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Florida lawyers find themselves facing yet another appellate decision invalidating a Proposal for Settlement. Yes, it's been about a month since a Proposal was shot down like this case. Or this one. In our instant case, which admittedly is a new twist on a tired issue, the Fourth District held that Proposals for Settlement cannot be used to resolve cases involving both claims for damages and injunctive relief. In Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Owners Association... Posted on November 18, 2009 at 05:34 pm by Christopher HOPKINS

Two of Florida intermediate appellate courts have now ruled that pre-dispute arbitration clauses which refers health care disputes to the American Arbitration Association (AAA) are nonetheless valid -- even though the AAA will decline the case -- because referral to the AAA is not typically an integral term. Instead, the parites can petition the trial court for another arbitrator. The Second District issued the first case from August 2009 (New Port Richey Medical Investors and Life Care Centers... Posted on November 8, 2009 at 05:07 pm by Christopher HOPKINS

Apparently arbitration-watchers will want to be current on their nursing home case law since the Florida Supreme Court has granted review of Estate of Gessa v. Manor Care. Back in February, we wrote a long post attempting to sew together the long history of a particular nursing home arbitration agreement and the disparate treatment it has received in various Florida intermediate appellate courts. Read that post here. Once your up to speed, join us as we keep an eye on Gessa in the Florida... Posted on November 6, 2009 at 09:15 am by Christopher HOPKINS

I receive certain questions regularly via email, so thought I'd post answers here to save some of you the time inquiring. If you have questions I haven't addressed here, please do leave a comment at the foot of this post and I'll do what I can to answer them there! What was your career path? How can I get into the mediation field? Can someone with my background become a mediator? How do I know if I'd be a good mediator? What mediation certificate and grad programs do you recommend? What... Posted on November 19, 2009 at 10:46 am by Tammy Lenski

A few quick announcements: The American Bar Association is sponsoring a mediation video contest to find the best 3-minute demonstration of mediation process and benefits. If you've got some creativity, they've got $1,000 to part with. Mediate.com reached a major milestone this week, with publication of its 300th free newsletter. Here's the article celebrating the milestone and offering up some interesting readership stats and resources. We're all the better for Jim's and John's fine work. I... Posted on November 15, 2009 at 07:34 am by Tammy Lenski

Prospective clients are checking up on you. They're Googling your name and your business name. They're scanning only the first one or two pages of results. If you've got a website, they're visiting it and looking around. If you don't, they're relying on what others are writing or saying about you. These are the questions they're asking themselves as they rummage about on the 'net: Does she know her stuff? Can I trust him to get it done right? Why should I hire her instead of the mediator down... Posted on November 15, 2009 at 04:24 am by Tammy Lenski

You know its bound to fail, but embracing the web and social networking in the manner WFP has needs to be recognised, celebrated and supported as best one can. As reported in UN Dispatch, the World Food Program launched a new campaign, a billion for a billion. The idea is to link the 1 billion internet [...] Posted on November 22, 2009 at 05:30 pm by Sanjana Hattotuwa

I wrote in April 2008 that, "You know there's something seriously wrong with e-gov when the humanitarian section of official website of the President of Sri Lanka has only a single mention of a human (though one wonders whether the person mentioned also fell into the animal welfare directives of the Mahinda Chintana)&#xe2€&#xa6. From the non-functional and [...] Posted on November 22, 2009 at 04:23 am by Sanjana Hattotuwa

Moomeo is a relatively new site based on a powerful, simple idea. It creates a webpage out of any email sent to post@moomeo.com. This website comes with easy links to share it on Facebook, Twitter and anywhere else on the web. Importantly, it does not show the sender of the email, ensuring that her / [...] Posted on November 13, 2009 at 08:46 pm by Sanjana Hattotuwa

An interesting depiction of global conflict, with data from the Heidelberg Institute for International Conflict Research and graphic from Good Magazine. Posted on January 13, 2009 at 01:30 pm by John

Alright, this has nothing to do with conflict resolution, but it's research that's certainly worth a laugh. From the December British Medical Journal. Published 17 December 2008, doi:10.1136/bmj.a2825 Cite this as: BMJ 2008;337:a2825 Research Christmas 2008: Music Head and neck injury risks in heavy metal: head bangers stuck between rock and a hard bass Declan Patton, research assistant, Andrew McIntosh, associate professor 1 School of Risk and Safety Sciences, University of New South Wales,... Posted on December 29, 2008 at 07:29 pm by John

What is it about December and a lack of interest in mediation and conflict resolution? (via Google Trends) Posted on December 25, 2008 at 08:49 pm by John

