Mediation

Mediation Confidentiality Meets Attorney Malpractice

Mediation

Mediation Confidentiality Meets Attorney Malpractice

While working for a company, a guy opens up a competing business and lures away customers.  He is sued by his employer for fraud and breach of fiduciary duty.  Prior to trial he participates in a mediation, that is unsuccessful.  At trial he loses and is found liable for $364,000 in...

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Negotiation|Teaching

Understanding Interests Means Adding Value

Negotiation|Teaching

Understanding Interests Means Adding Value

I told my wife that I wanted to do the following exercise with my 50-person ADR survey class at New York Law School: "Find a partner and face each other.  Touch your palms together about face-level and then grasp each other's hand.  The person who can get the other person's hand past their...

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Conflict Resolution|systems design

Theory Becomes Practice: A Project with Built-In Conflict Prevention

Conflict Resolution|systems design

Theory Becomes Practice: A Project with Built-In Conflict Prevention

From the invaluable BASESwiki comes news of just the development I and others have pounded the table about:  A long-term project that features a formal and permanent "canary-in-the-mine" that identifies and addresses problems early on, and successfully prevents conflicts....

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