com/

Oct 31
Forced Resignation Serves as Basis For Child Support And Alimony Reduction

Forced Resignation Serves as Basis For Child Support And Alimony Reduction

When the boss says “resign or I’ll fire you,” and you resign, is that a good faith reduction in income? Can you use your change in income to reduce your child support and alimony? A recent Supreme Court of Oklahoma opinion orders…
Oct 31
Settlement Agreement Prevents Child Support Modification Effort

Settlement Agreement Prevents Child Support Modification Effort

The Supreme Court of Oklahoma gives effect to a settlement agreement between divorced parents requiring both parents to agree in writing to any child support modification. The parents in Scungio v. Scungio divorced in 2009. The couple…
Oct 26
Couple Still Fighting Over House Ten Years After Divorce

Couple Still Fighting Over House Ten Years After Divorce

People getting a divorce generally do not make good business partners. One Oklahoma couple learned this the hard way. After trying to maximize the return on their marital residence, they ended up back in court ten years later. The…

Rank this Week: 3039

One World International Practice…

One World International Practice Blog

Covers judicial and regulatory decisions as well as topics and trends in international litigation, international dispute resolution, and international investigations, regulatory compliance, and enforcement. By Cadwaladar.

http://blog.internationalpractice.org/

Oct 24
Norex Decision, Long in Federal Court, Now Dismissed By State Court Using Borrowing Statute To Shorten Applicable Limitations Period

Norex Decision, Long in Federal Court, Now Dismissed By State Court Using Borrowing Statute To Shorten Applicable Limitations Period

We have posted on the meanderings of the Norex case in federal court (e.g., here). After dismissal from federal court, Norex sued in state court. Norex Petroleum Ltd. v. Leonard Blavatnik, et al., Index No. 650591/11 (Sup. Ct. N.Y.…
Sep 4
Court Denies Non-U.S. Company’s Attempt To Avoid Default, Citing Agency Relationship Between Parent and Sub Justifying Earlier Exercise of Jurisdiction Over Non-U.S. Parent

Court Denies Non-U.S. Company’s Attempt To Avoid Default, Citing Agency Relationship Between Parent and Sub Justifying Earlier Exercise of Jurisdiction Over Non-U.S. Parent

The drywall litigation, arising from the installation into U.S. homes of allegedly defective drywall from China, has included a great many noteworthy international practice issues. Many companies have settled. Others have continued to…
Aug 28
Eleventh Circuit Finds Moot a Post-Judgment Challenge to a Confirmed Arbitral Award, Even When the Challenge Is Made in a Primary Jurisdiction Under the New York Convention

Eleventh Circuit Finds Moot a Post-Judgment Challenge to a Confirmed Arbitral Award, Even When the Challenge Is Made in a Primary Jurisdiction Under the New York Convention

Ingaseosas International Co. v. Aconcagua Investing Ltd., No. 11-10914 (11th Cir. 2012) (unpublished), involves an interesting application of the primary vs secondary jurisdiction doctrine under the New York Convention as well as the…

Rank this Week: 890

Healthcare Neutral ADR Blog

Covers healthcare arbitration and mediation, end-of-life decisions, and medical malpractice claims.

http://www.healthcareneutraladrblog.com/

Sep 18
Could ObamaCare Cause Hospitals To Lose Tax Exempt Status?

Could ObamaCare Cause Hospitals To Lose Tax Exempt Status?

I just read an interesting post by David Whelan on The Health Care Blog. In short, he points out that on full implementation, ObamaCare will drastically reduce the number of uninsured patients seen at most tax exempt hospitals in…
Sep 10
AHLA Offers Enhanced ADR Training Opportunitie

AHLA Offers Enhanced ADR Training Opportunitie

For many years, the American Health Lawyers Association ("AHLA") Alternative Dispute Resolution Service has offered basic (one day) training courses in arbitration and mediation. I just heard from Geoff Drucker, Manager of the ADR…
Sep 4
NJ Bar Health Law Section Opens With Program On Health Reform

NJ Bar Health Law Section Opens With Program On Health Reform

The New Jersey State Bar Association's Health Law Section kicks off its 2012-2013 meeting year on September 11th with a program entitled: "Health Reform Is Alive And Well...Sort Of...The View From Providers And Insurers." It begins…

Rank this Week: 2669

Iván Ríos-Mena

Explore the practical and theoretical ideas about peace-building, suggestions on how to deal with conflict in many arenas, observations of conflict management systems, commentaries on current events, and other meanderings

http://ivanriosmena.com/

Jun 17
TEDxSanJuan 2011: la colección completa

TEDxSanJuan 2011: la colección completa

Hace poco se publicaron los videos de las presentaciones del primer TEDxSanJuan. El evento del diciembre pasado reunió a personas de primer orden que han tenido un impacto en sus campos, mediante ideas atrevidas convertidas en realidad.…
Mar 14
Colegio de Abogados aclara aspectos legales de contratos de Roger Iglesia

Colegio de Abogados aclara aspectos legales de contratos de Roger Iglesia

Ayer se divulgó la posición del Colegio de Abogados de Puerto Rico sobre los contratos del senador Roger Iglesias y el derecho sustantivo del uso de corporaciones regulares para ofrecer servicios de ingeniería. A continuación el texto del…
Jan 29
Ivan Legal Updates and Development