Within the last week, as part of a settlement with the Minnesota Attorney General, the National Arbitration Forum decided to voluntarily cease accepting new consumer arbitration case filings in response to mounting legal and legislative challenges. Unfortunately, American consumers now will have no meaningful alternative to length and costly court litigation, a fact that the National Arbitration Forum acknowledged in its July 19th statement. Sunday's statement explains that the FORUM lacks the... Posted on July 23, 2009 at 07:19 am by Editor

Mediation can help overburdened court systems resolve foreclosure disputes says commentator Nick Thomas, Esq. in a TCPalm.com story (Mediation loosens the budget squeeze for courts and litigants, 6/23/2009). Mandatory mediation programs have began in Indian River, Martin, St. Lucie, and Okeechobee counties in Florida. Thomas supports this move and thinks the system could serve as a model for other disputes: A better system would be to follow the lead of the foreclosure program and refer divorce... Posted on July 17, 2009 at 02:29 am by Editor

We are pleased to share from alternative dispute resolution professional Diane Levin the following "Top 5 Tuesdays" post. 5 New ADR Blogs to Add to Your Reading List Over four years ago, I launched my mediation blog, Mediation Channel. At that time just a handful of ADR practitioners published blogs. Since that time, there's been an exponential increase in the number of ADR practitioners and scholars who have turned their talents for writing to the medium of blogging, where many now share their... Posted on July 14, 2009 at 02:35 am by Editor

[Image: Anselm Feuerbach's painting of a scene from Plato's Symposium, 1869.] The Cardozo School of Law Journal of Conflict Resolution will hold its 11th annual symposium in New York City on Thursday, November 5, 2009, entitled "Conflict Resolution at Work, ADR in the Private and Public Sectors." The full day program will include panels on the use of ADR in real estate, federal government and healthcare. I will be part of the panel on healthcare along with moderator Ellen Waldman, Jerry P.... Posted on October 30, 2009 at 08:54 am

Dan Ariely's Predictably Irrational blog pointed me to a recent article in Economist.com called "Malice Aforethought." The article reviews a study in Psychological Science by Drs. Kurt Gray and Daniel Wegner of Harvard University that essentially asked the question: "If someone accidentally steps on your toe, it hurts. But does it hurt more if you think he did it deliberately?" According to The Economist, their answer is that it probably does. The article describes the tests administered by... Posted on February 12, 2009 at 08:53 am

Yesterday's Wall Street Journal Health Blog had a post by Jacob Goldstein on the potential struggle brewing between primary care physicians and specialist physicians over the need to free up more money for primary care - a widely accepted element of necessary healthcare reform. Earlier that day, the American College of Physicians called for more federal funding for primary care, not through "budget neutral" adjustments in the Medicare physician fee schedule (i.e., by reducing payments to... Posted on February 3, 2009 at 05:03 pm

This is the last of a series entitled "Lemon Law: 5 Things You Should Know." It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want [...] Posted on November 12, 2009 at 01:50 pm by Gini

This is part of a series entitled "Lemon Law: 5 Things You Should Know." It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to [...] Posted on November 12, 2009 at 01:48 pm by Gini

This is part of a series entitled "Lemon Law: 5 Things You Should Know." It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to [...] Posted on November 12, 2009 at 01:45 pm by Gini

Regular visitors to this blog will have noticed a gradual decline in posting over the last couple of months. Life, dear reader, has got busy and the call of the keyboard is not what it was after 1016 posts. I have decided to pack it in. To some extent I feel this blog has achieved its aim of bringing the best of the ADR web to those who might not have otherwise sought it out. I leave you in the hands of many doing exactly that and better than I ever could. To my blogging buddies; my apologies... Posted on August 12, 2009 at 01:49 pm

An intriguing article (abstract only) in July's Negotiation Journal (Jul 2009. Vol. 25) by Stephen Goldberg, Margaret Shaw, Jeanne Brett reporting the results of two studies; "... a glance at the rosters of some of the major mediation providers shows that between 40 percent and 60 percent of their mediators are former judges. This influx of former judges into the mediation ranks raises several questions that we address in this article: 1. Are former judges achieving success as mediators of... Posted on August 10, 2009 at 06:52 pm

Today in Wellington at Te Papa, our national museum, we are enjoying the most stimulating gathering of mediators at the New Zealand Arbitrators' and Mediators' Institute Conference '09. Program here. North Carolina mediator, attorney and author Andy Little is here as guest speaker and workshop presenter. For anyone interested in negotiating or mediating money claims, Andy is a must see and a must read is his Making Money Talk. Andy spoke on The Language of Numbers: Mediating and Negotiating... Posted on August 7, 2009 at 06:50 pm

This podcast was produced by Barbara Jones, a student in the 2008 session of Roots of Social Conflict (DR7100), a course in the Master of Arts in Dispute Resolution Program at Wayne State University. Barbara took our conflict briefing paper assignment and jazzed it up to create an audio version that of necessity covers a complex case in a short time. The case involves a dispute over renaming a High School in Florida that was named after former KKK leader Nathan Bedford Forrest. Listen and... Posted on December 15, 2008 at 09:10 pm by WSU Student

