Comments for Mediation Channel http://mediationchannel.com News and ideas about mediation, negotiation, conflict resolution, and law Tue, 13 May 2008 13:04:49 +0000 http://wordpress.org/?v=2.5.1 Comment on Where were the mediators in the Microsoft-Yahoo negotiations? by Vickie Pynchon http://mediationchannel.com/2008/05/11/where-were-the-mediators-in-the-microsoft-yahoo-negotiations/#comment-1586 Vickie Pynchon Mon, 12 May 2008 19:50:11 +0000 http://mediationchannel.com/?p=876#comment-1586 Diane, Thanks for the link to this article on the mediation of commercial contracts. I've mediated a commercial contract negotiation only once. It was really a tremendous experience for me as well as for the parties who were negotiating a partnership to run a chain of blank blanks (confidentiality you know). To tell you the truth, I felt as if I were serving more party interests more effectively in this role than I sometimes do helping people settle litigation, particularly when those cases are "pure money" disputes. The "big boys and girls" like Yahoo and Microsoft already have people on staff who specialize in negotiating deals like this, as well as attorneys. The benefit of a neutral, of course, is in her/his ability to use back channels, to dig into the parties' deeper commercial interests (which can't be revealed between competitors) and to find ways of harmonizing conflicting interests as well aligning those that are already mutually beneficial. Diane, Thanks for the link to this article on the mediation of commercial contracts. I’ve mediated a commercial contract negotiation only once. It was really a tremendous experience for me as well as for the parties who were negotiating a partnership to run a chain of blank blanks (confidentiality you know). To tell you the truth, I felt as if I were serving more party interests more effectively in this role than I sometimes do helping people settle litigation, particularly when those cases are “pure money” disputes. The “big boys and girls” like Yahoo and Microsoft already have people on staff who specialize in negotiating deals like this, as well as attorneys. The benefit of a neutral, of course, is in her/his ability to use back channels, to dig into the parties’ deeper commercial interests (which can’t be revealed between competitors) and to find ways of harmonizing conflicting interests as well aligning those that are already mutually beneficial.

]]> Comment on Failure to listen leads to racial harassment charge by greg http://mediationchannel.com/2008/03/06/failure-to-listen-leads-to-racial-harassment-charge/#comment-1445 greg Thu, 01 May 2008 13:47:47 +0000 http://mediationchannel.com/2008/03/06/failure-to-listen-leads-to-racial-harassment-charge/#comment-1445 Wreaks of a quest for power by the employee that filed on Sampson. The individual "using" the very mechanisms that were supposed to prevent a dominant people from trying to rise above others through racism and cultural dominance. Now we see those who were once feeling persecuted and discriminated against doing the very thing that they hated so much in their "persecutors and so called discriminators." No one wants equality, they want power and superiority. This a sad fact concerning the of the nature of selfish human beings. Sampson's accuser wants to feel empowered by notifying the S.S. (superiority seekers) of a breach in their ranks that may prevent their rise to (power) equality. This S.S. (ignorance) is what is offensive to me, no some antiquated group from the past. Wreaks of a quest for power by the employee that filed on Sampson.
The individual “using” the very mechanisms that were supposed to prevent a dominant people from trying to rise above others through racism and cultural dominance. Now we see those who were once feeling persecuted and discriminated against doing the very thing that they hated so much in their “persecutors and so called discriminators.” No one wants equality, they want power and superiority. This a sad fact concerning the of the nature of selfish human beings. Sampson’s accuser wants to feel empowered by notifying the S.S. (superiority seekers) of a breach in their ranks that may prevent their rise to (power) equality. This S.S. (ignorance) is what is offensive to me, no some antiquated group from the past.

]]> Comment on MediationChannel.com hacked last night by Diane Levin http://mediationchannel.com/2008/04/22/mediationchannelcom-hacked-last-night/#comment-1421 Diane Levin Tue, 29 Apr 2008 17:37:18 +0000 http://mediationchannel.com/?p=843#comment-1421 I am incredibly touched by the people who reached out to show their support, either by leaving comments as you all did, or by emailing me. Thank you so much for letting me know you were thinking of me. I cannot begin to tell you how much your encouragement and expressions of concern have meant. Thank you so much for being there! Best wishes, Diane I am incredibly touched by the people who reached out to show their support, either by leaving comments as you all did, or by emailing me. Thank you so much for letting me know you were thinking of me.

I cannot begin to tell you how much your encouragement and expressions of concern have meant. Thank you so much for being there!

