A Private Path to Appellate Arbitration
Lawyers and their clients sometimes recoil from agreeing to an arbitration clause because there is no appeal from the arbitrator’s decision. No matter how wrong or, indeed, stupid, the arbitrator’s decision is binding on the parties as to the facts and law, so long as it was arrived at honestly.
Mediation at Work
Many people see mediation only as a formal process that occurs outside of the workplace once a problem is deemed irresolvable from the inside. I believe, however, there is something quite interesting to say about the value of mediation and conflict resolution skills in the day-to-day, in any given workplace.
Knowing When to Get Help With Organizational Conflict
It’s easy to recognize the need for help with conflict when people are arguing a lot, and those arguments are escalating. It’s harder to recognize when conflict is not visibly escalating. Then you need to recognize destructive conflict by its indirect consequences such as low productivity, falling morale, high turnover, escalating grievances, missed deadlines, and poor work quality. In these cases, three warning signs can alert you to the need for intervention: Decisions Don’t Stick, Silos and Empires, and Unproductive Meetings.
The Mediation Process at TMG
The precise conduct of a mediation is influenced by a number of factors, including the personal style of the individual mediator, the relationships among parties and counsel, and the nature of the conflict itself. Despite the uniqueness of each case, however, typically parties to a mediation at TMG can expect the following general process: