News & Analysis as of

Conflict Resolution

JAMS

The Emotionology of Arbitration and Mediation

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I coined the term “emotionology,” which is a combination of “emotion” and “psychology.” It describes an applied science that examines how human emotions influence and become part of decision-making and negotiation processes...more

JAMS

How Mediation Styles Can Shape Outcomes: Timing, Cultural Awareness and Preparation

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Introduction - In this episode of the JAMS podcast, internationally renowned mediators Giuseppe De Palo and Tim Hardy explore how a mediator’s style, cultural awareness and strategic timing can meaningfully influence the...more

JAMS

Civility Signals Strength in ADR

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Over the years, alternative dispute resolution (ADR) has moved from the margins of legal practice to its center. According to the State of ADR 2026 report, commissioned by JAMS and conducted by Law.com, 99% of practitioners...more

Miles Mediation & Arbitration

When Catastrophic Injury Cases Should Be Mediated — and When They Should Wait

Catastrophic injury cases require a different level of care, strategy, and planning than standard personal injury claims. These cases often involve lifelong medical needs, permanent disability, significant wage loss, future...more

Offit Kurman

Building Sustainable Peace with Shalom Center's Father Patrick Devine

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The Sandwich Generation Survival Guide is honored to participate in this year’s Podcasthon with this special episode featuring Father Patrick Devine, a world-renown peace and conflict expert and the Executive International...more

Cooley LLP

Comparative Playbook: Navigating Conflicts in Delaware and Nevada

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Completing your initial public offering (IPO) is an exciting time, with capital inflows taking you to the next level. But if you are getting ready to go public – or recently closed your IPO – it is important to recognize the...more

JAMS

“The Rest of the Story”: A Master Class in Mediation

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In an age of entertainment news, compressed narratives and rushed judgments, the late radio broadcaster Paul Harvey offers an unexpected master class for mediators, advocates and decision-makers. Long before “storytelling”...more

Miles Mediation & Arbitration

Inside the Mind of Negotiators: Tips From a Mediator

Anytime I have tried to negotiate anything, be it the purchase of a car or house or a truce with my wife or kids, I always wished I could read the other person’s mind. Wouldn’t it be great if we knew from the get-go how much...more

Bowditch & Dewey

Parallel Parenting in High-Conflict Custody Matters

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Courts and family law professionals are increasingly recognizing that forced cooperation and “teamwork” where one or both parents are hostile or volatile can fuel family conflict rather than reduce it. Although research has...more

Blank Rome LLP

Protecting Your Family Matters: Winter 2026

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The Road to Change: How We Shape the Approach to Divorce - The decision to divorce, and the legal process that follows, can be a deeply personal and often overwhelming experience for anyone. Divorce can stem from an...more

Robins Kaplan LLP

Lessons Learned from Our Annual Seminar: Stewardship, Ethics, and Accountability

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At Robins Kaplan’s annual Fiduciary and Wealth Disputes Seminar “What Keeps Fiduciaries Up At Night?” attendees heard from John Taft, Vice Chair at Baird and a 40-year veteran of the financial services industry....more

Jaburg Wilk

The Eight Conversations Between You and Success

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The most expensive problems my clients face aren’t complex or sophisticated contract disputes. They’re conversations that never happened. The partner who should have been confronted about their underperformance three years...more

JAMS

Top 5 Takeaways From “Advanced Mediation Strategies for Handling the Toughest Situations”

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In a recent webinar, JAMS mediator and arbitrator Joseph Farina, Retired Judge, Eleventh Judicial Circuit of Florida, shared practical strategies for handling some of the toughest mediation challenges. With more than 30 years...more

Thomas Fox - Compliance Evangelist

Innovation in Compliance - Constructive Conversations: Insights with Nina Sunday

Innovation comes in many areas, and compliance professionals need to be ready for it and embrace it. Join Tom Fox, the Voice of Compliance, as he visits with top innovative minds, thinkers, and creators in the award-winning...more

Offit Kurman

Managing Conflict with Opposing Parties and Counsel in Family Law Cases

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Some lawyers adopt an aggressive stance as a deliberate strategy, believing it will secure better outcomes for their clients. Others may be combative by nature. It’s important to distinguish between tactical aggressiveness...more

JAMS

What Honeybees Have Taught Me About Dispute Resolution

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From stingers to settlements: Finding parallels between bees and the ADR process - Beekeeping is one of my hobbies when I’m not dedicating myself to dispute resolution. In my more than 10 years as a beekeeper, I’ve learned...more

Wenning Environmental

Applying the US Natural Resource Damage Assessment Framework to Post-Conflict Damage Assessment

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The United States and the European Union have legal tools to remedy damages to the environment. However, neither the U.S. nor the EU approaches explicitly address injuries and damages caused by armed conflict....more

Kilpatrick

6 Key Takeaways | Dynamic Thinking for an Interpersonal Edge | From Tension to Teamwork: Real Strategies for Legal Collaboration

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On May 22, 2025, Brodie Erwin (Raleigh litigator) and Colleen Bear (Senior Manager Talent Management and Coach) co-hosted Kilpatrick’s bi-monthly virtual roundtable discussion with in-house counsel. This month’s installment...more

Miles Mediation & Arbitration

Trust During the Mediation Process

Trust is an essential element of the mediation process. The whole point, of course, is to take two or more parties who have a dispute and help them reach an agreement. Because the process necessarily involves that dispute,...more

Jaburg Wilk

It’s So Important to Have Hard Conversations

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Many times, when a new client walks into my office, they’re avoiding something. Maybe it’s a tough conversation with a business partner, a challenging negotiation with a vendor, or that dreaded discussion about succession...more

Miles Mediation & Arbitration

Personality Types: Recognizing and Handling Six Different Types of Participants at Mediation

No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more

Offit Kurman

The Power of Lawyer Letters

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Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this week's episode of OK at Work as they delve into the topic of pre-litigation letters. They explore the different types of lawyer letters, such as demand...more

Miles Mediation & Arbitration

How Law Firms Can Avoid “Collaboration Drag”: The Keys to High-Quality Decision- Making

Although law firms recognize that collaboration is the key to effective decision-making, some firms have also realized that “collaboration drag”, attending too many meetings, seeking too much feedback from peers, unclear or...more

Bradley Arant Boult Cummings LLP

I’ll Cry if I Want To – But Taking Steps to Avoid Tears Is a Better Strategy for Private Company Business Partners

In recent years, the headlines have tracked the news of high-profile breakups among business partners in private companies. These business partner fallouts include: - 2023: Sam Altman was ousted as Open AI CEO (for...more

Mintz - ML Strategies

2024 Post-Election Analysis: Trade and Tariffs

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Trade Agenda for Donald Trump’s Second Term and the Role of the 119th Congress - Donald Trump's first term as president was defined by a protectionist trade policy focused on renegotiating trade agreements and imposing...more

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