tag:blogger.com,1999:blog-65185870790894606832024-02-07T15:54:54.521-06:00Re:solutionsNews and thoughts about the world of conflict resolutionRe:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.comBlogger113125tag:blogger.com,1999:blog-6518587079089460683.post-1603705736647777382010-12-06T19:17:00.003-06:002010-12-06T19:29:45.960-06:00DC: foreclosure mediationWashington, D.C. recently passed legislation requiring mediation prior to a home foreclosure, according to Benny Kass at the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2010/12/03/AR2010120302323.html">Washington Post</a>.<br /><br />According to the article, 23 states have enacted some form of mediation for foreclosure cases. The legislation requires lenders to send notice of default to the homeowner and a notice to participate in mediation. The mediation notice must contain the lender's contact information and contact information for a local housing counseling service. The legislation also requires the lender to provide a description of its loss-mitigation programs along with a loss-mitigation application.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-88914414104349381742010-12-06T16:14:00.004-06:002010-12-06T16:23:25.517-06:00Workplace confrontation<span class="Apple-style-span" style="font-size: small;">Here's a very interesting <a href="http://blogs.forbes.com/jennagoudreau/2010/12/01/how-to-combat-confrontation-at-work/?boxes=Homepagechannels">article </a>from <a href="http://blogs.forbes.com/people/jgoudreau/">Jenna Goudreau</a> at the Forbes blog. It's about handling conflict in the workplace. Here are some quotes:</span><div><span class="Apple-style-span" style="font-size: small;"><br /></span></div><div><blockquote></blockquote><span class="Apple-style-span" style="line-height: 24px; "><blockquote><span class="Apple-style-span" ><span class="Apple-style-span" style="font-size: small;">In a workplace, you are standing in a field of conflict.</span></span></blockquote></span></div><div><span class="Apple-style-span" style="line-height: 24px; "><blockquote><span class="Apple-style-span" ><span class="Apple-style-span" style="font-size: small;">How you handle confrontation in the office may be as important as networking and technical skills.</span></span></blockquote><span class="Apple-style-span" style="font-size: small; "><span class="Apple-style-span" >And checkout the <a href="http://www.forbes.com/2010/12/01/work-conflict-confrontation-forbes-woman-leadership-boss_slide.html" style="font-family: verdana; ">slides </a>that accompany the article--they are very good.</span></span></span></div>Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-19027037615439295082010-12-03T15:07:00.005-06:002010-12-03T16:56:38.955-06:00Texas Association of Mediators Annual Conference<span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;">I am a board member for the <a href="http://www.txmediator.org/index.php">Texas Association of Mediators</a> (TAM) and its conference is right around the corner. Starting on February 25, 2011, TAM will hold its annual conference at the <a href="http://www.ichotelsgroup.com/h/d/cp/1/en/hotel/satps">Crown Plaza <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Riverwalk</span></a> in San Antonio, Texas.</span></span><div><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;"><br /></span></span></div><div><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;">For more information about the conference, please click <a href="http://www.txmediator.org/conference/">here</a>.</span></span></div><div><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;"><br /></span></span></div><div><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;">The conference keynote speakers are top-notch. They are:</span></span></div><div><ul><li><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;"><a href="http://www.law.harvard.edu/faculty/directory/index.html?id=554">Erica Ariel Fox</a>, a lecturer at Harvard Law School, the Founder of the <a href="http://www.negotiationinsight.com/">Global Negotiation Insight Institute</a>, and a Partner of <a href="http://www.mobiusleadership.com/"><span class="blsp-spelling-error" id="SPELLING_ERROR_1">Mobius</span> Executive Leadership</a>;</span></span></li><li><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;"><a href="http://www.leejayberman.com/">Lee Jay <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Berman</span></a>, one of the country's top mediators, founder of the </span></span><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;"><a href="http://www.americaninstituteofmediation.com/">American Institute of Mediation</a> and formerly Director of <span class="blsp-spelling-error" id="SPELLING_ERROR_3">Pepperdine</span> Law School's <a