From the monthly archives:

April 2007

May 1 is Law Day--Celebrate!Two weeks ago I published a post explaining why I would not be observing One Day Blog Silence today, April 30, when many bloggers will be observing a collective day of silence in honor of the victims of the Virginia Tech shootings along with others who have fallen to violence throughout the world.

I have chosen not to participate. Today instead I am calling attention to another important observance. Tomorrow is Law Day. Law Day, a public education initiative of the American Bar Association, was created to celebrate democracy and the rule of law. I can think of no better way to honor those who have perished through violence than to celebrate the fundamental liberties that the rule of law protects. Before we can have peace in the world, we need justice first.

How will you celebrate Law Day? For some ideas, visit the Law Day web site.

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Demotivating bossesThere is probably no greater source of workplace conflict than bad bosses. Why?

Good bosses provide leadership. Bad bosses provide what columnist Dale Dauten, author of the Corporate Curmudgeon, calls “Impedership“–which Dauten defines as “the art of demotivation”–the ability to stifle innovation, stamp out ideas, and discourage success among employees.

In today’s column, Dauten points readers to a brilliant video produced by online training company ej4 that captures all the qualities common to demotivating bosses.

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Futureme.orgThere comes a point in a mediation when it’s time to ask the hard questions.

It often happens when negotiations are stalled. Although a decent offer is on the table, one thing stands between the parties and settlement. “Principle. It’s the principle of the thing,” they say, as they weigh hope at trial against certainty at the table.

At that point I may ask people to do something that is very difficult to do.

I ask them to think for a moment about the future–to imagine their future selves and to ask themselves, will that decision still be the right one for me then?

Unfortunately, the laws of physics prevent us from speaking directly to our future selves. But a web site has made it possible for anyone to send messages to the person they will be tomorrow. All you need is an email address that will hopefully still be active on the date of delivery.

Futureme.org allows visitors to send messages that will be delivered electronically to themselves at a designated future date. Visitors to the site can scroll through the public messages at random to read the dispatches from the past that await delivery–some hopeful, some filled with profanity, some bearing advice, others poignant. Here are two:

Because you were working on your thesis and went through that Roman Stoicism phase and tend to forget who said what and where all the ideas come from:

“Never let the future disturb you. You will meet it, if you have to, with the same weapons of reason which today arm you against the present.”

Marcus Aurelius

p.s. Finish the book and jog more

. . . . . .

Dear FutureMe,

First off, what the hell are you doing still using gmail?

Second, I’m really surprised that I’m still alive. I’d have expected the stress of working 100 hours a week would have killed me by now. I mean, seriously, what are the odds of a human being actually surviving for 30 years on Ramen noodles and day old pizza?

Oh well, I hope things have turned out well for me.

You can send yourself a message at Futureme.org.

So, what would you say to your future self?

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What's your learning style?As a trainer, I’m keenly aware that adult learners all have different learning styles. The trick is to find ways to engage them all.

Interested in finding out what your own learning style is? You can find out at the Vark Guide to Learning Styles by taking this online questionnaire.

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periodic_table of visualization elementsFacilitators, mediators, and other group process mavens, take note: here’s an interactive Periodic Table of Visualization Elements. Take a ride down the Argument Slide, cross the Negotiation Bridge, or marvel at the Heaven ‘n Hell Chart.

This fun tool comes courtesy of Visual-Literacy.org, an e-learning site educating visitors about “a critical, but often neglected skill for business, communication, and engineering students, namely visual literacy, or the ability to evaluate, apply, or create conceptual visual representations.”

(Hat tip to Cool Tools.)

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"Verdict on American Lawyers": ADR and collaborative law missing from one-sided depiction of lawyers and justice

April 19, 2007 ADR

American lawyers by now may be inured to media attacks on the legal profession. We expect it from Fox News. But this week lawyers drew fire from an unexpected source: a National Public Radio broadcast.
On Point, a week-day radio news magazine produced by NPR member station WBUR in Boston, broadcast a show this week titled [...]

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Why I will not be observing One Day Blog Silence

April 19, 2007 Blogs and Bloggers

By now many of you, including those living outside the U.S., have heard of the murder this week of 32 students and faculty at Virginia Tech by a lone gunman, a Virginia Tech student who turned the gun on himself and died also. It was the worst mass shooting in U.S. history.
Some of you as [...]

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Dispute management biggest cost control opportunity companies have, in experience of one in-house counsel

April 17, 2007 Dispute Resolution and Your Business

One of the biggest–and costliest–mistakes that businesses make is the failure to properly address disputes early in their life cycle. More and more though in-house counsel recognize the virtues of alternative dispute resolution as a cost- and time-saving device for the organizations they advise.
Case in point: in a Law.com interview, Mark LeHocky, general counsel at [...]

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Chicken peacekeepers mediate bunny turf war

April 17, 2007 Random Musings

Here in Massachusetts, although technically it’s Tuesday, today is our work week Monday. How come? Yesterday was Patriots’ Day, a state holiday which commemorates the battles of Lexington and Concord in the American Revolutionary War (and not New England’s favorite football franchise).
Therefore, here’s a Monday-style work-day distraction for mediators: a video of two chickens breaking [...]

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Blawg Review #104 is no shaggy dog story

April 17, 2007 Blawg Review

This week’s Blawg Review, the weekly review of the best in law blogging, is hosted this week by Rosemary the dog, filling in for her human, attorney Sheryl Schelin who blogs at the SC Employment Law Blog.
As usual, Blawg Review #104 links to some interesting posts, including Stephanie West Allen’s interview with Mohammadreza Hojat on [...]

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