During the American invasions of Afghanistan and Iraq, we were introduced to the concept of the “embedded journalist.” Pentagon officials claimed that they were limiting journalists’ access in order to ensure their safety and protect secret military operations. These protestations likely were sincere, but Pentagon officials also must have been aware that “embedded journalists” were … Continue reading The Rise of the “Embedded Neutral?”
Do practicing mediators actually turn to conventional articulations of mediation ethical standards for guidance? So much ink has been spilled describing mediator standards, and so many hours have been devoted to parsing their every word, that some might hope the answer is “Yes, of course!” But I doubt busy mediators ever consult them. I personally … Continue reading Mediator Ethics … and What Actually Guides Us
Last week, I wondered aloud (or whatever the blog equivalent of “aloud” may be) why I had so few experiences in which mediation parties said “thank you” to each other upon arriving at a settlement. Geoff Sharp indicated that his experience in New Zealand was different—that he routinely sees parties thanking each other early and often … Continue reading Ongoing Relationships and the Perils of Gratitude
A few weeks ago, the weekly Torah portion to be read in synagogues across the country dealt with the story of Jacob & Esau. Most of us know this story as a tale of deception—Rachel & Jacob plotting to fool Isaac into giving the eldest son’s blessing (which should have gone to Esau) instead to … Continue reading The Season of Brotherly Love
Scotus blog reported that the parties in Hall Street filed their supplemental briefing. See http://www.scotusblog.com/wp/uncategorized/new-layer-of-dispute-on-arbitration/#more-6207 for a story on this topic as well as a link to the briefs. The parties have until Monday, December 3rd to file reply briefs. While I am not certain that anyone other than Justice Roberts was behind the supplemental … Continue reading Supplemental Briefing Filed In Hall Street
Long ago and far away, I was one of the people who successfully advocated for the institutionalization of ADR in a state court system. But based on research conducted by Professor Bobbi McAdoo and others, I got pretty discouraged about what non-family civil, court-connected mediation had become—dominated by lawyers and a legal-and-litigation focus, characterized almost … Continue reading Communities of Practice and the Continuing Evolution of Mediation
You would think that negotiation professors would be among the best at picking and choosing their times to negotiate, right? We prepare, analyze our BATNA, come up with good options, set the mood, work on the relationship, order in food, and get set to have a wonderful collaborative experience. We also know when to avoid … Continue reading Black Friday and Avoiding Negotiation
At the conclusion of a mediation I did some years ago, one of the parties did something weird. Really weird. They said “thank you” to the other side. Had these parties mid-read the standard mediation script? The other party was clearly taken aback, and I remember feeling almost awkward. “Thank you”?! They were “supposed” to … Continue reading Thanks-Giving in Mediation
Most of the conflicts about which I know anything, I learned about through reporters. And today, I wonder what I should think about that. At a conference I attended yesterday, on “Interest-Based Reporting,” faculty from the University of Oregon School of Journalism and Communication and the University of Missouri’s Center for Conflict, Law, and the … Continue reading Interest-Based Reporting
Today, the Court issued an order requesting supplemental briefing from the Hall Street Parties. The order is as follows: ORDER IN PENDING CASE 06-989 HALL STREET ASSOC. V. MATTEL, INC. The parties are directed to file supplemental briefs addressing the following questions: (1) Does authority exist outside the Federal Arbitration Act (FAA) under which a … Continue reading Supreme Court Orders Additional Briefing in Hall Street
