tag:blogger.com,1999:blog-54945022012-01-20T13:10:51.356-05:00The world of Alternative Dispute Resolution brought home to you.J. Marshall Wolmannoreply@blogger.comBlogger181100tag:blogger.com,1999:blog-5494502.post-1129056590105954842005-10-11T14:44:00.000-04:002005-10-11T15:14:17.876-04:00

The article below was submitted pursuant to a call by the ABA's The Young Lawyer for submission on the topic of convincing clients to use ADR. TYL recently decided not to publish on the topic--I am printing it below:You are on the front lines of dispute resolution. Experienced lawyers generally think of themselves as dispute resolution professionals – capable of providing a full range of advice

J. Marshall Wolmannoreply@blogger.com54tag:blogger.com,1999:blog-5494502.post-1094826133314081542004-09-10T10:22:00.000-04:002004-09-10T10:22:13.313-04:00

I have taken several mediation courses, though I will confess that I have not studied divorce mediation. However, I do have it on pretty good authority that no matter how much you may dislike the participants, shooting them is not a recommended means of breaking impasse. I think it fair to say that we have all had mediations from which we leave hoping that BOTH parties lose in their subsequent

J. Marshall Wolmannoreply@blogger.com6tag:blogger.com,1999:blog-5494502.post-1094220345592258112004-09-03T09:39:00.000-04:002004-09-03T10:05:45.593-04:00

Nutshell scenario in Global Travel Marketing v. Shea: 11 y.o. child mauled by hyena while on safari with mother in Botswana. Wrongful death suit filed by father as personal representative of the estate. Mother had signed arbitration agreement on behalf of child. Lower court said it was binding; appellate court said Florida law prohibited parents from signing away the rights of a child. Case

J. Marshall Wolmannoreply@blogger.com1tag:blogger.com,1999:blog-5494502.post-1094149732241588492004-09-02T14:09:00.000-04:002004-09-02T14:28:52.243-04:00

Upon reflection, no pun was intended by the title of this post. I am writing about the current hostage situation in Northern Ossetia, Russa, where Chechnyan terrorists have taken several hundred schoolchildren hostage at gunpoint and under fear of mass explosives. Like many of you, I read Getting to Yes and Getting Past No, but they don't provide explicit advice for either party in a situation

J. Marshall Wolmannoreply@blogger.com5tag:blogger.com,1999:blog-5494502.post-1093964941887322212004-08-31T10:42:00.000-04:002004-08-31T11:09:01.886-04:00

The article to which I linked does not bode well for society. Apparently, we live in a world where a nine year old knows how to burn down a house of worship and has access to the means to do so. Fortunately, the child was caught in the act. For a while now, I have been a mediator for juvenile crimes. Children have special protection under the law precisely because they have difficulties

J. Marshall Wolmannoreply@blogger.com1tag:blogger.com,1999:blog-5494502.post-1093615497480109472004-08-27T09:48:00.000-04:002004-08-27T10:04:57.480-04:00

I came across the above article and found it rather distressing. In common parlance, settled and resolved have the same effective meaning--the proceedings are concluded and there has been a final decision on the rights and liabilities of the parties. This article pays no heed to that understanding. The plaintiffs in that case sued a crematorium for improper handling of their loved ones'

J. Marshall Wolmannoreply@blogger.com3tag:blogger.com,1999:blog-5494502.post-1093528660970023652004-08-26T09:23:00.000-04:002004-08-26T09:57:40.970-04:00

First, let me disclaim that this is not an argument over which is better, Krispy Kreme or Duncan Donuts. We all know the merits of Duncan Donuts coffee and its wide selection and there's much to be said for a fresh, hot Krispy Kreme doughnut melting in your mouth. Rather, the linked article inspired me to think on inner conflict. As the article indicates, low-carb diets have cut into the

J. Marshall Wolmannoreply@blogger.com1tag:blogger.com,1999:blog-5494502.post-1093444171043885152004-08-25T09:59:00.001-04:002004-08-25T13:58:20.483-04:00

I'll admit that I know very little about the Court of Arbitration for Sport. It is interesting to me to see how well regulated international competitive sports has become. Don't get me wrong, I feel bad for Yang Tae Young--no one denies that he was underscored and that had it been properly scored, ceteris paribus, he would have beaten Paul Hamm for the Men's All-Around Olympic Gymnastics Gold

J. Marshall Wolmannoreply@blogger.com3tag:blogger.com,1999:blog-5494502.post-1093372216623678932004-08-24T14:18:00.000-04:002004-08-24T14:30:16.623-04:00

