My periodic attendance at the UIA’s World Mediation Forum, as well as the opportunity to attend the Chamonix Conference last April and the contacts and friendships I made while serving the CPR Institute for ten years, have all prompted the creation of a “Directory” of ADR organizations around the world.
This Directory is now posted at the host web site, www.BusinessConflictManagement.com, under the title “ADR Resources.” Read more »
I’m a 60-year old white guy, two years into the terrifying challenge of building a solo practice as a mediator/arbitrator. And the gist of this post is that more women and people of color need to be hired as neutrals.
I worked hard for this goal when I was Senior Vice President of CPR Institute, and served as Staff Liaison to the CPR Task Force on Diversity in ADR. And now, that prima blogger assoluto al mondo, Victoria Pynchon, has started a series of posts with her characteristic flair and logical power, pressing the issue. You Go, Girl! Read more »
NOTE: The following text will appear as a chapter in a mediator skills volume to be published soon by the International Bar Association, edited by mediator Patricia Barclay of Bonaccord Ecosse Limited, in Edinburgh, Scotland.
Reality testing is the technique of inviting a party to adjust his perceptions of the claim. A party may overestimate the likelihood of success on the merits, or the other side’s ability or willingness to pay. He may have an unrealistic assessment of his alternatives to settlement. The transaction costs of continuing the dispute in court may not have been accurately addressed. He may not have confronted business, competitive, or psychological obstacles to a successfully negotiated conclusion of the dispute. The purpose of reality testing is to help to eliminate those obstacles. Read more »
It’s my turn to teach First Day School (what Quakers call Sunday School) for the past few weeks. And as usual I’m having more fun than the kids are. The King James Version of the Bible has been a favorite ever since I took Prof. Bond’s course on “The Bible as Literature” at Dartmouth (before the Punic Wars, it sometimes seems) and it is a delight to revisit that wonderful collection of superb writing.
Looking through the story of Moses has stirred some concerns, though, about what we Americans think justice is, and what we use the law to accomplish. In particular, I wonder whether we have lost our fundamental cultural moorings a bit when it comes to our response to being injured. Read more »
Business Conflict Blog
Conflict Management Expertise from F. Peter Phillips.
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