href="http://law.pepperdine.edu/straus/training-and-conferences/mediating-litigated-case/malibu.htm">'Mediating the Litigated Case</a>'; and</span></span></li><li><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;"><a href="http://www.crichardbarnes.com/aboutus.html">Richard Barnes</a>, President of <a href="http://www.crichardbarnes.com/">C. Richard Barnes and Associates, <span class="blsp-spelling-error" id="SPELLING_ERROR_4">LLC</span></a> and former </span></span><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;"><span class="blsp-spelling-corrected" id="SPELLING_ERROR_5">director</span> of the <a href="http://www.fmcs.gov/internet/">Federal Mediation and Conciliation Service</a></span></span></li></ul><div><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: small;">I'm looking forward to seeing you in San Antonio in February!</span></span></div></div>Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-78942794201876133692010-12-03T15:03:00.004-06:002010-12-03T15:24:08.668-06:00I'm backIt has been a year since I've posted. As many of you know, I made a run for judge of a civil district court here in Dallas County, and unfortunately lost in the general election by roughly 2,800 votes of 407,000 cast. I did not feel that it was proper for me to continue blogging during the election year, so I ceased that activity.<div><br /></div><div>I'm ready to start back up.</div><div><br /></div><div>A lot has been happening in the world of mediation and conflict resolution, and even though I have not blogged about it, I have kept up. I am anxious to share news and updates with you and I hope you will continue to enjoy the posts.</div><div><br /></div><div><br /></div>Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-34116163484675139252009-12-21T11:06:00.002-06:002009-12-21T11:09:34.952-06:00Probate MediationI ran across an excellent <a href="http://www.mediate.com/articles/larsenr.cfm">essay</a> today by <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Rikk</span> Larsen about mediating the estate case. <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Rikk</span> suggests that mediation is underused in the estate planning and settlement field. He makes three suggestions to increase the use of mediation in this area:<br /><br /><blockquote><p> 1) Convince entrenched professionals, the lawyers, financial planners and CPA’s, that mediation is not a threat but a positive team option that can help make their job easier and not diminish their billable hours.<br /></p><p>2) Continue to work with probate courts to include mediation as a formal court approved option that judges understand and embrace. Presently only a few courts have formal programs like the one New Hampshire is introducing this year on a statewide basis. </p><p> 3) Continue general marketing to the public by word of mouth, print articles, other media pieces and professional association support. </p></blockquote>What do you think? Are courts, attorneys, and financial planners using mediation in estate settlement procedures?Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-28337250848934865822009-12-21T10:47:00.004-06:002009-12-21T11:00:12.981-06:00Credit Cards and Consumer ArbitrationCapital One <a href="http://www.google.com/hostednews/ap/article/ALeqM5iN-F_ii-Y7ndZ00E_Lm2fknZISKQD9CLC3Q00">announced</a> that is will no longer require consumer disputes to be resolved through binding arbitration. According to the Associated Press, Capital One will amend its credit card contracts starting next month.<br /><br />Bank of America announced last week that it was removing the arbitration provisions from its consumer contracts. <span class="blsp-spelling-error" id="SPELLING_ERROR_0">MSNBC</span> reports <a href="http://www.msnbc.msn.com/id/34436496/ns/business-us_business/">here</a>.<br /><br />These amendments are subject to court approval.<br /><br />We've blogged on this issue <a href="http://regardingsolutions.blogspot.com/2009/07/future-of-consumer-arbitration.html">before</a> with <span class="blsp-spelling-error" id="SPELLING_ERROR_0"><span class="blsp-spelling-error" id="SPELLING_ERROR_1">JPMorgan</span></span> Chase & Co. as well as the National Arbitration Forum altering its practices in light of litigation. In this case, Capital One says that a class action suit naming it as a defendant did not drive the decision to eliminate the mandatory arbitration provision for its consumer contracts.<br /><br />The AP reports that the class action suit, filed by Berger & Montague, alleges that major banks conspired to require card members to go to arbitration to resolve disputes.<br /><br />But is this a good move? I'm not taking a position on this, but with current advancements in arbitration (including the company paying for arbitration, and not the consumer), does the argument that arbitration is more expensive (for the consumer) still hold water? Is there empirical evidence that arbitrators rule in favor of the creditors more often than the debtors? I would be interested to know what the empirical evidence suggests.