This is a recording of the 4th annual Stanley "Hank" Marx Lecture Series In Dispute Resolution held at Wayne State University. Our speaker this year is the new Dean of Wayne State's Law School and a longtime advocate for alternative dispute resolution, Robert M. Ackerman. The talk was entitled "Astride Two Worlds: Lawyers and Other Professionals in Dispute Resolution" and featured a distinguished panel of respondents: Sheldon G. Larky, Esq, Howard Lischeron, Executive Director, Wayne Mediation... Posted on November 2, 2008 at 02:34 am by Bill Warters

This episode focuses on the 2008 Summer Doctoral Seminar hosted by Wayne State University's Department of Communication. The theme was "Communication Activism: Engaged Scholarship" and it featured guest scholar Dr. Larry Frey from the University of Colorado. We get to hear from some of the student participants and listen in on an engaging discussion that took place after students returned from a activists' tour of Detroit. Interviewed participants include Audrey Wagstaff, Brian Ekdale, Janet... Posted on June 21, 2008 at 08:03 pm by Bill Warters

Agile creativity is the sweet spot at the intersection of planning and improvising. With the help of David Armano's image, I propose that's the intersection from which skilled mediators work much of the time. David, whose influential marketing blog, Logic+Emotion, is a source of inspiration about creativity, design and user experience, says this about agile creativity: Agile Creativity is about planning for a variety of scenarios-anticipating and developing a strategy, but not being so rigid as... Posted on August 16, 2007 at 12:45 am by Tammy Lenski

Mediation & Applied Conflict Studies core faculty member David Specht was quoted recently in an InterPress Service story about Soliya, for whom David serves as a volunteer facilitator. The Soliya Connect Program uses web-based videoconferencing technology to create weekly meetings between small groups of university students from the US and predominantly Muslim Countries in the Middle East. With the help of facilitators like David, the students engage in dialogue about the relationship... Posted on August 16, 2007 at 12:02 am by Tammy Lenski

Fellow mediator, ADR blogger, road warrior Geoff Sharp recently found himself in a beautiful-but very cold-spot in the world. In his post about it, Geoff wrote, Tammy, if your Woodbury College grad students are reading this at the start of class on a summer's day, tell them please that this is the reality of the coalface for just one of an increasing number of mediation road warriors - but that none of us would change it for all the tea those aggressive tourists have back there in far away... Posted on July 19, 2007 at 11:44 am by Tammy Lenski

In virtually every construction setting, in most projects involving municipalities or other governmental agencies, and in a broad spectrum of commercial settings, certificates of insurance are issued by insurance agencies as confirmation and proof of insurance. Although these certificates are frequently tucked into a risk manager's file and not reviewed in detail, they are often the key document that a property owner, general entity, or governmental unit relies upon to demonstrate that... Posted on April 2, 2007 at 07:08 am by Blog Editors

In this post-Enron era, corporate officers and directors, are increasingly being named as defendants in major litigation. The media has also placed a spotlight on borderline practices that may previously have gone unnoticed. For example, a Wall Street Journal article looking at questionable practices concerning stock options, including back-dating of options, helped precipitate a wave of litigation. Litigation over corporate practices, including class action litigation, can be extremely... Posted on March 30, 2007 at 08:08 am by Blog Editors

Posted on February 3, 2007 at 06:15 am by Blog Editors

Ma&#xc3&#xb1ana jueves 5 de noviembre de 2009 a las 15 hs. se dictar&#xc3&#xa1 en el aula 1 de extensi&#xc3&#xb3n universitaria de la Facultad de Derecho de la UBA una conferencia sobre la Resoluci&#xc3&#xb3n alternativa de disputas: evaluaci&#xc3&#xb3n neutral previa. La experiencia norteamericana. La misma estar&#xc3&#xa1 a cargo de Wayne Brazil, quien ser&#xc3&#xa1 presentado por Gladys &#xc3lvarez. La entrada es libre y gratuita y se entregar&#xc3&#xa1n certificados de asistencia. Posted on November 4, 2009 at 03:53 am by Julio César Córdoba

El pr&#xc3&#xb3ximo d&#xc3&#xada martes 17 de noviembre a las 19 horas la profesora Katharina Boele-Woelki dictar&#xc3&#xa1 una conferencia titulada "The Application of a Law other than a National Law in International Contracts". La presentaci&#xc3&#xb3n de la disertante estar&#xc3&#xa1 a cargo de la profesora Mar&#xc3&#xada Blanca Noodt Taquela. Katharina Boele-Woelki es profesora de Derecho internacional privado, Derecho comparado y Derecho de Familia de la Universidad de Utrecht, Pa&#xc3&#xadses Bajos. Ha sido investigadora en el departamento de... Posted on November 3, 2009 at 03:08 am by Julio César Córdoba

