Business Conflict Blog

Prof. Joseph Allegretti wrote an interesting article ten years ago titled A Christian Perspective on Alternative Dispute Resolution, 28 Fordham Urb. L.J. 997 (2001).  In it he tells the tale of St. Francis of Assisi’s mediating a conflict between the residents of a town and a ravenous wolf that was terrorizing them, “devouring both animals and human beings.”

The story contains an interesting reminder of the Christian tradition of self-interested forgiveness, and also of the principle (espoused by all mediator trainers) that everybody has an underlying interest that informs their behavior — even (or especially) wolves.  

And it describes an unorthodox method of mediation in which the neutral starts off by telling each party that they’re schmucks. Read more »

Tags: Mediation

In the Bankruptcy Court for the Southern District of New York, a judge held a hearing upon Order to Show Cause why Wells Fargo, which had been required to participate in a mediation, should not be sanctioned for the conduct of its counsel in that mediation.  The mediator testified, Wells Fargo’s counsel testified, and at least one other counsel for a participating party testified — all concerning Wells Fargo’s conduct during the mediation.  The court held that there had been a failure to mediate, held Wells Fargo in contempt of the mediation order, and sanctioned them. Read more »

Tags: Courts, Mediation

Giuseppe de Palo and I first met in 1999 or 2000, when I was bowled over the first time I learned about his work with The ADR Center in Rome.  Since that time, every occasion I meet Giuseppe I am reminded what a powerhouse of talent, ambition, energy and aspiration he is.  Both his intellect and his physical energy make having a cup of coffee like saying hi to a tornado.  His recent e-mail proves no exception. Read more »

Tags: Add new tag, ADR Institutions, Mediation, Teaching

In 1999, CPR Institute published Kathleen Scanlon’s volume Mediator’s Deskbook.  It was (and still is) a terrific book, subsequently translated into Japanese and Chinese, but alas out of print after 11 years.  James Henry, CPR’s founder and president, thought of it as “the well-thumbed paperback that every mediator leafs through on the way to the mediation.”

In the decade since Mediator’s Handbook was published, the mediation library has grown to a scale Jim Henry could not have imagined.  These include not only excellent books, like Richard Shell’s Bargaining for Advantage and Ben Picker’s Mediation Practice Guide, but casebooks like Carrie Menkel-Meadow’s Mediation, practical innovations like Steve Brams’ The Win-Win Solution, compilations like Russ Bleemer’s Mediation Approaches and Insights, periodicals like the ABA Dispute Resolution Section’s Dispute Resolution Magazine, web sites like Mediate.com, and blogs like… well, modesty forbids!

Read more »

Tags: Mediation, Teaching, Training