Ivan Legal Updates and Development

I want to let you know about what has been going on in my world and in the world of Ivan Legal LLC. Events:

Rank this Week: 4451

Muzakere Blog

Covers Turkish negotiation law.

http://blog.muzakere.org

Jun 2
10 Bin Müzakereci-Arabulucu – Lider Ö?renci Yeti?iyor

10 Bin Müzakereci-Arabulucu – Lider Ö?renci Yeti?iyor

A?a??da ilginize sundu?umuz videolarda, “10 Bin Müzakereci-Arabulucu-Lider Ö?renci Yeti?iyor Projesi” çerçevesinde, ?zmir ili Buca ?lçesinde 18 lisede uygulanan “akran arabuluculuk” modeli hakk?nda bilgi verilmektedir.…
Nov 6
Avukatlar için müzakere teknikleri kitab?

Avukatlar için müzakere teknikleri kitab?

Av. ?amil Demir taraf?ndan kaleme al?nan ve Adalet Yay?nevi taraf?ndan “Avukat?n Uzla?ma Sa?lama Yetkisi” ad?yla yay?nlanan kitapta, uyu?mazl?k taraflar?n?n bir müzakere yöntemi olan ve Av. K. m. 35/A’da düzenlenen uzla?ma…
Jul 21
Türkçe müzakere kitaplar?

Türkçe müzakere kitaplar?

Arabuluculuk ile birlikte kazan?lmas? zorunlu yeteneklerden olan müzakereye ili?kin olarak Türkçe kaynak say?s? maalesef pek fazla de?il. Amazon.com da “negotiation” aramas?n?n sonuçlar? da bu dü?üncemi teyit ediyor. Bu durumda…

Rank this Week: 4335

Collaborative Divorce Newsblog

Provides tips and news on collaborative divorce worldwide. By Pauline Tesler.

http://www.collaborativedivorcenews.com/

Mar 23
PRACTICAL NEURO-LITERACY: Where Divorce Practice, Neuroscience, and Legal Conflict Resolution Intersect

PRACTICAL NEURO-LITERACY: Where Divorce Practice, Neuroscience, and Legal Conflict Resolution Intersect

Come to Concord, New Hampshire on June 14, 2012 for a dynamic and comprehensive overview/introduction to Neuro-resolution This all-day training workshop is sponsored by the New Hampshire State
Jan 25
Collaborative Divorce and The Rhythm of Love (Marin Style)

Collaborative Divorce and The Rhythm of Love (Marin Style)

The Rhythm of Love (Marin Style) -We lawyers are very familiar with the statistics--nearly everywhere where divorce is freely available, half of all marriages, more or less, will end in divorce. The statistics are even more daunting where I…
Jan 18
Coming up: Collaborative Master Class in Pittsburgh

Coming up: Collaborative Master Class in Pittsburgh

Join me and Woody Mosten in Pittsburgh for a three-day Master Class, on February 2-4, 2012. The class was last presented in St. Louis, with rave reviews. For information, or to register, contact: Mark Gubinsky Here is the agenda for the…

Rank this Week: 3239

Neutral News You Can Use

Features comments on mediation and dispute resolution techniques as reflected in current events and legal developments. By Ruth Raisfeld.

http://neutralnewsyoucanuse.blogspot.com/

Dec 31
Top Negotiations Stories of 2011

Top Negotiations Stories of 2011

2011 was a year of deals made, deals broken, and new theories about human decision-making that provide lessons for all negotiators as they strategize to reach their goals:
Nov 22
Negotiations: impediments faced by the “not-so-special” Congressional deficit-cutting committee precluded a deal

Negotiations: impediments faced by the “not-so-special” Congressional deficit-cutting committee precluded a deal

News that the Congressional special deficit cutting committee concluded negotiations without coming to a compromise was not unexpected, but still disappointing. Negotiations experts can spot the symptoms of a failed negotiation.
Jan 3
Decade ending promises big changes for workplace in the future

Decade ending promises big changes for workplace in the future

The decade ending 12/31/2009 gave birth to totally changed workplaces along with signs that the future workplace will continue to evolve. The "army of the unemployed" referenced by business tycoons in the 1920s led to vast legislative changes…

Rank this Week: 4690

The Law Offices of David Hinson…

The Law Offices of David Hinson Blog

Covers collaborative divorce, collaborative law, and traditional family law topics.

http://davidhinsonlaw.com/blog

Nov 3
The Wedding is Off, So Who Keeps the Ring?

The Wedding is Off, So Who Keeps the Ring?

So Kim Kardashian filed for divorce after only 72 days of marriage. Maybe she was actually being sincere when she said she hoped the marriage would be forever but that things just didn’t work out as planned. But it’s hard not to…
Nov 2
Two Questions You Should Be Asking Your Divorce Lawyer

Two Questions You Should Be Asking Your Divorce Lawyer

There are two common mistakes your lawyer can make during the process of negotiating and settling or litigating your divorce – failing to preserve equitable distribution and/or alimony rights prior to the entry of your divorce judgment, and…
Aug 9
The Psycho Ex Wife v. The High Road

The Psycho Ex Wife v. The High Road

As you may have heard, especially if you watch the Today show, Anthony Morelli was recently ordered by a family court judge to shut down his blog, “The Psycho Ex Wife.” He is currently appealing that order as a violation of his First…

Rank this Week: 5010

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