El a&#xc3&#xb1o pasado la Convenci&#xc3&#xb3n de Nueva York de 1958 sobre el Reconocimiento y Ejecuci&#xc3&#xb3n de las Sentencias Arbitrales Extranjeras cumpli&#xc3&#xb3 sus primeros 50 a&#xc3&#xb1os de vida. Dif&#xc3&#xadcilmente este tratado requiera presentaci&#xc3&#xb3n de mi parte: vigente en casi todo el planeta, es uno de los instrumentos internacionales m&#xc3&#xa1s exitosos y ha sido definido como la piedra fundamental del arbitraje comercial internacional. Los aniversarios son ocasiones propicias para realizar balances y tal vez por eso la... Posted on October 16, 2009 at 03:28 am by Julio César Córdoba

After having founded the Workplace Fairness Institute in 2005 and working hard to ensure a reputation for fairness and partnership in the workplace, I was appalled to find that our name was being used by a right wing U.S. organization to oppose the Employee Free Choice Act The Employee Free Choice Act would serve to allow protections to employees who sought to organize into a union. This Act provides protections similar to what Canada has had for many years. These protections have ensured that... Posted on November 7, 2009 at 12:00 am by Blaine Donais

Greetings Fairness Enthusiasts! I am proud to announce that the Workplace Fairness Institute has added a new associate - Bernd Weller, who will be acting as Vice President and Senior Consultant of the WFI. Bernd is a seasoned management consultant who has moved into the world of conflict management systems analysis and design. He will be working with me to provide fairness assessments for workplaces around the world. Welcome Bernd! We have some big plans on the horizon, so stay tuned! Also I... Posted on July 27, 2008 at 01:11 am

Hi all: This note is for those of you who will be attending the Blogging Seminar advertised by the Ontario Bar Association ADR Section. Here is how it reads: The ADR/Law Blogger: Free Marketing Is Just 15 minutes Away" Blogs are quickly overtaking web sites as the most important web based marketing tool available to practitioners in the ADR and legal communities. They cost nothing to set up, are easy to use and update, have higher visibility on the web than websites, are an excellent source of... Posted on June 4, 2007 at 01:48 pm

Jacob Weisberg in Newsweek: "Any news organization that took its responsibilities seriously would take pains to cover presidential criticism fairly. It would regard doing so as itself a test of integrity. At Fox, by contrast, complaints of unfairness prompt only hoots of derision and demands for "evidence" that, when presented, is brushed off and ignored... Fox's model has invaded the bloodstream of the American media. By showing that ideologically distorted news can drive ratings, Ailes has... Posted on October 20, 2009 at 09:59 am by Colin Rule

Bono in the NYT today: "The Nobel Peace Prize is the rest of the world saying, "Don't blow it." But that's not just directed at Mr. Obama. It's directed at all of us. What the president promised was a "global plan," not an American plan. The same is true on all the other issues that the Nobel committee cited, from nuclear disarmament to climate change - none of these things will yield to unilateral approaches. They'll take international cooperation and American leadership. The president has set... Posted on October 18, 2009 at 06:15 pm by Colin Rule

Gene Lyons on Salon: "Appearing on CNN's "Reliable Sources," the White House's Dunn made it clear that the Obama administration intends to deal with the network as a political enemy. "We're going to treat them the way we would treat an opponent," she subsequently told The New York Times. "As they are undertaking a war against Barack Obama and the White House, we don't need to pretend that this is the way that legitimate news organizations behave." {...} Providentially, the Obama administration... Posted on October 16, 2009 at 09:18 am by Colin Rule

In this week's Blawg Review, the IP ADR Blog covers the best ADR posts of the week. Because virginity is this week's Blawg Review theme, Elizabeth the First -- who brought the world Shakespeare and England an unprecedented reign of peace -- heads up the ADR posts below. In honor of Elizabeth, I give you posts from my own ADR blog posse this week. First, we honor the newest member, Nancy Hudgins of Civil Negotiation and Mediation who has proven her bargaining cajones by negotiating the price of... Posted on August 5, 2008 at 05:03 pm

YES YOU CAN PRE-ORDER THIS BOOK NOW RIGHT HERE! To read review, click on upper right hand corner and then on "view full screen" on the drop-down menu! Book Review of Conflict Revolution; Mediating Evil, War, Injustice and Terrorism: How Mediators Can Help Save the Planet by Kenneth Cloke reviewed by Victoria Pynchon - Get more free documents Posted on March 25, 2008 at 12:58 pm

