ADR Conflict Resolution Articles

ADR Resolution Articles

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 Articles have been added to ourconflict resolution blog.

1) Does duality really “do it”? Trigger conflict, I mean… “The microcosm of the macrocosm here, I think, is that on some very basic levels, men and women see, feel, hear and experience some things very differently. Unless one is armed with this information and has taken some time to internalize it, it’s easy to see why women don’t think men are sensitive enough, and why men think women are too “emotional”. Read more

2) Was old man Hobson smarter than your average bear? “What is this ubiquitous Hobson’s choice? The term has its genesis in Cambridge, England in 1544 ­1631, with one Thomas Hobson. To make his living he maintained a livery stable and required that every customer take either the horse nearest the stable door ­ or none at all”. Read more

3) Should you ever read those crafty arbitration provisions in your credit card agreement? “The Court’s ruling is yet another sobering reminder to lawyers who draft and interpret arbitration provisions. The defenses that exist for contracts shall likewise be applied by courts to arbitration agreements, where applicable, because arbitration is inherently contractual by nature”. Read more

4) Do you want to make sure you avoid trial and go to arbitration? “The facts and the law in this case underscore the importance of several logical deductions: First, real estate developers (and their lawyers) should make every effort to ensure that each and every arbitration provision in the operative sales contracts are initialed by all parties. In the instant case one of the issues was related to the question of a party’s “intention to arbitrate” — the corresponding litigation might have been avoided”. Read more

5) Do’s and don’ts for handling conflict in your workplace… “Once your employees are “on to you”, they probably won’t confront you with your lack of integrity, but they will learn they cannot trust you or the company’s culture. And when that happens, a virus takes shape and takes hold. The results can be devastating to your company and to your reputation”. Read more

6) Hey! What’s YOUR conflict quotient? “Really, look at the possibilities: mix one part lawyer’s high conflict quotient, add one part client’s equally high one. Add one part opposing counsel’s high conflict quotient and one part her client’s equally high one. And oh, what a beautiful brawl! [With apologies to Walt Disney’s movie Robin Hood]”. Read more

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