Tag Archives: conflict management

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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Human Rights|International|systems design

ADR and Human Rights: The Saga Continues

Human Rights|International|systems design

ADR and Human Rights: The Saga Continues

Readers of this blog will remember my interest in the work of Prof. John Ruggie, the Special Representative of the U.N. Secretary General on the issue of human rights and transnational corporations.  His work continues, richer and even more provocative....

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Conflict Resolution|systems design

Contract Drafting for Dispute Management

Conflict Resolution|systems design

Contract Drafting for Dispute Management

There are a lot of great resources out there to assist transactional lawyers in planning dispute protocols and protecting the value of the deal. Why are there still so many clumsy (even pathological) contract clauses? Perhaps this article can be of some help....

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