Don’t make me swear to it, but I believe it was Karl Slaikeu who first presented to me the four stages — or, better, “declensions” — of ending a conflict. If it was somebody else, my apology.
Which, by the way, is the first stage. Read more »
Of the many skilled mediators I have been privileged to know, few are more insightful and articulate than Robert Creo. Bob recently shared a terrific perspective over a tasty lunch: That three discussions, or dances, inform a negotiated settlement discussion, and only one of them is acknowledged by the parties. The mediator who acknowledges all three is in a better position to manage expectations and to find a viable solution. Read more »
A law school professor once opened a class with the observation, “This morning we will be considering a case from the Ninth Circuit. Nevertheless….”
The U.S. Supreme Court has granted cert in AT&T Mobility v. Concepcion, which has claimed the attention of many ADR wonks for its ramifications on class action waivers in arbitration clauses. I read a more alarming teaching in the Ninth Circuit’s holding: namely, that the purpose of a civil court is not to make deserving claimants whole, but to punish defendants that owe them the money beyond the amount of the money they owe them.
That is to say, offering to pay a claimant a hundred cents on the dollar is not justice enough.
