Tag: conflict resolution

  • Arbitration, then Mediation, a way to blend them both.

     Arbitration, then Mediation, a way to blend them both. Many view mediation as a one-way street.  You conduct a mediation to settle a law suite.   Nothing could be further from the truth.  There are many ways to blend mediation with the legal system or blending it with other alternative dispute resolution processes to reduce or…

  • Task #16: At what point did you first have any realization of betrayal, bad faith, or loss of confidence?

    Task #16: At what point did you first have any realization of 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 to prepare their own strategy for negotiation in the settlement.  Based on my experience as a…

  • Challenging the Arbitrator: Challenge for Cause

    Challenging the Arbitrator: Challenge for Cause In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by…

  • Evaluate the trust and goodwill that supported your original agreements.

    Task #15: How did you evaluate the trust and goodwill that supported your original agreements? 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 the settlement.  Based on my experience as a mediator, these are a…

  • With the right tools we can handle more conflict.

    Mediation is conflict at its best.   All of the tools, I, as a mediator brings to the mediation help manage the conflict to a great resolution. Management expert Margaret Heffernan postulated five counterintuitive guidelines learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. Her insight has great implications for successful mediations. …

  • Challenging the Arbitrator: Motions to Recuse

    Challenging the Arbitrator: Motions to Recuse In a FINRA Arbitration, parties are permitted to challenge the appointment of an arbitrator to their case. Parties may challenge the arbitrator directly by filing a Motion to Recuse. Alternatively, a party’s challenge may be made directly to FINRA in the form of a Challenge for Cause or by…

  • In Conflict, it is never a bad idea to have a cooling off period

    Margaret Heffernan final counterintuitive idea to encourage healthy conflict would be after a decision is made, declare a cooling off period.    Her suggestion is to ask everyone to go home and think about the decision on their own as well as discuss it with their associates.  Then come back after a prescribed amount of time…

  • The Role of the Arbitrator: Duty to Disclose

    Role of the Arbitrator: duty to disclose Arbitrators must be impartial in both appearance and in fact. Therefore, they have a duty to disclose. Arbitrators submit detailed biographical information at the time they join FINRA’s arbitrator roster. The information collected from the application is compiled to create an Arbitrator Disclosure Report (Disclosure Report). During the…

  • Why I joined the ADR section – article

    Here is the article that was just published in the Contra Costa Lawyer, Volume 26, Number 1- January 2013.  I am starting an exciting years as Chair of the ADR Section of the Contra Costa Bar Association. Meet Your Section Leaders – Alternative Dispute Resolution How has section membership benefited your practice? I joined the…

  • Imagine you cannot do what you all want to do.

    Imagine Imagine you cannot do what you all want to do.  Management expert Margaret Heffernan postulated this counterintuitive idea learned in her years running businesses and organizations in her TEDGlobal 2012 presentation. In other words, think about what you would do if you could fire someone, if you could change the timetable, or if you…