Best wishes,
Diane

]]> Comment on Making Mediation Your Day Job: great mediation marketing resource now available in print by Diane Levin http://mediationchannel.com/2008/02/12/making-mediation-your-day-job-great-mediation-marketing-resource-now-available-in-print/#comment-1419 Diane Levin Tue, 29 Apr 2008 10:46:36 +0000 http://mediationchannel.com/2008/02/12/making-mediation-your-day-job-great-mediation-marketing-resource-now-available-in-print/#comment-1419 Darran, I'm afraid you may have misunderstood. I wish I were, but I'm not the author of this book, my friend Tammy Lenski is. I have merely provided my review of it. I'm sorry to hear that you're struggling in the job market. This is one of the problems our field faces -- there simply aren't enough opportunities available for professionals in the ADR field, and the market is highly competitive. Have you followed up with the university you earned your degree from? What resources do they offer alumni like yourself? Have you availed yourself of their career services office? They helped you acquire your degree -- hopefully they should be able to assist a graduate of one of their programs. I would begin there. Best of luck, Darran. And thank you kindly for your comment. Darran, I’m afraid you may have misunderstood. I wish I were, but I’m not the author of this book, my friend Tammy Lenski is. I have merely provided my review of it.

I’m sorry to hear that you’re struggling in the job market. This is one of the problems our field faces — there simply aren’t enough opportunities available for professionals in the ADR field, and the market is highly competitive.

Have you followed up with the university you earned your degree from? What resources do they offer alumni like yourself? Have you availed yourself of their career services office? They helped you acquire your degree — hopefully they should be able to assist a graduate of one of their programs.

I would begin there. Best of luck, Darran. And thank you kindly for your comment.

]]> Comment on Bias: a good reason to settle before trial? by Diane Levin http://mediationchannel.com/2008/04/25/thoughts_on_bias/#comment-1418 Diane Levin Tue, 29 Apr 2008 10:39:14 +0000 http://mediationchannel.com/?p=851#comment-1418 John, I couldn't agree with you more. I do not count myself among those who view litigation as a necessary evil. The jury trial is one of the hallmarks of democracy, and one of the few ways in which ordinary citizens participate in it. The rule of law means access to justice and to the courthouse doorway. I've talked about that in <a href ="http://mediationchannel.com/2008/03/10/debating-the-meaning-of-the-a-in-adr/" rel="nofollow">"Debating the meaning of the 'A' in ADR"</a> and in <a href="http://mediationchannel.com/2007/11/16/lawyers-pakistan-and-democracy-is-it-time-for-a-nobel-prize-in-law/" rel="nofollow">"Is it time for a Nobel Prize in law?"</a> It's one reason why I oppose so strongly efforts to limit access to the legal system, including mandatory arbitration and the misnamed "tort reform". On the other hand, perhaps I didn't go far enough here. Perhaps I should have added that it may be even better to settle on your own than to mediate -- after all, even mediators are not immune to their own implicit biases. Some of us, in fact, like Scalia, may be overconfident about our ability to be impartial. John, I always delight to see your comments. I'm glad you stopped by. John, I couldn’t agree with you more. I do not count myself among those who view litigation as a necessary evil. The jury trial is one of the hallmarks of democracy, and one of the few ways in which ordinary citizens participate in it. The rule of law means access to justice and to the courthouse doorway. I’ve talked about that in “Debating the meaning of the ‘A’ in ADR” and in “Is it time for a Nobel Prize in law?” It’s one reason why I oppose so strongly efforts to limit access to the legal system, including mandatory arbitration and the misnamed “tort reform”.

On the other hand, perhaps I didn’t go far enough here. Perhaps I should have added that it may be even better to settle on your own than to mediate — after all, even mediators are not immune to their own implicit biases. Some of us, in fact, like Scalia, may be overconfident about our ability to be impartial.

John, I always delight to see your comments. I’m glad you stopped by.

]]> Comment on Making Mediation Your Day Job: great mediation marketing resource now available in print by Darran Hendricks http://mediationchannel.com/2008/02/12/making-mediation-your-day-job-great-mediation-marketing-resource-now-available-in-print/#comment-1409 Darran Hendricks Mon, 28 Apr 2008 19:13:48 +0000 http://mediationchannel.com/2008/02/12/making-mediation-your-day-job-great-mediation-marketing-resource-now-available-in-print/#comment-1409 I have not read your book yet but I plan too. But I am just wondering how realistic is it for students of mediation to acquire a full-time job if you do not have a law degree. Quite frequently I find that for students, like myself, who have earned a M.A. in Dispute Resolution there is very little work available. Because the market is becoming so flooded with new recruits and lawyers "I can't see the forest for the trees". Presently, I am volunteering in the evenings and on the weekends at a local mediation center because I work full-time. In addition there are more-and-more lawyers taking the mediation training - which seemingly gives them somewhat of an edge. What would you recommend? Your comments are greatly appreciated. Thank you, D. Hendricks I have not read your book yet but I plan too. But I am just wondering how realistic is it for students of mediation to acquire a full-time job if you do not have a law degree.

