The Mediate.com Newsletter
March 22, 2007 #188
The Where of Mediation: Choosing the Right Location for a Facilitated Negotiation
by Paula Young
Very few authors have considered the importance of choosing a comfortable location for mediation. Thoughtful consideration of the mediation environment enhances party self-determination, supports quality decision-making, and can enhance the appearance of the mediator’s neutrality. It could be the most important decision made by a mediator or a lawyer representing a party.
How to Avoid An Argument: Stay In - Do Not Go Outside
by Jill Nagle
While I expect conflict in human life, I’ve noticed that argument is optional. Sort of like the Buddhist saw that pain is inevitable, but suffering is optional. Suffering and argument both issue from how we describe what’s going on outside us, usually referring to notions of what is or ought to be. What’s inside us, however, usually proves to be very simple: my needs are not met, so I feel pain or discomfort.
Keith Seat’s Mediation News](http://www.mediate.com/adrnews) (03/21/07)
- ABA Mediation Quality Task Force Focusing on Users
- SEC Approves NYSE Mediation Rule Change
- Court Requires Privilege Log of Mediation Documents
- Romania Holds First Mediation Congress
- Hong Kong Court May Sanction Unreasonable Refusal to Mediate
- China’s Justice Minister Promotes Mediation
National Conference of Minority Professionals in ADR May 16-18 in Columbus
Registration is open for the 3rd National Conference of Minority Professionals in ADR, presented by Capital University Law School, May 16-18, 2007, at the Convention Center in Columbus, Ohio. Pre-Conference trainings, May 15. Early Bird registration is only $195 by March 31! Over 60 conference workshops in Skill Building; Gaining Access and Opportunities in ADR; Labor and Employment Mediation & Arbitration; Multiculturalism; and Impact of ADR on Minority Clients and Communities. Twelve pre-conference sessions include trainings for various skill levels and interests, and range from four(4) to 20 hours ($50-$200) each. The $200 trainings include the total conference fee. Log on to www.law.capital.edu/adr.
Collaborative Law Unethical Says Colorado Bar Association
by Diane J. Levin
Collaborative law, a process in which lawyers and their clients contractually agree to pursue non-adversarial means of resolving disputes and reaching agreement without going to court, has become an increasingly popular way to address divorce, family, and other matters. It is designed to utilize and foster mutual respect, joint problem solving, open communication, and interest-based negotiation. If the process fails and the client wishes to proceed to court, the lawyer must withdraw and the client must choose another lawyer.
Jeld-Wen, Inc. V. Superior Court: Lessons In Mediation Of Complex Litigation
by Michael P. Carbone
In Jeld-Wen, Inc. v. Superior Court of San Diego County D048782, filed January 4, 2007, the Court of Appeal for the Fourth Appellate District held that trial courts do not have the authority to order parties in a complex civil action to attend and pay for private mediation.
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Unstructured Construction Mediation - Going With the Flow
by Gary Morgerman
Every mediator has their own style within the standard format. Sometimes, however, events dictate a change in the format as well. And sometimes, when the right ingredients are present, the mediator can ‘cut to the chase’ and get the job done and thereby reveal how efficient and cost-effective mediation can be when some of its ritualistic, excess baggage is tossed overboard.
How To Choose an Employment Arbitrator
by Norm Brand
Many labor and employment lawyers are accustomed to choosing arbitrators in collective bargaining cases. They are familiar with the structure of collective bargaining arbitration and the considerations that go into choosing an arbitrator. Employment arbitration is structurally different from collective bargaining arbitration and requires different considerations in choosing an arbitrator. Labor and employment lawyers who are not familiar with collective bargaining arbitration need to consider the structural differences for the guidance it can provide in choosing the best employment arbitrator for their case. By considering these differences, both types of counsel can increase the probability of an efficient, expeditious, and fair process
Featured Blogs Program
Mediate.com has established a Featured Blogs Program at www.mediate.com/Blogs
Our goal is to assist visitors to locate and enjoy the best of negotiation, mediation and dispute resolution blogs have to offer
**44th AFCC Annual Conference in Washington, D.C. May 30-June 2 **
AFCC’s 44th Annual Conference is May 30-June 2 in Washington D.C. and will include over 70 conference sessions. The theme of the conference is Children of Separation and Divorce: The Politics of Policy, Practice and Parenting. The conference will take place at the Capital Hilton in the heart of Washington D.C. and will bring together more than 700 family court, dispute resolution and mental health professionals. The conference program, scholarship application, online hotel and conference registration can be found at www.afccnet.org or contact [EMAIL=“[email protected]”][email protected] or (608) 664-3750.
Straus Institute’s Professional Skills Program in Malibu June 21-23, 2007 Pepperdine School of Law, Straus Institute for Dispute Resolution, Professional Skills Program, Malibu, California, June 21-23, 2007. Contact Lori Rushford at (310) 506-6342 or www.law.pepperdine.edu/straus/conferences