Category Archives: Workplace Disputes

Green Book’s insights into a deeper diversity

Abraham Lincoln had a simple approach to achieving diversity: “I don’t like that man. I must get to know him better.” Recently, my wife and I saw the movie Green Book, which has since won an Oscar for best movie of the year. The movie presents the true story of an episode in the life of Dr. Don Shirley, a …

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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

Dispute Resolution for Business and Transactional Lawyers Focus of BLN June Program

Urging business and transactional lawyers to take some dispute resolution (DR) training and add some DR expertise to their toolbox of legal skills, Michael Zeytoonian and Jeffrey Fink presented a talk on DR to the Business Lawyers Network (BLN) at its monthly meeting on June 14.  The meeting was hosted by Howard Zaharoff and Scott Connolly of Morse Barnes-Brown Pendleton …

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Posted in Collaborative Law, Collaborative Mediation, Conflict partnering process, Creative Solutions, Dispute Resolution Process, Employment Disputes, Employment Law, News-Articles, Preserving Relationships, resolution, Settlement Counsel, Workplace Disputes | Comments Off

MBA Symposium at UMASS Boston Looks at the Future of Dispute Resolution

The trend – now and in the future – in how people, lawyers, mediators and arbitrators are approaching dispute resolution was the focus of a panel at UMASS Boston on May 19, 2017.  The panel was part of an all-day Dispute Resolution Symposium presented by the Massachusetts Bar Association (MBA) Dispute Resolution Section and sponsored and hosted by the UMASS …

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Posted in Collaborative Law, Collaborative Mediation, Conflict partnering process, Creative Solutions, Dispute Resolution Process, Employment Disputes, Employment Law, Family Business Contracts, Mass Bar Association, News-Articles, Preserving Relationships, resolution, Settlement Counsel, Workplace Disputes | Comments Off

Should Discretionary Clauses be built into Workplace Laws?

Sometimes, when you cast out a big net, you catch a lot of fish that you weren’t intending to catch. When fishing, a fisherman has the option of sifting through his catch to check what is there, keep what he wants and throw the rest back in the water. With a minor interruption of their activities, the unwanted fish can …

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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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Three Misconceptions about Using Collaborative Law in employment disputes

Over 2013, we heard a few reasons from employers and companies for why they would forego using Collaborative Law – a much more efficient dispute resolution process than litigation – and opt for litigation or arbitration instead. For any employe… Continue reading

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What does “Getting My Day in Court” mean, really?

What typically happens to a person who is in a dispute and wants to “get his/her day in court”? Much of my practice is either representing employers or employees in employment disputes or mediating employment disputes. The first call from an upset … Continue reading

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