Quite frequently I find that for students, like myself, who have earned a M.A. in Dispute Resolution there is very little work available. Because the market is becoming so flooded with new recruits and lawyers “I can’t see the forest for the trees”. Presently, I am volunteering in the evenings and on the weekends at a local mediation center because I work full-time. In addition there are more-and-more lawyers taking the mediation training - which seemingly gives them somewhat of an edge.

What would you recommend? Your comments are greatly appreciated.

Thank you,
D. Hendricks

]]> Comment on Bias: a good reason to settle before trial? by John Shaffer http://mediationchannel.com/2008/04/25/thoughts_on_bias/#comment-1408 John Shaffer Mon, 28 Apr 2008 17:04:18 +0000 http://mediationchannel.com/?p=851#comment-1408 As rusty as the hinges of doors to justice may be, the courtroom and the pretrial process is still an important way to speak truth to power and correct oppressive power imbalances. I believe in private deal making with all my heart, but one bias of mediation we do not talk about is its contextual bias, that is that resolution between parties beats decision making by a third party. This is not always true, especially when there is an inherent imbalance of power consciously or unconsciously present in the deal making setting. I think we are being asked to walk a paradoxical line: conflict resolution is good, but sometimes, because it does not hit conflict head on, even encourage conflict escalation, it fails to serve a higher purpose. Gandhi and Martin Luther King understood this, and used nonviolent political process to good ends. Nonviolent legal process, as squeaky as it may be, provides another nonviolent to confront injustice and oppression. Let's not throw the baby out with the bath water in our cleansing conflict resolution efforts. As rusty as the hinges of doors to justice may be, the courtroom and the pretrial process is still an important way to speak truth to power and correct oppressive power imbalances. I believe in private deal making with all my heart, but one bias of mediation we do not talk about is its contextual bias, that is that resolution between parties beats decision making by a third party. This is not always true, especially when there is an inherent imbalance of power consciously or unconsciously present in the deal making setting. I think we are being asked to walk a paradoxical line: conflict resolution is good, but sometimes, because it does not hit conflict head on, even encourage conflict escalation, it fails to serve a higher purpose. Gandhi and Martin Luther King understood this, and used nonviolent political process to good ends. Nonviolent legal process, as squeaky as it may be, provides another nonviolent to confront injustice and oppression. Let’s not throw the baby out with the bath water in our cleansing conflict resolution efforts.

]]> Comment on MediationChannel.com hacked last night by Franco Conforti http://mediationchannel.com/2008/04/22/mediationchannelcom-hacked-last-night/#comment-1406 Franco Conforti Mon, 28 Apr 2008 10:58:39 +0000 http://mediationchannel.com/?p=843#comment-1406 Dear Diane, i´m so sorry to hear about this, you´re one of the TOP on Internet, and this should be the reason why, him/her envies you and you excellent work. My greeting from Spain, and please carry on with double of motivation now, we all are supporting you ! Cheers. Franco Estiamada Diana, lamento mucho saber que han hackeado tu blog, tu eres una REFERENTE en Internet, y esta puede ser una razón para el ataque, el o ella debe estar envidandote a ti a tu excelente trabajo. Mis saludos desde España, y por favor continua ahora con el doble de motivación, nosotros tus lectores, estamos aquí para apoyar. Saludos. Dear Diane, i´m so sorry to hear about this, you´re one of the TOP on Internet, and this should be the reason why, him/her envies you and you excellent work.
My greeting from Spain, and please carry on with double of motivation now, we all are supporting you !
Cheers.
Franco

Estiamada Diana, lamento mucho saber que han hackeado tu blog, tu eres una REFERENTE en Internet, y esta puede ser una razón para el ataque, el o ella debe estar envidandote a ti a tu excelente trabajo.
Mis saludos desde España, y por favor continua ahora con el doble de motivación, nosotros tus lectores, estamos aquí para apoyar.
Saludos.