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-10131894649592851932009-12-21T10:40:00.002-06:002009-12-21T10:46:28.869-06:00GM won't challenge arbitrationThe Detroit News is <a href="http://www.detnews.com/article/20091211/AUTO01/912110428/1025/GM-won-t-fight-dealer-arbitration-bill">reporting</a> that General Motors will not fight legislation that requires binding arbitration. The House Bill requires binding arbitration and an appeals process for those dealerships that were shut down this summer.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-77156699288296497392009-12-17T13:24:00.002-06:002009-12-17T13:33:40.143-06:00More on the Nevada Foreclosure PrjectThe Mercury News is <a href="http://www.mercurynews.com/news/ci_13976069?nclick_check=1">reporting </a>that the Nevada Supreme Court swore in 75 new mediators as part of its <a href="http://www.nevadajudiciary.us/index.php/foreclosuremediation">Foreclosure Mediation Program</a>. <br /><br />The Nevada Supreme Court's <a href="http://www.nevadajudiciary.us/index.php/foreclosuremediation">website </a>shows that more than 3,400 homeowners have requested mediation. 372 <span class="blsp-spelling-error" id="SPELLING_ERROR_0">mediations</span> have been conducted. 1,401 cases have been assigned to mediators. <br /><br />We've blogged about the Nevada program before. One of the important questions, to me, is how is a successful mediation and program outcome defined?<br /><br />If a mediation results in a modified loan, but the homeowner defaults a few months down the road, is that a success? I'll be interested to know the general parameters of the settlements that are reached, what percentage of homeowners and mortgage companies participate, and the satisfaction levels of the mortgage companies and the homeowners immediately after the mediation and 6 months after the mediation.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-29282559893360337842009-12-17T09:58:00.003-06:002009-12-17T10:06:15.061-06:00Holiday Conflict ResolutionAh, the holidays. Times where families get together after not seeing each other for months, perhaps. Food. Football. Conflict.<br /><br />Yep, lots of conflict happens during this most wonderful time of year. Here's a great story from <a href="http://www.phillyburbs.com/news/news_details/article/92/2009/december/15/holiday-conflict-resolution.html">phillyburbs.com</a> about "Holiday conflict resolution." It's worth a read. The story is based upon a post from <a href="http://www.phillyhealthinfo.org/index.php/general/nine_tips_to_creative_conflict_resolution/">PhillyHealthInfor.org</a>.<br /><br />The articles list nine ways to resolve family conflicts. They are:<br /><br /><blockquote>1. Respect everyone's ideas and needs.<br />2. Focus on the problem not the person.<br />3. Build power with, not over others.<br />4. Express feelings without blaming others (use “I” messages).<br />5. Own your part of the conflict.<br />6. Strategize to reach mutually agreeable solutions.<br />7. Create options ... having only one way always creates losers.<br />8. Listen so people will talk and talk so people will listen.<br />9. Solve the problem and build the relationship. </blockquote><br />What do you think about this list? How would you use these principles in resolving conflict during this season?Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-90078744417296260782009-11-11T10:20:00.003-06:002009-12-17T09:58:24.505-06:00Lights! Cameras! Mediation?From the "never thought I'd see this" category.<br /><br />There's going to be a television show about mediators.<br /><br />The Hollywood Reporter is <a href="http://www.hollywoodreporter.com/hr/content_display/news/e3ib38cebd2d45985dd483c23389fab3440">reporting </a>that the <a href="http://www.usanetwork.com/">USA Network</a> has agreed to a pilot called "Facing Kate." It's the story of a divorced attorney who leaves her job to be a mediator.<br /><br />If this gets off the ground, we all need to spruce up our offices and be prepared for the expectation of glamor.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-25724492608579258972009-11-10T10:10:00.004-06:002009-11-10T10:20:31.322-06:00What do attorneys want?As part of my role as Communications person for the ADR section of the <a href="www.dallasbar.org">Dallas Bar Association</a>, I have the privilege of attending monthly section meetings. Yesterday's meeting was fabulous.