What's Happening [12.17.13]

The Pirate Negotiator

By Caitlin Dickson/TheDailyBeast.com

Ali Mohamed Ali faces life in prison on piracy-related charges. But is he a criminal mastermind or a Good Samaritan? The truth is likely something in between.

Read more [HERE]

The Expert Trap

Karen Hollett- I was speaking to an ADR class at Osgoode Hall law school this Fall about the Reasonable Person Model (RPM, see previous posts) when, to my chagrin, I confess that I fell into what RPM scholars refer to as the "expert trap." There I was, eager to explore with the students the environmental influences on mediation, started blabbing on about the environment consisting of "patterns of information" - even sent them off to do some small group discussion - and I am not sure that anyone really understood what I was talking about. One might expect that I should know better...

Read more [HERE].

Bouncing Back

Cinnie Noble- In the aftermath of interpersonal conflicts some of us bounce back quicker than others. There are lots of reasons for this. For instance, as discussed in previous blogs, we may have unresolved issues and emotions that continue to haunt us. Other variables that influence our resilience are how we manage stress, how we process our feelings, our general pessimistic versus optimistic approaches to life, the degree of lingering hurt and other emotions due to the dispute, and so on. Some other factors include our general physical wellbeing and the spiritual and philosophical dimensions of our lives.

What does it mean to bounce back from interpersonal conflicts then?

Read more [HERE].

Understanding Interests Leads To Agreements, Even Against Significa...

mchallamlaw- The forces that motivated Kennedy and Johnson were so strong that each man was able to reach an agreement in the face of violent opposition and accusations of betrayal. The episode forms a powerful lesson for mediators and dispute resolution professionals: understand the parties’ interests. Parties are likely to consent to an agreement which advances those interests to the great possible extent, despite what other’s think or advise….

Read more [HERE].

NY Dispute Resolution Lawyer Magazine Highlights Ombuds Profession

Tom A. Kosakowski- The current issue of the publication from the NY State Bar Dispute Resolution Section includes three articles about the Organizational Ombuds profession.

Organizational Ombuds—Ensuring an Effective Dispute Resolution System byRandy Williams explains that an Ombuds program is an essential part of a resolution system that mitigates risk, protects reputation, reduces financial and human costs, complies with laws, regulations and policies, and fosters an ethical work environment;
Organizational Ombuds: Competencies, Conversations and Case Management by Susan Casino highlights the specific characteristics and skill sets that distinguish exceptional Ombuds; and
Profiles in ADR—Paths to the Same Amazing Job—Ombudsman by Laura A. Kaster incorporates interviews of three outstanding Ombuds to sketch the possible paths to the profession.

Randy Williams is currently a Managing Director of Redmond, Williams & Associates, LLC. Susan Casino is the Director of Ombuds Services at Apollo Education Group. Laura Kaster is Co-Editor-in-Chief of the NY Dispute Resolution Lawyer and a full-time mediator and arbitrator. (NYSB Dispute Resolution Lawyer.)