]]> Comment on Bias: a good reason to settle before trial? by John Lassey http://mediationchannel.com/2008/04/25/thoughts_on_bias/#comment-1387 John Lassey Sun, 27 Apr 2008 16:29:21 +0000 http://mediationchannel.com/?p=851#comment-1387 Not to mention the jury. Multiply the inherent, unknown and undetected bias of the judge by twelve, and then add to it the time pressure resulting from the fact that most of the twelve would rather be somewhere else! Not to mention the jury. Multiply the inherent, unknown and undetected bias of the judge by twelve, and then add to it the time pressure resulting from the fact that most of the twelve would rather be somewhere else!

]]> Comment on Mediation blogs multiplying like rabbits at ADRblogs.com by John Lassey http://mediationchannel.com/2008/04/24/mediation-blogs-multiplying-like-rabbits-at-adrblogscom/#comment-1386 John Lassey Sun, 27 Apr 2008 16:00:09 +0000 http://mediationchannel.com/?p=848#comment-1386 Thanks for the welcome and listing. Thanks for the welcome and listing.

]]> Comment on MediationChannel.com hacked last night by ejm http://mediationchannel.com/2008/04/22/mediationchannelcom-hacked-last-night/#comment-1382 ejm Sun, 27 Apr 2008 06:39:28 +0000 http://mediationchannel.com/?p=843#comment-1382 What a nightmare! A word of caution just in case you're thinking to upgrade again: Make sure your database is completely backed up first. One of my colleagues just upgraded to the latest version of Wordpress (just released a couple of days ago) and his database was wiped out entirely. It's my feeling that there will be yet another upgrade to fix the bugs very soon. Elizabeth Morris What a nightmare!

A word of caution just in case you’re thinking to upgrade again: Make sure your database is completely backed up first. One of my colleagues just upgraded to the latest version of Wordpress (just released a couple of days ago) and his database was wiped out entirely.

It’s my feeling that there will be yet another upgrade to fix the bugs very soon.

Elizabeth Morris

]]> Comment on I’ll take Door No. 3, Monty: what a game show reveals about decision making by Michael Webster http://mediationchannel.com/2008/04/18/ill-take-door-3-monty-what-a-game-show-reveals-about-decision-making/#comment-1379 Michael Webster Sat, 26 Apr 2008 19:00:53 +0000 http://mediationchannel.com/2008/04/18/ill-take-door-3-monty-what-a-game-show-reveals-about-decision-making/#comment-1379 Hmm, switching always increases your chances from 1/3 to 2/3? Let us suppose that Monty Hall is lazy. Whenever he you pick door 1 and are correct then he only opens door 2 and never door 3. In the Lazy Monty Hall game, you are shown Door 3. Then it is a lock that Door 2 has the prize. So switching increases your chances from 1/3 to 1. What do you think switching does, in the Lazy Monty Hall game if you are shown Door 2, after picking Door 1? Hmm, switching always increases your chances from 1/3 to 2/3?

Let us suppose that Monty Hall is lazy. Whenever he you pick door 1 and are correct then he only opens door 2 and never door 3.

In the Lazy Monty Hall game, you are shown Door 3. Then it is a lock that Door 2 has the prize. So switching increases your chances from 1/3 to 1.

What do you think switching does, in the Lazy Monty Hall game if you are shown Door 2, after picking Door 1?

]]> Comment on MediationChannel.com hacked last night by Diane Levin http://mediationchannel.com/2008/04/22/mediationchannelcom-hacked-last-night/#comment-1365 Diane Levin Thu, 24 Apr 2008 12:15:09 +0000 http://mediationchannel.com/?p=843#comment-1365 Thanks, folks, for the kind comments and moral support -- I really appreciate it!!! Thanks, folks, for the kind comments and moral support — I really appreciate it!!!

]]> Comment on MediationChannel.com hacked last night by michael webster http://mediationchannel.com/2008/04/22/mediationchannelcom-hacked-last-night/#comment-1364 michael webster Thu, 24 Apr 2008 02:54:47 +0000 http://mediationchannel.com/?p=843#comment-1364 Sorry to hear about this. It looks you had the db backed up. Hope that you didn't lose too much. See if your host provider can provide you with an automatic daily backup of the db. Sorry to hear about this. It looks you had the db backed up. Hope that you didn’t lose too much. See if your host provider can provide you with an automatic daily backup of the db.

]]> Comment on MediationChannel.com hacked last night by Nancy E. Hudgins http://mediationchannel.com/2008/04/22/mediationchannelcom-hacked-last-night/#comment-1360 Nancy E. Hudgins Wed, 23 Apr 2008 19:45:12 +0000 http://mediationchannel.com/?p=843#comment-1360 Awful news. Let me know if I can do anything to help. Seriously. Best, Nancy Awful news. Let me know if I can do anything to help. Seriously.
Best,
Nancy

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