Tag: adr
-
What really motivates humans?
What really motivates humans? Before we get can resolve conflicts, we need to understand what is really going on. My colleague, James Cawood teaches and consults in major hostage situations. He teaches that there are only two basic human motivations: • Seek Stimulation • Establish (or Re-establish) Perception of Control It is somewhat hard…
-
Discovery Sanctions within FINRA Arbitration
Discovery Sanctions within FINRA Arbitration Failure to comply with the discovery rules hinders the efficient and cost-effective resolution of disputes and undermines the integrity and fairness of FINRA’s forum. Parties sometimes attempt to use the discovery process to harass and burden their opponent. Arbitrators will take this into consideration when considering discovery issues. Arbitrators have…
-
Task #19: What evidence can you bring to the mediation that will be credible to them and will help them see your point of view?
Task #19: Credible evidence? What evidence can you bring to the mediation that will be credible to them and will help them see your point of view? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in…
-
Who should attend the mediation?
Who Should Attend the Mediation? All parties involved in the interactions that gave rise to the dispute should be involved in the mediation. This helps me, as mediator; crystallize with the parties exactly what happened. A party may also be more candid with me when they know they may be faced with others who know…
-
What is Conflict?
What is Conflict? Conflict occurs when people disagree and seem unable to find a solution or a reasonable compromise. The roots of these disagreements can arise from many sources including differences in personality, values, and perceptions. As a team leader, you will occasionally need to handle the differences that arise between members of your team.…
-
Electronic Discovery within FINRA Arbitration
Electronic Discovery within FINRA Arbitration Although documents may be stored electronically, electronic files are still considered “documents” within the meaning of the FINRA Discovery Guide, and the arbitrators will decide any dispute that arises concerning the form in which a document will be produced. Despite the changes in the scope of discovery and the challenges…
-
Task #18: Do you believe that they might owe you something specifically to restore or compensate for the betrayal, bad faith, or loss of confidence?
Task #18: Do you believe that they might owe you something specifically? Do you believe that they might owe you something specifically to restore or compensate for the betrayal, bad faith, or loss of confidence? The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs…
-
Why did the mediator stop the mediation without resolving the dispute?
Why did the mediator stop the mediation without resolving the dispute? As valuable as it is for me, as mediator, to know how to move a dispute to resolution, it is equally important, if not more so, for me to recognize when a dispute isn’t prepared for resolution and how to move it in the…
-
A working definition of a Conflict.
A working definition of a Conflict. What is a working definition of a Conflict. Conflicts can occur when people disagree with each other and are unable to find a reasonable compromise. The roots of these disagreements can arise from many sources including differences in personality, values and perceptions. They also can and often do arise…
-
Confidentiality and Discovery within FINRA Arbitration
Confidentiality and Discovery within FINRA Arbitration Within a FINRA Arbitration, If a party objects to document production on grounds of privacy or confidentiality, arbitrators or one of the parties may suggest a stipulation between the parties that the documents in question will not be disclosed or used in any manner outside of the arbitration of…