<br /><br />Three very prominent attorneys and one former judge were on a panel discussing everything from the value of a joint session, ethical considerations, and mediation tips. I came away with a page full of notes. <br /><br />Most importantly, to me, was the unanimous viewpoint by all three experienced attorneys that they want a mediator who will evaluate the case and be advocates for settlement. "Evaluate the case and the party's position", "hold people accountable", "help clients understand risks" were phrases that were used.<br /><br />I know some mediators who agree with this position. I know others who believe the evaluative model is flawed because it takes the mediator out of a truly neutral position. What do you think? Should we do what our "customers" want and desire?Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-1068015826161452892009-10-15T10:57:00.002-05:002009-10-15T11:01:00.040-05:00Happy Conflict Resolution Day<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://www.acrnet.org/images/crday.408x528.jpg"><img style="margin: 0pt 0pt 10px 10px; float: right; cursor: pointer; width: 408px; height: 528px;" src="http://www.acrnet.org/images/crday.408x528.jpg" alt="" border="0" /></a><br />To all: Happy Conflict Resolution Day!<br /><br />Please take a moment to reflect upon, and promote, the use of resolving conflicts in the legal system, businesses, schools, families, and communities.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-51463610147962293792009-09-24T12:41:00.003-05:002009-09-24T12:53:41.094-05:00Words from George MitchellGeorge Mitchell is the current <a href="http://www.cnn.com/2009/POLITICS/01/22/obama.mitchell/index.html">Special Envoy</a> for Middle East Peace. Very recently, he briefed reporters about the trilateral meeting President Obama had with Prime Minister <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Netanyahu</span> of Israel and President Abbas of the Palestinian Authority. The transcript of Mr. Mitchell's briefing can be found <a href="http://www.state.gov/p/nea/rls/rm/2009/129506.htm">here</a>. <br /><br />Mr. Mitchell made some interesting comments about conflict resolution--regardless of one's view of the situation between Israel and the Palestinian Authority--and I'd like your comments.<br /><br /><blockquote>The tone was positive and determined. The President made clear his commitment to moving forward, and the leaders shared that commitment. </blockquote>Q: What is the importance of having initial commitments to the success of resolving conflict? How do you achieve these initial commitments?<br /><br /><blockquote>The President told them that we cannot restart talks from scratch. That said, neither side should hold out for the perfect formula. Painful compromise by all will be necessary. This was a message that the President conveyed to each of the leaders in private as well.</blockquote><br />Q: What are the advantages of reminding parties where they have been? And the advantages or disadvantages of taking a firm position, such as talks cannot be restarted from scratch? How do you deliver the message that "painful compromise" may be necessary to resolve a dispute?<br /><br /><blockquote>So yes, we haven’t gotten everything we wanted, we haven’t gotten it as fast as we want it. But in conflict resolution, if one adopts the standard that one must always get 100 percent of what one seeks at every stage of the process, otherwise you’re failure, well, then of course, there would never ever be a resolution of any conflict. Painful compromises are necessary for everybody. So we are determined to proceed. We will not be deterred by – I don’t want to say accusations, but criticisms, by descriptions of failure. We believe that we are doing the right thing. We believe we have made substantial progress and we intend to continue with full determination until there is comprehensive peace in the region. </blockquote><br />Q: Often during negotiations, one of the parties will say "we're not making any progress, we're out of here." How do you keep parties at the table during times when seemingly no progress is being made? How do you educate parties to a negotiation that resolving conflict is process, often times not a quick one?Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-4692739126032615802009-09-24T12:30:00.005-05:002009-09-24T12:39:27.655-05:00Conflict Resolution Day Approaches<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://www.acrnet.org/images/crday.408x528.jpg"><img style="margin: 0pt 0pt 10px 10px; float: right; cursor: pointer; width: 289px; height: 374px;" src="http://www.acrnet.org/images/crday.408x528.jpg" alt="" border="0" /></a><br />October 15 is <a href="http://www.acrnet.org/crday/">Conflict Resolution Day</a>, sponsored by an organization that I belong to and respect, the <a href="http://www.blogger.com/www.acrnet.org">Association for Conflict Resolution</a>. As Conflict Resolution Day approaches, a number of local <span class="blsp-spelling-error" id="SPELLING_ERROR_0">ACR</span> Chapters begin publicizing the day as well as local governmental units and agencies.