For those who do a lot of pro bono work for Mercury (we don't pay no stinkin' mediators) Insurance Company, the following report might be of interest. A Los Angeles Superior Court jury has returned a special verdict of fraud and breach of the implied covenant of good faith and fair dealing against Mercury Casualty Co. and awarded compensatory damages of $170,000 and punitive damages of $3 million. At trial, Jo Anna Moore, Mercury's senior vice-president of claims, testified that her company had... Posted on March 4, 2008 at 08:57 am

As I sat down today to rifle through my growing file of unread RSS feeds I stumbled upon Diane Levin's blog post, "The why's have it: teaching curiosity for effective negotiation and mediation." Sheer genius I tell you ,sheer genius! I cannot tell you how many articles I have read, webinars and seminars I have attended, and blogs I have written that list for us the most important qualities of a mediator. We all discuss "patience," "perseverance," "objectivity," and "creativity" and we can all... Posted on November 18, 2009 at 05:07 am by Upchurch Watson White & Max

The Upchurch Watson White and Max Mediation Group is pleased to announce that third year law student Whitney Henry has been selected as the 2009-2010 Cumberland School of Law Rodney Max Mediation Fellow. Established by Rodney A. Max, principal at Upchurch Watson White and Max, nationally renowned mediator, and 1975 graduate of Cumberland School of Law, the fellowship recognizes the interest, achievements and scholarship of Cumberland students in the area of mediation. Ms. Henry was selected as... Posted on October 29, 2009 at 06:33 am by Upchurch Watson White & Max

Many thanks to James F. Bleeke of SweetinBleeke in Indianapolis. He provided me with the article Mediation Strategies: What Plaintiffs Really Want that was very insightful for many reasons, not the least of which is that it suggests depositions can be used as a mediation tool. Counterintuitive&#xe2€&#xa6Right? Not really&#xe2€&#xa6 Jim points out that there are many key motivating factors for plaintiffs as they struggle through the litigation process and head toward mediation and trial. He suggests that those... Posted on October 26, 2009 at 02:23 am by Upchurch Watson White & Max

by Michael D. Young Here we go again. A California appellate court has judicially created another exception to mediation confidentiality -- this one for alleged attorney malpractice occurring during the mediation but outside the presence of the mediator or opposing parties. Cassel v. Superior Court (.pdf). Essentially, the court (in a 2-1 vote) holds that a communication with one's attorneys only -- one that does not involve the mediator or the opposing party -- is not part of the mediation... Posted on November 14, 2009 at 08:06 am

Whether a commercial case can be settled or not often depends upon the existence of insurance coverage. This opinion - answering the question "yes" for a trademark infringement action - was sent down by the California Court of Appeal today. Caveat reader: I haven't read the case yet and am only providing the summary provided by a local legal rag below (I'll come back to this). Where insurance policy defined covered "advertising injury" as "injury arising out of one or more of the following... Posted on November 13, 2009 at 07:45 pm

If you'd like to better understand what's really going on in separate-caucus mediation and, by the way, also in famous "conversation" happening in the blogosphere, do check out the New Yorker's Cass R. Sunstein and Political Rumors on the Internet by Elizabeth Kolbert. Excerpt below and my own short article on conspiracy theories in the adversarial system here. There is virtually no opinion an individual can hold that is so outlandish that he will not find other believers on the Web. "Views... Posted on October 29, 2009 at 10:18 am

09 Kas&#xc4&#xb1m 2008 tarihinde arabulucu.com anasayfas&#xc4&#xb1nda bir anket yapmaya ba&#xc5&#x9flad&#xc4&#xb1k. Anket tarihten de anla&#xc5&#x9f&#xc4&#xb1laca&#xc4&#x9f&#xc4&#xb1 &#xc3&#xbczere tam bir y&#xc4&#xb1l s&#xc3&#xbcrd&#xc3&#xbc. Anketle hedeflenen konuyla ilgilenen kesimlerin kar&#xc5&#x9f&#xc4&#xb1lar&#xc4&#xb1nda ne profilde arabulucu g&#xc3&#xb6rmek istediklerine ili&#xc5&#x9fkin yorumlanabilir bir veri elde etmekti. Ama&#xc3&#xa7lanan, arabulucunun hukuk&#xc3&#xa7u mu yoksa her mesleklerden mi olmas&#xc4&#xb1 gerekti&#xc4&#x9fini sorgulamak de&#xc4&#x9fildi. Ama&#xc3&#xa7 arabuluculu&#xc4&#x9fun "her" &#xc3&#xbcniversite mezununun dahil olaca&#xc4&#x9f&#xc4&#xb1 bir meslek mi yoksa,... Posted on November 10, 2009 at 01:18 pm by admin

