Category Archives: Conflict Resolution

The New Chair for Mediation?

Posted on by Chris Poole

Here’s a new approach on the best way to get parties together. Take a look at the new design from Dutch furniture designer Peter Sas.

According to Mr. Sas, sitting always serves a particular purpose. He designed this chair in which three people can take a seat and resolve a conflict. The visual result: a tête à tête in mirror image.

In an interview with Annemarie van der Weert in the Living section of the Telegraaf newspaper, Mr. Sas said:

“The chair is highly functional, and clearly designed with [Dutch designer Gerrit Thomas] Rietveld’s archetype in mind. The way you in which you sit is also really important. You always sit constrained in a group discussion. The chair, because of its zigzag construction, forces you to always look straight ahead and you can always get up and walk away. That gives the feeling of freedom.”

The ideal spot to use this: “Places where conflicts need to be resolved, the court house, or a human resources department. If there are disagreements, those concerned can set down together with an intermediary and try to solve the problem. That will save a lot of money and fuss!”

An Open Letter from the ABA

Posted on by Kim Taylor, Esq.

Today’s post comes from Kim Taylor, JAMS senior vice president and COO. Working directly with the president and CEO, Ms. Taylor oversees the day-to-day operations for 25 JAMS resolution centers worldwide.

Conflict is an inevitable part of life — from our jobs, to our families to our communities.  Sometimes, serious situations can’t be solved by the people involved. The first place we think of going to is the courthouse. But it is not the only place. If your case could be heard fairly and resolved quickly without a judge or jury, would you consider it?

When it comes to custody battles, employment disputes and other civil legal matters, you have other options. Your case does not have to begin and end in court. Indeed, there are “multiple paths to justice.” During this American Bar Association Mediation Week, Oct. 14-20, we are focusing on expanding awareness on the use of mediation as an effective alternative to traditional court proceedings.

Mediation is a process led by an impartial, skilled third person who guides the parties to discuss their issues and interests. The parties provide each other with information and explore ideas for the resolution of the dispute. The ultimate goal is to find a workable solution all sides accept.

Corporations and governments rely on mediation to resolve a wide range of conflicts, but the practice is increasingly used for the resolution of civil and family disputes, like divorce or foreclosure.

In this time of widespread judicial budget cuts, waiting to have your case heard in court could mean years of living with unresolved matters — such as child support or the probate of a will. The mediation process is based on the parties’ work schedules and daily demands. Sessions can even be scheduled on the weekends.

The ABA is engaged in a national campaign, including public service announcements and school programs, to increase awareness about how mediation can help. Learn more about it on the ABA Section of Dispute Resolution webpage.

Mediators do not decide who is right or wrong, but they can help you resolve problems in a more timely and less expensive way than courts. It’s a process that can help any American who seeks justice.

JAMS Supports 2012 ABA Mediation Week

Posted on by Chris Poole

JAMS is proud to participate in the ABA’s 2012 Mediation Week. JAMS will host complimentary CLEs and events throughout the week starting Monday, Oct.15. The ABA Mediation Week celebrates the strides made to institutionalize mediation as one of several appropriate dispute resolution processes.

The theme for the 2012 ABA Mediation Week is “Mediation in the Mainstream.” Lawyers and mediators from the court house to the conference room are using alternative means to settle disputes. By using mediation, practitioners can shed light on an important method of resolving personal, commercial, government and community disputes.

JAMS has partnered with local bar associations, law schools and community organizations throughout Mediation Week to host networking receptions and CLEs. A list of events, speakers and locations can be found on the JAMS website at www.jamsadr.com/mediationweek2012. Events are scheduled to take place in Atlanta, London, Los Angeles, Miami, New York, Orange (CA) and San Francisco.

It’s very important to promote the use and benefits of mediation and help to reinforce its value and effectiveness. This is a great effort from the ABA and JAMS is glad to be a part of it.

In Memoriam: Roger Fisher

Posted on by Chris Poole

Roger Fisher, a Harvard Law School professor and co-author of the 1980s best-seller on how to negotiate titled Getting to Yes, passed away in recently at the age of 90.

Along with William Ury and Bruce Patton, he wrote Getting to Yes: Negotiating Agreement without Giving In, in 1981. Since then, the book has been translated into 23 languages and sold millions of copies worldwide.

“Roger was an icon in the negotiation field,” said JAMS panelist Linda Singer, who worked with Roger over the years. “Through Getting to Yes, he brought worldwide attention to both the theory and practice of negotiation. We lost an icon in our field.”

Fisher was the founder and director emeritus of the Harvard Negotiation Project. He was an innovator in the theory, teaching and practice of negotiation and conflict resolution. Sometimes invited — and sometimes at his own initiative — Fisher advised government and military officials, rebels and independence movements, labor unions and corporations around the world on how to resolve their differences. He would urge disputing parties to focus on each other’s underlying interests, rather than their bargaining positions.

He will be missed.