<br /><br />Here's the first <a href="http://www.hometownglenburnie.com/news/Community/2009/09/23-29/Community+Digest+%0A.html">article</a> that I've come across, it's from the Maryland Gazette, announcing that Maryland's <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Judiciary's</span> Mediation and Conflict Resolution Office is sponsoring a Conflict Resolution Day Student Bookmark Art <a href="http://www.courts.state.md.us/macro/artcontest.html">Contest</a>.<br /><br />Congratulations to the Maryland <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Judiciary's</span> <a href="http://www.courts.state.md.us/macro/">Mediation and Conflict Resolution Office</a> in kicking off Conflict Resolution Day, and what a great way to start--by inviting children to think about resolving their conflicts peaceably.<br /><br />We'll keep posting on Conflict Resolution Day activities as they become available.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-3537850129685884822009-09-18T10:57:00.014-05:002009-09-18T12:51:49.690-05:00Health careLike most folks, I'm interested in the debate on health care that is going on in this country. Being the good neutral, I'm not going to let you know my preferences.<br /><br />But I got to thinking this morning on the way back from the courthouse: how would I mediate the health care debate?<br /><br />The health care debate has all of the issues relating to a really sophisticated piece of complex litigation: opinions on all sides from authorities in the field and interesting legal issues (the Wall Street Journal has run pieces discussing the constitutionality--rather, unconstitutionality of the federal government regulating or requiring health care--see WSJ stories <a href="http://online.wsj.com/article/SB10001424052970203917304574412793406386548.html">here</a> and <a href="http://online.wsj.com/article/SB10001424052970204518504574416623109362480.html">here</a> and related stories <span style="text-decoration: underline;"></span><a href="http://lawprofessors.typepad.com/conlaw/2009/08/the-constitutionality-of-the-current-health-care-proposal.html">here</a> and <a href="http://www.theatlantic.com/doc/200909/health-care">here</a>).<br /><br />If you were appointed to mediate the health care debate, how would you approach the mediation? How would you try to get the parties to "settle" the issue? How would you set up the mediation? How would you help the parties frame the issues?<br /><br />I'm interested in your thoughts.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-44312803194725247702009-09-18T10:57:00.003-05:002009-09-18T10:57:53.288-05:00CongratulationsCongratulations to me and Re:solutions. We just published our 100th post. <pat-on-back>Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-58524228200116836182009-09-14T07:43:00.004-05:002009-09-14T07:48:31.170-05:00ADR and HealthcareHere's a very interesting <a href="http://tinyurl.com/knk45f">article </a>by Emily P. Walker at <span class="blsp-spelling-error" id="SPELLING_ERROR_0">medpagetoday</span>.com. In it, she discusses the efficiencies of <span class="blsp-spelling-error" id="SPELLING_ERROR_1">ADR</span> procedures in the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_2">health care</span> arena. She cites a study by Chris Stern Hyman of the <a href="http://www.mediate.com/hyman/">Medical Mediation Group</a> that of 19 cases that were mediated, 13 reached an agreement in an average of 2.3 hours. Of the 19 cases, 11 had an apology offered by a hospital system representative, and when the apology occurred, settlement was about two and a half times more frequent then when there was no apology.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-75134331150506435402009-09-08T20:12:00.004-05:002009-09-08T20:32:19.099-05:00More on foreclosure mediationsWhat happens when you invite people to a party, but no one shows up?<br /><br />This is happening with foreclosure <span class="blsp-spelling-error" id="SPELLING_ERROR_0">mediations</span> in the Dayton area. According to an article in the Dayton Daily News (<a href="http://www.daytondailynews.com/news/dayton-news/when-foreclosure-looms-mediation-offers-lifeline-273431.html">here</a>), of the 62 cases referred to mediation in Montgomery County, 40 homeowners failed to respond. Seven were settled, 13 are pending, and 2 were canceled.<br /><br />What does this mean when almost 65% of the folks don't show up? And I think most people would conclude that mediation of foreclosure actions is designed to help the homeowners.<br /><br />Similarly, in Franklin County, the administrator for its Foreclosure Mediation project is that "30 percent" of the completed <span class="blsp-spelling-error" id="SPELLING_ERROR_1">mediations</span> are keeping their homes.<br /><br />In Nevada, after expecting 1,250 and 1,500 homeowners a month flocking to a foreclosure mediation program, only 10 homeowners requested mediation--during a six week period. Click <a href="http://www.biggerpockets.com/renewsblog/2009/08/17/mortgage-mediation-party/">here </a>for the article.<br /><br />My initial thought is that mediators need to educate homeowners about the benefits of mediation. But it may also be that the mediators aren't able to get in contact with the borrower to talk with them in the first place. Also, it may be the the borrower identifies the situation as hopeless and would rather turn resources toward starting over instead of trying to maintain what is perceived to be an impossible situation.<br /><br />Regardless, mediation can be a very effective tool in helping lenders and borrowers come together and see if a workable solution exists.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com1tag:blogger.com,1999:blog-6518587079089460683.post-20100887882826302422009-09-08T10:05:00.003-05:002009-09-08T10:10:47.112-05:00Green ThinkingAndrew Winston writes in his management <a href="http://blogs.harvardbusiness.org/winston/2009/06/were-in-the-midst-of.html?cm_mmc=npv-_-MANAGEMENT_TIP-_-AUG_2009-_-MTOD0827">blog </a>for Harvard Business about businesses like Toyota who were thinking "green" way back in the '90s when oil was at $17.00 a barrel.<br /><br />Going "green"--taking steps to enhance and protect the environment--is very popular these days. My wife and I were registering for baby necessities yesterday and I was amazed at the number of baby products that were "green." I was also amazed at the number of books that are published to read to one's kid about the environment, ecology, and doing what one can to save the environment.<br /><br />What about the <span class="blsp-spelling-error" id="SPELLING_ERROR_0">ADR</span> profession? Are professionals in the <span class="blsp-spelling-error" id="SPELLING_ERROR_1">ADR</span> community thinking "green"? I'm looking for input on this question because I don't have the answers. I'm thinking of more than replacing light bulbs and turning down (or up) the thermostat. What should we, as <span class="blsp-spelling-error" id="SPELLING_ERROR_2">ADR</span> professionals, be doing to go and think green? Should we? I'd like to hear from you.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-85174352800823169072009-09-08T09:51:00.003-05:002009-09-08T10:03:13.668-05:00Being youHow many times have we heard someone say (or that we've said), "Oh, that's just the way that I am." We usually say that when trying to explain behaviors that are not productive (or some would say annoying). <br /><br />Marshall Goldsmith, blogging for Harvard Business Publishing, asks the question, "Do You Have an Excessive Need to Be Yourself?" The post can be found <a href="http://blogs.harvardbusiness.org/goldsmith/2009/07/do_you_have_an_excessive_need.html?cm_mmc=npv-_-MANAGEMENT_TIP-_-SEP_2009-_-MTOD0904">here</a>. <br /><br />Goldsmith's analysis, and questioning that he provided to a CEO, are terrific for mediators and <span class="blsp-spelling-error" id="SPELLING_ERROR_0">ADR</span> professionals. Part of our goal, in my opinion, is to help lead people from one place to another. This often means candid and uncomfortable conversations. But those conversations are necessary.<br /><br />So the next time that we say, "Oh, that's just the way that I am," let's ask ourselves not only why are we that way, but also, what effect does our behavior have on other people? What effect do we have on people by focusing on ME instead of THEM?Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-72781479972932974202009-09-08T09:36:00.002-05:002009-09-08T09:49:52.037-05:00ADR and the RecessionAn interesting <a href="http://online.wsj.com/article/SB125236538620490881.html">article </a>in today's Wall Street Journal got me thinking. <br /><br />What effect is the recession having on the mediation-arbitration-alternative dispute resolution markets?<br /><br />The reporting by Paulo <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Prada</span> and Corey <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Dade</span> analyzes funding cuts in the Georgia state court system. According to the authors, the court system's funding was cut by almost 15% last year, and future cuts are expected. One state judge is reported to have said that temporary hearings (for family custody cases) are now taking 60 days to reach instead of the usual "few weeks at most."<br /><br />What does this mean for <span class="blsp-spelling-error" id="SPELLING_ERROR_2">ADR</span> professionals? I'd suggest it means opportunities.<br /><br />It seems that we're told from day one in our training, and almost all of us market ourselves and the <span class="blsp-spelling-error" id="SPELLING_ERROR_3">ADR</span> process as a methodology that is cheaper, more efficient, faster, and more creative than the court system.<br /><br />Now is our opportunity to prove that what we say in our training and marketing materials is true.<br /><br />As <span class="blsp-spelling-error" id="SPELLING_ERROR_4">ADR</span> professionals, don't we have an opportunity--and perhaps an obligation--to assist those who are trying to access the court system to help them resolve their disputes in a less expensive, more efficient, and quicker way instead of waiting for overworked and understaffed courts to reach the case? Why can't we step in early and help folks discuss and structure the temporary orders in family cases? Why can't we help parties who are in the midst of a discovery dispute? Why can't we help the parties to resolve all of conflicts that occur during litigation, instead of just focusing on the final resolution of the entire case? <br /><br />I'd like to know your thoughts.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-62132807904977352742009-08-12T16:05:00.002-05:002009-08-12T16:13:07.620-05:00The Mediator who isn't an AttorneyI was reflecting this morning about some of the conferences and professional meetings I have attended in the last year. In almost all instances--except those that are for attorneys only--there is a debate about mediators who don't have a law degree. The debate centers on how mediators should identify themselves.<br /><br />In one of the professional organizations that I belong to, some members will introduce themselves as "non-attorney mediators." Others in that same organization express outrage at such a description. <br /><br />I can't think of another profession that describes its members by what they are not: "Hello, I'm a non-doctor plumber." Or a "non-engineer architect." <br /><br />There is no question that mediation, and mediators, derive a great deal of work from and through the legal system. Having judicial appointments is a good way to obtain cases. Having professional relationships with attorneys is a good source for business. The courthouse is a natural place for disputes and opportunities for resolving disputes.<br /><br />But should people be identified as "non-attorney mediators?" What are the pros and cons of such a label? I'd be interested in your thoughts.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com1tag:blogger.com,1999:blog-6518587079089460683.post-40363406249359509402009-07-27T10:31:00.004-05:002009-07-27T10:58:41.908-05:00Nevada Foreclosure Mediation in EffectPursuant to state law and Supreme Court rules, the Nevada Foreclosure Mediation Program is underway, having received its first requests for mediation. Click <a href="http://www.ktnv.com/Global/story.asp?S=10793070">here </a>for the story from <span class="blsp-spelling-error" id="SPELLING_ERROR_0">KTNV</span>. <br /><br />The large number of foreclosures in Nevada prompted the state legislature to adopt Assembly Bill 149 this year, which establishes a mediated foreclosure program for owner-occupied residential properties subject to foreclosure notices (only those filed after July 1, 2009). The Nevada Supreme Court adopted rules for the program. The Nevada Supreme Court's foreclosure web page may be found <a href="http://www.nevadajudiciary.us/index.php/foreclosure-mediation.html">here</a>. <br /><br />Some interesting aspects of the program:<br /><br /><ul><li>The establishment of a new fee of $50.00 to pay for the program;</li><li>Mediation will occur within 90 days of the date the lender records the notice of default;</li><li>The list of mediators includes senior judges, Supreme Court settlement conference judges, and other <span class="blsp-spelling-error" id="SPELLING_ERROR_1">designees</span>;</li><li>Mediators must be an attorney licensed to practice law in the State of Nevada or otherwise "experienced" (defined as having 40 hours of classroom and role playing and 10 meditations as a co-mediator or solo mediator);</li><li>All mediators must participate in a four hour training in mortgages, deeds of trust, promissory notes, loan modifications, and Nevada foreclosure law;<br /></li><li>Mediators are paid $400.00, paid equally between the parties and the fee is nonrefundable.</li></ul>I am looking forward to seeing the results of this program and whether the number of foreclosures decrease, what percentage of loans are modified, and what percentage of modified loans subsequently go into default.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-53424330138741238912009-07-24T17:41:00.004-05:002009-07-24T18:04:24.108-05:00The Future of Consumer ArbitrationThe future of consumer arbitration is uncertain with this week's developments.