Y&#xc4&#xb1llar&#xc4&#xb1n&#xc4&#xb1z&#xc4&#xb1 verdi&#xc4&#x9finiz, emekle b&#xc3&#xbcy&#xc3&#xbctt&#xc3&#xbc&#xc4&#x9f&#xc3&#xbcn&#xc3&#xbcz evlili&#xc4&#x9finiz sona m&#xc4&#xb1 eriyor? &#xc4&#xb0ki taraf i&#xc3&#xa7inde a&#xc4&#x9f&#xc4&#xb1r bir bedel olan ayr&#xc4&#xb1l&#xc4&#xb1&#xc4&#x9f&#xc4&#xb1 m&#xc4&#xb1 ya&#xc5&#x9f&#xc4&#xb1yorsunuz? &#xc3&#x87ok y&#xc4&#xb1prand&#xc4&#xb1n&#xc4&#xb1z, &#xc3&#xbcz&#xc3&#xbcld&#xc3&#xbcn&#xc3&#xbcz ve ac&#xc4&#xb1 m&#xc4&#xb1 &#xc3&#xa7ekiyorsunuz? &#xc5žimdiye kadar ya&#xc5&#x9fad&#xc4&#xb1&#xc4&#x9f&#xc4&#xb1n&#xc4&#xb1z hayat&#xc4&#xb1, film kareleri halinde ekranda, Sinan &#xc3&#x87etin'in sunumuyla izlemek ve evlili&#xc4&#x9finize bir &#xc5&#x9fans daha vermek istemez misiniz? Aile bireylerinizin, yak&#xc4&#xb1n dostlar&#xc4&#xb1n&#xc4&#xb1z&#xc4&#xb1n, sizin ve e&#xc5&#x9finiz hakk&#xc4&#xb1ndaki yorumlar&#xc4&#xb1n&#xc4&#xb1, dahas&#xc4&#xb1 profesyonel bir... Posted on November 3, 2009 at 04:58 am by admin

Roma Asliye Hukuk Mahkemesi Hakimi Gabriella Muscolo'ya g&#xc3&#xb6re; dava yolu ile ADR yolunun se&#xc3&#xa7imi ve her iki yolun lehe ve aleyhe olan yanlar&#xc4&#xb1n&#xc4&#xb1n dengelenmesi i&#xc3&#xa7in uyu&#xc5&#x9fmazl&#xc4&#xb1&#xc4&#x9f&#xc4&#xb1n &#xc3&#xa7&#xc3&#xb6z&#xc3&#xbcm&#xc3&#xbcnde se&#xc3&#xa7ilmesi gereken &#xc3&#xa7&#xc3&#xb6z&#xc3&#xbcm yolu belirlenirken her uyu&#xc5&#x9fmazl&#xc4&#xb1k i&#xc3&#xa7in a&#xc5&#x9fa&#xc4&#x9f&#xc4&#xb1daki sorular sorularak karar verilmelidir: Uyu&#xc5&#x9fmazl&#xc4&#xb1&#xc4&#x9f&#xc4&#xb1n &#xc3&#xa7&#xc3&#xb6z&#xc3&#xbcm&#xc3&#xbcne ADR profesyonelleri mi yoksa hakimler mi daha yetkin? Suistimallerin &#xc3&#xb6nlenmesinde ADR mi yoksa dava yolu mu daha ba&#xc5&#x9far&#xc4&#xb1l&#xc4&#xb1 olacakt&#xc4&#xb1r? Gizlili&#xc4&#x9fi... Posted on October 27, 2009 at 02:45 am by admin

I recently read a post on a business news blog that discussed how to deal with the distractions presented by the Internet. The article described the common problem of starting out researching one topic and then drifting from topic to topic, but I digress. The writer had some interesting suggestions on how to stay focused on what you are looking for, and I thought the ideas, simple as they are, were equally applicable to Collaborative Law cases. So, with a nod to the Harvard Business Blog, here... Posted on October 21, 2009 at 01:49 am by Dick Price

Tracy Stewart is a CPA in College Station and a very active neutral financial expert in Collaborative cases. She is also a very good writer and produces an excellent blog, the Texas Divorce Finance Blog. She mixes common sense, good financial advice and very appropriate suggestions for Collaborative cases. She recently posted about a common problem that many people face. No matter how many times attorneys and other professionals tell clients not to listen to what their well-meaning family,... Posted on September 2, 2009 at 03:03 pm by Dick Price

As the Family Law Prof Blog recently pointed out, one more major step has been taken to anchor Collaborative Law into our legal system. The Uniform Law Commission voted on July 15, 2009 to adopt the Uniform Collaborative Law Act. The U.L.C. is a national organization that studies selected legal issues, drafts proposed statutes, debates the proposals and then adopts or turns down the proposed acts. After a little fine tuning, the adopted act is sent to the American Bar Association which is asked... Posted on August 1, 2009 at 03:05 pm by Dick Price