I came across this article today and thought that it was interesting in a few respects. Not that binding arbitration was ordered--that I learned from Robert Hebdon at Cornell University when I studied Public Sector Collective Bargaining. Rather the quote "The employment relations board's executive director, James R. Edgar, said yesterday that the decision to send out the list of nine names

J. Marshall Wolmannoreply@blogger.com2tag:blogger.com,1999:blog-5494502.post-1093371272673920032004-08-24T14:03:00.000-04:002004-08-24T14:14:46.870-04:00

After having been less than attentive to this site, I have decided that a blog unused is worse than a non-existent blog. And it should be much more useful now that I have enabled comments. The irony is that the impetus came from a disagreement as to the nature and purpose of a discussion group among dispute resolution professionals. Some felt it should be for announcements only, some felt it

J. Marshall Wolmannoreply@blogger.com2tag:blogger.com,1999:blog-5494502.post-1093369611279498022004-08-24T13:46:00.000-04:002004-08-24T13:47:00.956-04:00

This is a test to see if new posting and commenting can work.

J. Marshall Wolmannoreply@blogger.com3tag:blogger.com,1999:blog-5494502.post-1068848219761827172003-11-14T17:16:00.000-05:002003-11-14T17:17:19.903-05:00

This month, the non-profit Center for Dispute Settlement unveiled a new look for its website. It underwent a complete redesign by a Web Designer I recommended (she happens to be a personal friend as well as very qualified), Ms. Zoe Fraade-Blanar.

J. Marshall Wolmannoreply@blogger.com0tag:blogger.com,1999:blog-5494502.post-1068847984768725072003-11-14T17:13:00.000-05:002003-11-14T17:13:42.670-05:00

Every so often, I come across a comic strip that pertains to my profession, i.e. conflict resolution. This past summer, two very different ones caught my attention. The first was by Wiley Miller in Non Sequitur. In the single-panel drawing, there are three people sitting around a table. It is entitled "The Magic of Mediation" and the person in the middle, presumably the mediator, is stating "

J. Marshall Wolmannoreply@blogger.com0tag:blogger.com,1999:blog-5494502.post-1068844989651509552003-11-14T16:23:00.000-05:002003-11-14T16:23:29.606-05:00

JAMS and ADR Associates formally announced on Friday, November 14, 2003, that they will be merged as of January 1, 2004.

J. Marshall Wolmannoreply@blogger.com0tag:blogger.com,1999:blog-5494502.post-1068844167456740202003-11-14T16:09:00.000-05:002003-11-14T16:17:53.106-05:00

Some of you may remember Monty Python's classic The Argument Clinic. Below is my argument for a good argument, originally appearing in the Autumn 2003 Newsletter of the DC Chapter of ACR. I love a good argument. Those of you who know me well will find it hard to disagree. And if you do disagree, well, we'll just see about that. Usually, the source for disagreement is well meaning. In

J. Marshall Wolmannoreply@blogger.com0tag:blogger.com,1999:blog-5494502.post-1056127195265024392003-06-20T12:39:00.000-04:002003-06-20T13:07:27.506-04:00

One of the hallmarks of mediation and similar ADR processes is the confidential nature of the proceeding. Different mediation providers use different language, but all essentially provide that what you say in mediation stays in mediation. Section 8 of the Uniform Mediation Act addresses the subject as follows: SECTION 8. CONFIDENTIALITY. Unless subject to the [insert statutory references to

J. Marshall Wolmannoreply@blogger.com0tag:blogger.com,1999:blog-5494502.post-1056051918537155852003-06-19T15:45:00.000-04:002003-06-19T15:47:38.856-04:00

I was at a comedy show on Monday night at SoHo Tea & Coffee in Washington, DC, hosted by a friend of mine, Paul Schorsh, who works at the DC Improv. A horrible pun came to me (see title) and engendered the following, which is forthcoming in the Summer 2003 newsletter for the DC Chapter of the Association for Conflict Resolution: Abbott & Costello, Laurel & Hardy, Lewis & Martin, The Smothers

J. Marshall Wolmannoreply@blogger.com1tag:blogger.com,1999:blog-5494502.post-1056049822905570802003-06-19T15:10:00.000-04:002003-06-20T17:19:12.233-04:00

I, being the J. Marshall Wolman referenced, am an associate at the ADR firm of ADR Associates, LLC. If you would like to find out a bit about my own professional background, please click here. In a nutshell, the world of ADR comprises a group of processes designed to facilitate conflict resolution. As I tend to describe it to my friends, ADR is "arbitration, mediation, that sort of thing." I

J. Marshall Wolmannoreply@blogger.com0