<br /><br />Let's start with the <a href="http://www.adrforum.com/">National Arbitration Forum</a>. <span class="blsp-spelling-error" id="SPELLING_ERROR_0">NAF</span> is (was) set up to arbitrate disputes between consumers and credit card companies. Earlier this week, <span class="blsp-spelling-error" id="SPELLING_ERROR_1">NAF</span> agreed, as part of a settlement with the Minnesota Attorney General, to cease administering <span class="blsp-spelling-error" id="SPELLING_ERROR_2">arbitrations</span> of consumer credit card disputes as of July 24, 2009. Versions of the story and settlement can be found <a href="http://www.adrforum.com/newsroom.aspx?&itemID=1528&news=3">here </a>and <a href="http://online.wsj.com/article/SB124822374503070587.html">here</a>.<br /><br />As part of this fallout, the American Arbitration Association announced that it will not participate in consumer-based <span class="blsp-spelling-error" id="SPELLING_ERROR_3">arbitrations</span> until new guidelines can be developed. <a href="http://online.wsj.com/article/SB124822374503070587.html">Here</a>'s the Wall Street Journal's story and <a href="http://www.adr.org/si.asp?id=5769">here's</a> the release from the AAA.<br /><br />On Wednesday, JP Morgan Chase announced that it would no longer engage in arbitration for credit card disputes and was examining its consumer contracts. <a href="http://www.creditcards.com/credit-card-news/credit-card-binding-arbitration-system-crumbling-1282.php">Here's </a>the link to that story.<br /><br />With two major arbitration outfits leaving the field, and one major creditor leaving the field, what will the future look like?<br /><br />While hard to tell, my initial thought is that consumer credit card disputes will be filed in courts instead of arbitration forums. That means more work for judges with heavier caseloads and more opportunities for mediators who will have access to these types of disputes that they didn't have before.<br /><br />It may also lead to a larger break-up of mandatory arbitration of all consumer disputes, not just credit card disputes. There are a number of critics of arbitrating the consumer dispute (as well as a number of supporters)--too many to list them here (hint: Google "consumer arbitration unfair" for about 101,000 hits on the subject; "consumer arbitration unfair" yields about 130,000 hits). An excellent analysis of the pros and cons of consumer arbitration can be found <a href="http://www.searlearbitration.org/">here</a>, a report by the <span class="blsp-spelling-error" id="SPELLING_ERROR_4">Searle</span> Center at Northwestern University Law School.Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0tag:blogger.com,1999:blog-6518587079089460683.post-8557399193341126242009-04-14T09:41:00.004-05:002009-04-14T11:32:45.668-05:00Workplace conflict equals lower productivityThe title of this post is likely not surprising: when there is <em>negative</em> workplace conflict, the workplace suffers. We all know that, or at least sense that, from our everyday workplace lives.<br /><br />A recent study from the <a href="http://view.ed4.net/v/TGFU/7KVFP/5C0O2BW/A79941/">Harvard Business Review </a>quantifies the cost of workplace conflict (the authors use "rudeness" and "incivility" in the workplace, instead of "conflict"). I encourage you to read the report.<br /><br />The report, which is based upon a study of "several thousand U.S. managers and employees" found that, because of workplace rudeness and incivility:<br /><ul><li>48% of employees decreased their work effort;</li><li>47% decreased their time at work;</li><li>38% decreased their work quality;</li><li>66% said their performance declined;</li><li>80% lost work time worrying about the incident;</li><li>63% lost time avoiding the offender; and</li><li>78% said their commitment to the organization declined.</li></ul><p>These are staggering numbers. Just imagine if I could tell you, as a manager, that I could increase your employee's work quality by 10%--would you be willing to listen? I'm sure you would. Now look at these numbers again not in negative terms, but as opportunities to increase job satisfaction, company loyalty, and employee performance. If you had a conflict resolution procedure in your work force and could slash these percentages by 10%, how much more effective, and profitable, would your workplace be? How many more satisfied employees--and customers--would you have?</p><p>How different would our workplaces be if we learned to manage conflict, and channelled that negative energy into positive, creative ways to improve productivity and commitment to the organization?</p>Re:Solutionshttp://www.blogger.com/profile/10479125156023324601noreply@blogger.com0