Listening to Wisconsin Public Radio today, I heard a statistician discussing lingustic research that measures the "mood of the nation" - happy or sad. Christopher M. Danforth, Assistant Professor, Department of Mathematics and Statistics, College of Engineering and Mathematical Sciences, University of Vermont, claims that he can determine how happy or sad we are collectively by monitoring the things we read or listen to, such as song lyrics, blogs and speeches. Not surprisingly, he reminded us... Posted on September 4, 2009 at 11:47 am by Attorney Michael A. Pollack

The recent settlement of the Minnesota Attorney General's lawsuit against National Arbitration Forum (NAF) was a welcome development for consumers. Minnesota alleged that the company-which had been named as the arbitrator of consumer disputes in tens of millions of credit card agreements-hid from the public its extensive ties to the collection industry. Under the settlement, NAF must stop accepting any new consumer arbitrations and will permanently stop administering arbitrations involving... Posted on August 14, 2009 at 06:38 pm by Attorney Michael A. Pollack

Thomas Friedman, the New York Times columnist, recently opined that what Iraq needs, now that U.S. and coalition forces are finally scheduled to pull out, is a "big, tough mediator" to help its various religious and ethnic groups live together without blowing each other up. (See article.) It might actually take a platoon of big tough mediators, but it is nice to see such a vote of confidence for the Mediation profession from a Pulitzer Prize-winning author and journalist. There are... Posted on July 23, 2009 at 11:30 am by Attorney Michael A. Pollack

The dispute resolution community is delighted that Obama, the Mediator in Chief, employed a common dispute resolution tool when he hosted Professor Gates and Officer Crowley to a beer in the garden. Changing the venue, taking the disputants to the balcony, discussing problems over a meal, making a toast --this approach to peace-making is as old as the hills, as the saying goes. Calling this attempt at dialogue, a 'teachable moment,' is a good, neutral method of turning the page and getting the... Posted on July 31, 2009 at 11:18 pm by Ruth Raisfeld

The United States Supreme Court issued another 5-4 decision in an employment discrimination case today, Gross v. FBL Financial Services, Inc. (June 18, 2009). In the majority opinion, Justice Clarence Thomas ruled that a plaintiff in an age discrimination case must prove by direct evidence "that age was the 'but for' cause of the challenged adverse employment action." In the two dissenting opinions, one by Justice Stevens and one by Justice Breyer, the minority of justices opined that earlier... Posted on June 18, 2009 at 08:20 am by Ruth Raisfeld

Kenneth R. Feinberg, recently named by the Obama administration as Special Master of Executive Compensation of corporations receiving TARP money, is being called the "Pay Czar." But as the New York Times reports today, "If there is one thing Kenneth R. Feinberg does not like to be called, it is a czar." In the dispute resolution community, Feinberg is known for being a master mediator -- one who helps disputants resolve conflict voluntarily -- by using persistence, patience, and subject matter... Posted on June 10, 2009 at 11:39 pm by Ruth Raisfeld

During these troubled financial times in Georgia, we have noticed a huge increase in Garnishment actions being filed in Atlanta, Georgia courts. In some instances, the Garnishments are incorrect or have been placed on the wrong accounts. The biggest mistakes that we have seen occur, however, are when small businesses ignore the garnishment rather than hiring an Atlanta business lawyer as soon as possible. A good Atlanta business lawyer will review the garnishment action to determine the proper... Posted on July 23, 2009 at 03:44 pm by Meriwether & Tharp

If you are a starting a georgia corporation and considering a catchy trade name, it is extremely important that any contracts you sign list the actual name of your corporation. In forming new corporations, our clients often come up with a catchy name after we incorporate their business that they want to use instead of their corporate name. Generally speaking, there is nothing wrong with this. If the name is a good one, it could mean a great deal of money for the new business from a marketing... Posted on June 23, 2009 at 03:40 pm by Meriwether & Tharp

If you are a Georgia Small Business owner, certain tax incentives have been created, extended or expanded in the way of business tax deductions and credits under the American Recovery and Reinvestment Act (ARRA), enacted in February. The bonus depreciation and increased section 179 deduction, for example-are only available this year, eligible businesses only have a few months to take action and save on their taxes. Many Georgia small businesses that invest in new property or equipment may be... Posted on June 22, 2009 at 11:22 am by Meriwether & Tharp

Conflict Zen is about simple and effective habits for untangling workplace disagreements and getting back on track. Written primarily for executives, managers, business partners, HR professionals, and employees. Visit Conflict Zen. Posted on June 19, 2009 at 08:03 am by Tammy Lenski

