Category: mediation
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Out of the Background—Into the Spotlight
Insurance Coverage Issues in Construction Mediation By Leslie King O’Neal Backups Play Important Roles in Music — and Mediation Backup singers and groups play important roles in all types of music, sometimes with credit and sometimes without. Rock & roll fans may find it hard to imagine Gladys Knight without the Pips or Tom Petty
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Construction Lawyers & the Art of Mediation Representation
By Leslie King O’Neal Mediation Representation—Underappreciated & Misunderstood While representing clients in mediation is part of most construction attorneys’ practices, few attorneys receive formal training about this aspect of their work. Mediation representation training is given short shrift compared to its more glamorous cousin, trial advocacy training. As a result, most lawyers develop their mediation
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Mediating with “High Conflict” Personalities—Tips for Attorneys & Mediators
By Leslie King O’Neal Most mediators and attorneys have met “high conflict personalities” (“HCP’s”) in their practices. A recent post described HCP behaviors”[i] and how to recognize them. This post offers practical tips for attorneys and mediators to make mediations with HCP’s more successful. These tips are based on the books Mediating High Conflict Disputes by
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A Bank Robber, the Matrix & Mediation
By Leslie King O’Neal Advice From a Bank Robber–Go Where the Money Is Willie Sutton was a notorious bank robber in the 1920’s and 1930’s.[i] Over his 40-year criminal career, he stole at least $2 million. When a reporter asked him why he robbed banks, he allegedly said, “Because that’s where the money is.” [ii]
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“High Conflict Personalities” & Disputes
By Leslie King O’Neal You’ve Met “High Conflict Personalities” Nearly everyone involved in dispute resolution encounters people with “high conflict personalities.” They’re often involved in disputes. These individuals are prone to, “exaggerated emotions, adamant directives, attacking and demeaning behavior, difficulty compromising, a preoccupation with blaming others, repeated interruptions, [and] bad-faith participation.”[i] Such behavior is frustrating
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Diversity Improves ADR Fairness
By Leslie King O’Neal The Ray Corollary Initiative Professor LaRue is a founder of the Ray Corollary Initiative (RCI) https://raycorollary.org, a non-profit corporation whose mission is to “increase diversity, equity and inclusion in the selections of arbitrators, mediators, and other ADR neutrals.” Named after Charlotte Ray, the first Black woman admitted to the Bar in
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“guided choice” mediation artificial intelligence mediation mediation preparation multi-party mediation
Mediation & the “Need for Speed”
By Leslie King O’Neal Speed Is The New Reality Adapting Mediation to “Speed Culture” The authors suggest lawyers and mediators must lean into the current “speed culture” and the mediation process must adapt to “the need for speed.” The authors criticize the leisurely pace at which some mediations are conducted, where half the day is
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