Conflict Resolution|systems design

The Secretary and the Professor

Conflict Resolution|systems design

The Secretary and the Professor

(Scene:  White Horse Tavern, Hudson Street and 11th Avenue in the Village in New York City.  Roger Fisher is having a beer with Alexander Hamilton, who is nursing a brandy.)  Roger Fisher:  Hamilton, I’ve been thinking….  Alexander Hamilton:  That does not surprise me.  You are after all a Professor. ...

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Conflict Resolution|International|Mediation

A Good Video for Cross-Border Mediation

Conflict Resolution|International|Mediation

A Good Video for Cross-Border Mediation

Last year I had occasion to show a mediation video to a group of senior claims executives of European insurance companies who had assembled in Zurich.  They loved it, and I was reminded just how powerful this video is to introduce the process of cross-border, cross-cultural interest-based facilitated negotiation to business...

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Arbitration|Conflict Resolution|International

ABA Resolution on "Arbitration Fairness Act"

Arbitration|Conflict Resolution|International

ABA Resolution on "Arbitration Fairness Act"

Thanks to Edna Sussman!  Not only did she bring to our attention the resolution enacted by the ABA House of Delegates concerning the unintended international repercussions of the "Arbitration Fairness Act," -- she labored mightily to obtain the support needed for the resolution to pass. ...

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Mediation|systems design

ADR and Franchising: A Marriage Made at the Bank

Mediation|systems design

ADR and Franchising: A Marriage Made at the Bank

If ever there were a "poster child" for commercial dispute resolution on the basis of shared interest, it is in the ongoing relationship between franchisors and franchisees.  The franchisor makes money only if the franchisee sells, and the franchisee sells only if the franchisor supports.  What better example of the mutual benefits...

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Conflict Resolution|Ethics|Mediation

Collaborative Law Struggles Bravely

Conflict Resolution|Ethics|Mediation

Collaborative Law Struggles Bravely

I first came upon the term "Collaborative Law" in 2006 when I met David Hoffman of Boston Law Collaborative.  David is a remarkable guy and could sell ice to an Eskimo if he thought the ice would be a benefit.  As concerns collaborative law, David is tireless in his advocacy,...

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