Making Mediation Your Day Job is about mastering the mediation craft and becoming a successful ADR (alternative dispute resolution) business owner. This blog ultimately became a book and I continue to post ideas and tips for mediators, arbitrators, conflict coaches, mediation trainers and conflict resolution teachers. Visit Making Mediation Your Day Job. Posted on June 19, 2009 at 08:02 am by Tammy Lenski

The Year 20 Reboot is about a year-long experiment in year twenty of my own marriage. It's about maximizing the many things that are great in our relationship and cleaning out the glitches that get in the way of our daily joy. I'm applying some of the approaches I teach to my clients and figuring out some new ones in this very personal research project. Visit The Year 20 Reboot. Posted on June 19, 2009 at 08:01 am by Tammy Lenski

After realizing that a divorce is probably inevitable, the subject of employing attorneys is a subject that comes to the forefront of discussions between a couple. The cost of this service is of course a major concern. A couple should understand that this is, in and of itself, an important decision. The couple should realize that one attorney is ethically prohibited from representing both parties. As a result, both parties often retain the services of an attorney. Before employing attorneys,... Posted on June 2, 2009 at 01:24 pm

No-Fault Divorces In 1976, the Mississippi Legislature passed a no-fault divorce statute. As a result, divorces may now be obtained by agreement without regard to fault. The key to utilizing this method to obtain a divorce is "agreement of the parties". In order to obtain a divorce, the parties must agree to obtain the divorce. Then the parties must reduce their agreement to writing and have it approved by the court. The parties may agree to submit issues concerning custody and financial issues... Posted on May 21, 2009 at 09:53 am

Fault Divorces Prior to 1976, all divorces granted in Mississippi were granted on a fault based system. The fault must fall into one of several classifications. Among the most common classifications are: Adultery Habitual cruel and inhuman treatment Habitual drug and alcohol use Desertion for more than a year To obtain a divorce on a fault ground, one of the parties must file a suit against the other spouse and prove the ground in open court. This is not always as easy as one might believe. In... Posted on May 21, 2009 at 08:19 am

Social Media- you mean when reporters go for drinks? Honestly, who doesn't get a little befuddled understanding what social networking is and what it's good for. Facebook, Twitter and the array of social bookmarking sites (Digg, Stumbleupon, Kirsty, Fark) all essentially do the same thing. They connect people of like mind or interest. It's the unique path each puts takes to reach the gal that makes most of them worth exploring a little bit. For that reason, and the fact I'm pretty skeptical yet... Posted on November 3, 2008 at 08:57 pm by Dina

I'm a big believer in the power of our own dreams. If you read Mensch at all you know that already. Being passionate about your work, the people, the future can't be underestimated, I think. Believing has gotten me through some pretty hairy moments when people thought I was crazy, a maverick or both. And what I believe most is that all the answers you, or I, need are already waiting for us. We just have to find them. Where are Our Role Models? One of the best places to look are in case studies.... Posted on October 28, 2008 at 05:14 pm by Dina

The Internet is a wonderful thing&#xe2€&#xa6when it works. Early on, finding anything I wanted on the internet seemed like a miracle. Curious about blogs. Search blogs and up pops articles and tools about blogging. Curious about how mediation is used by corporations? Blam&#xe2€&#xa6.there it is. Having more information than would normally be available in a convenient way-right at my fingertips- was very exhilarating. I bet you felt the same way. Now, as the internet has evolved, things have changed. And,... Posted on October 21, 2008 at 03:08 pm by Dina

I am happy to report that the team from my alma mater, Pepperdine Law School, won the prestigious Willem C. Vis (East) International Commercial Arbitration Moot in Hong Kong. The event is hosted annually and law students from all countries are eligible to compete. The moot always involves a contract dispute between two countries that are party to the United Nations Convention on Contracts for the International Sale of Goods. Traditionally, the Vis Arbitral Moot has been held in Vienna; the Hong... Posted on March 30, 2007 at 10:50 am by Erin E. Gleason, Esq.

Tomorrow, March 8th, is International Women's Day. It is a time set aside for people to celebrate the achievements of women around the world, and to inspire women to achieve their full potential. Observed since the early 1900's, International Women's Day has developed into an event celebrated the world over. Here are just a few examples of events that will happen this week: Pakistan: The first Women Excellence Awards will take place, an event to thank, congratulate and commemorate women's... Posted on March 7, 2007 at 07:30 am by Erin E. Gleason, Esq.

Various dispute resolution organizations are recognizing the importance of mentoring in developing one's practice. Mentoring can be an essential tool in honing technique, forming marketing strategies and building up your network early on in your career. Next month, at its annual meeting, the ABA Section of Dispute Resolution will sponsor a program entitled, "The Mentoring Master Class: Every Mediator Needs a Mentor, Every Mediator Can Be A Mentor, Too". Discussions will center on what you need... Posted on March 1, 2007 at 02:46 am by Erin E. Gleason, Esq.