Category Archives: Dispute Resolution Resources

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

Resolving a Dispute is like Traveling…

Resolving a Dispute is Like Traveling, Writing a Business Plan, or Choosing a Course of Medical Treatment: If you take the wrong road, you won’t get the result you want. My friend Liz Ferris, a marketing consultant who works with lawyers around the world, has often given us this simple but often overlooked advice: “If you want to achieve your …

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Posted in Arbitration, Case Evaluation, Choose Best Course, Collaborative Law, Collaborative Mediation, Collaborative Processes, Course of Action, Dispute Resolution Process, Dispute Resolution Resources, Efficient dispute resolution, litigation, Mediation, Primary Dispute Resolution (PDR), resolution, Resolve Conflict, Steps to Resolution | 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

Navajo Dispute Resolution, Trump’s Tweets and the Lessons of Little Big Horn

I recently read a Daily Good story about Navajo Indian peacemaking, a seven-step process focused on restoring relationships, a notion the Navajo refer to as “K’e”.  This approach has four foundational values, the four Rs: Respect, Relationships, Responsibility, and Reverence.  Some of the tenets of this approach to resolving disputes include the shared goal of reaching the best possible outcome …

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Posted in America First, American Indian, Custer & Union Army, Dispute Resolution Counsel, Dispute Resolution Resources, Little Big Horn, Michael Zeytoonian, Native Americans, Navajo, Perspectives, Settlement Counsel or Mediator, Trump's Tweets | Comments Off

For the times, they are a’changin’

“Come gather ‘round people wherever you roam And admit that the waters around you have grown And accept it that soon you’ll be drenched to the bone If your time to you is worth saving Then you better start swimmin’ or you’ll sink like a stone For the times, they are a-changin’. -Bob Dylan “Nor do men pour new wine …

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First, assess your options for resolving disputes

I’ve heard people who are in a business or employment dispute often complain, “I’m stuck in this dispute, and now we’ll have to litigate. I have no options.” If you take nothing else from this blog post, know this: They are usually wrong; there are options. Most people in disputes don’t know they have options and if they do still …

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Posted in Business, Dispute Resolution Resources, Employment Law | Comments Off

Ten things to think about before you decide to file a lawsuit (or start to defend against one).

Ten things to think about before you decide to file a lawsuit (or start to defend against one) So you find yourself as an individual or your small, successful family or closely held business faced with a potential lawsuit about a dispute in the workplace between employee or employer, or between business partners or between adult family members trying to …

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Why Our Practice Areas Include Special Education Cases

There is a personal reason and a law practice philosophy reason why we represent clients – parents and families of special education children – in disputes involving special education matters and include this area of practice in our services. The personal reason is that I’ve gotten to know some of these people and the challenges they face when they are …

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Posted in Collaborative Law, Dispute Resolution Resources | Comments Off

Ferguson: Are we asking the wrong questions?

Long before a Missouri grand jury deliberated on whether to indict a policeman when a young man was shot and killed, there was already a problem in Ferguson, by all accounts. Michael Brown’s tragic death, whether justified or not, didn’t cause the problem; it just triggered the symptom. For those who practice law and understand the grand jury process, the …

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What is a “tiered dispute resolution clause” and what options does it offer?

Part II in a series about tiered dispute resolution clauses Our most recent blog post discussed “tiered dispute resolution clauses” in contracts. This is the first step in providing clients with alternatives to court and litigation. It gives parties value in three ways: (1) It gives them the opportunity to work together on how they will resolve a dispute; (2) …

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Posted in Business, Collaborative Processes, Dispute Resolution Resources, Workplace Disputes | Comments Off