ADR, Collaborative Law, Effective Communication, HNLR Online Article

Collaborative Divorce: A Model for Effective Problem-Solving and Prevention

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A Review of Forrest S. Mosten, Collaborative Divorce Handbook* By Thomas D. Barton** Introduction Collaborate Divorce Handbook, by Forrest S. Mosten, delivers what its title suggests–a complete, point-by-point practical guide for lawyers wishing to learn about collaborative divorce techniques.  But this book also offers much more, and to a far broader readership.  It can inspire all lawyers to adopt a stronger, more effective, and more personal approach to clients.  It can inform related professionals–mental health […]

Featured Articles, HNLR Online Article

Decisional Errors – On the Field, On the Bench, In Negotiations

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The Question is Not Whether Humans Make Decisional Errors, But How to Compensate for Them By Donald R. Philbin, Jr. ESPN recently dubbed baseball umpire Tim McClelland’s missed calls in Game 4 of the American League playoffs as “the worst umpiring performance at an Angels games since Leslie Nielsen in ‘The Naked Gun.’”1 While his mistakes were not outcome determinative, they rekindled calls for the use of instant replay. Those of us who have spent

HNLR Online Article, Negotiation

Power Differentials in Negotiation: Don’t Let ’em Push You Around

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By Stephen Frenkel Participants in MWI’s Collaborative Negotiation Trainings often ask how they should handle significant power differentials. Most frequently, this question is asked by those who perceive themselves to be in a position of lower power. “A collaborative approach is all well and good,” they say, “but what happens when the other side doesn’t need to buy into that approach because they have the upper hand?” My first approach is to challenge them on

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Settlement And Justice For All

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By Robert C. Bordone & Matthew J. Smith Recently the Justice Department announced that it had entered into a $2.3 billion settlement agreement with pharmaceutical colossus Pfizer, bringing to a close a four year investigation alleging that Pfizer had illegally marketed and promoted the painkiller Bextra as a remedy for conditions that had not been approved by the FDA. As the federal and state prosecutors involved in the case celebrated the largest health care fraud settlement

Dispute Systems Design, HNLR Online Article

Systems for Dealing with Conflict and Learning from Conflict—Options for Complaint-Handling: an Illustrative Case

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By Brian Bloch, David Miller, and Mary Rowe The phone rings in the Ombuds Office[1]. A Ms. Lee is telephoning the ombudsman from far away. Lee is a department head in our organization who is temporarily assigned overseas. She says that a colleague, Ms. Dula, insisted that Ms. Lee call the Ombudsman immediately. Ms. Lee says that Ms. Dula noticed her crying in the bathroom, listened for a while, and then Ms. Dula insisted that

Dispute Systems Design, HNLR Online Article

Organizational Systems for Dealing with Conflict & Learning from Conflict

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Introduction Click here to download the full article (pdf) Ideas about conflict are compelling topics for those of us who in work in organizations. We think about workplace justice, alternative vs. appropriate dispute resolution, and how to help leaders and teams deal effectively with the concerns and conflicts that preoccupy them. We think about organizational systems for dealing with conflict and learning from conflict. The present authors prefer this concept to the conventional term “conflict

Arbitration, HNLR Online Article

Managing Cultural Differences In An International Organization Conflict Management System

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David Miller, Staff Ombudsman, World Health Organization Click here to download the full article (pdf) Conflict management requires recognition that conflict is occurring. However, often there is no such recognition. Boundaries are often violated, behaviourally or verbally, by apparent abusers, harassers or aggressors unaware of the effects of their actions. And some people perceive no constraint on their actions. Sometimes also, those who are injured are not able to understand — or find it hard

Dispute Systems Design, HNLR Online Article

Creating a Faith-Based Conflict Management System

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Brian Bloch Download the full article (pdf) Every organization has to deal with conflicts. Many deal with them on an ad hoc basis without articulating a standard way to process conflicts.  Few have gone to the extent of designing a conflict management system (CMS).  Faith-based organizations (FBOs) are no exception.  While many FBOs have well-developed programs for conciliation, mediation, and scripture-based peacemaking, very few religious communities have taken advantage of the CMS approach to their

Dispute Systems Design, HNLR Online Article

An Organizational Ombuds Office In a System for Dealing with Conflict and Learning from Conflict, or “Conflict Management System”

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Mary Rowe, PhD, Ombudsperson, MIT Download the full article (pdf) An Organizational Ombuds Office[1] can address conflicts and concerns, informally and confidentially, and in many ways. In addition an Ombuds Office may effectively complement the roles of all the other components in a conflict management system (CMS). In particular an Ombuds Office may help to address major dilemmas faced by a CMS: Major Dilemmas A. How to help everyone in an organization to feel they

Featured Articles, HNLR Online Article

Power and Trust in Negotiation and Decision-Making: A Critical Evaluation

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By Yan Ki Bonnie Cheng I. Introduction This paper critically evaluates the impact of power and trust on negotiation and decision-making.* “[A] basic fact about negotiation, which could well be easily forgotten, is that [one is] dealing not with abstract representatives of the ‘other side’, but with human beings.” It is therefore unsurprising that human phenomena like power and trust should have a significant influence in the process. These phenomena, however, are broad, complex, and

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