Category Archives: conflict

Massachusetts Bar Association’s Conflict Resolution Week & Day Celebration October 16-20

An annual national tradition in the legal community is the celebration of “Conflict Resolution Week” (CRW) and “Conflict Resolution Day” (CRD) on the third week and the third Thursday of October respectively.  This tradition reportedly started here in New England by the New England Association for Conflict Resolution (NE-ACR).  It is a week and a day to shine a spotlight …

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Posted in Collaborative Law, Collaborative Mediation, conflict, Creative Solutions, Dispute Resolution Advocacy, Dispute Resolution Resources, Efficient dispute resolution, Massachusetts Bar Association (MBA), Mediation, Preserving Relationships, Respect and civility, Settlement Counsel | Comments Off

What is your goal? Winning or fixing?

What do you want? It’s a pretty simple question, really.  It reminds me of what Noah (Ryan Gosling) repeatedly asked Allie (Rachel McAdams), his love interest in The Notebook.  She kept hemming and hawing as to how difficult her situation was, having to choose between two good men, and that there was no easy answer.  But he stayed laser focused …

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Posted in conflict, Creative Solutions, Dispute Resolution Advocacy, Dispute Resolution Process, Dispute Resolution Resources, Efficient dispute resolution, Employment Disputes, Respect and civility, teamwork, Workplace Disputes | Comments Off

If You Want Your “Day in Court”, Don’t Go to Court

“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.   Here are some other common emotional responses when someone finds themselves in a dispute: “I want justice to be done.”  “The other side has to pay for what he/she/it did to …

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Posted in Collaborative Law, Collaborative Mediation, conflict, Dispute Resolution Process, Dispute Resolution Resources, Efficient dispute resolution, Employment Disputes, Employment Law, Perspectives, Preserving Relationships, resolution, Respect and civility, Settlement Counsel, Workplace Disputes | Comments Off

The Case for Early Mediation; Part II of II

In our last blog post, the first in this two-part post about the case for early mediation, we discussed traditional, post-discovery mediation and its role as essentially an alternative to trial.  In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to …

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Posted in Audio, Case Evaluation, Collaborative Law, Collaborative Mediation, Collaborative Processes, conflict, Conflict partnering process, Creative Solutions, Cutting litigation costs, Dispute Resolution Advocacy, Dispute Resolution Process, Dispute Resolution Resources, Efficient dispute resolution, Mediation, Preserving Relationships, Primary Dispute Resolution (PDR), resolution, Respect and civility, Saving money in tough times | Comments Off

The Case for Early Mediation; Part I of II

Before We Talk About Mediation and the Value of Early Mediation, Let’s Start with Two Key Questions to Ask Yourself About Your Dispute: How quickly do you want to get your dispute resolved? Is most of the relevant information needed to resolve your dispute the kind that is (a) freely available or ascertainable and (b) are the parties willing and …

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Posted in Audio, Case Evaluation, Collaborative Law, Collaborative Mediation, Collaborative Processes, conflict, Conflict partnering process, Creative Solutions, Cutting litigation costs, Dispute Resolution Advocacy, Dispute Resolution Process, Dispute Resolution Resources, Efficient dispute resolution, Mediation, Preserving Relationships, Primary Dispute Resolution (PDR), resolution, Respect and civility, Saving money in tough times | Comments Off

Replacing the Affordable Care Act; How to NOT Resolve Disputes

President Trump and his team gave us a quick course on how not to resolve a dispute in their efforts to replace the Affordable Care Act (ACA, a.k.a. Obamacare).  Their effort and its shortcomings help to show the importance of four key ingredients to approaching dispute resolution to get a good result. Most Americans agree that the ACA has shortcomings …

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Posted in Collaborative Law, Collaborative Mediation, Common Ground, conflict, Conflict partnering process, Consensus, Creative Solutions, Dispute Resolution Process, Dispute Resolution Resources, Perseverance, Perspectives, Primary Dispute Resolution (PDR), Respect and civility, teamwork, trust | Comments Off

Is this the best dispute resolution we can do?

A few weeks ago, there was a picture in Time magazine’s “LightBox” section (2/16/2015 issue), depicting the city of Kobani, Syria, days after Kurdish forces had recaptured the city from ISIS. In the picture were the remains of dozens of bombed out buildings in ruin, as far as the lens could reach. There were only two people in the picture, …

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Is this the best dispute resolution we can do?

A few weeks ago, there was a picture in Time magazine’s “LightBox” section (2/16/2015 issue), depicting the city of Kobani, Syria, days after Kurdish forces had recaptured the city from ISIS. In the picture were the remains of dozens of bombed ou… Continue reading

Posted in conflict, history, Perspectives, resolution | Comments Off