Carol Whitworth signed a Sales Manager Employment Contract (“Employment Contract”) with McBride & Son on June 30, 2005.  The Employment Contract had a binding arbitration clause but did not describe the procedures or guidelines for arbitration.  The Employment Contract was also signed by the employer.  About one week later Whitworth was asked to complete an application for employment (“Application”).  The Application which was signed by Whitworth, but not by the employer, also contained…

(Originally posted at Absolution Mediation) 

So I have an idea…it’s not a new idea, but it is one that will help you learn more about people, glean more information about them, and to get them talking. You ready for it? Here it is…

Shut up!

(Originally posted at Absolution Mediation)

"to cause partiality or favortism in (a person); influence, especially unfairly."

April is National Stress Awareness month. The Texas Conflict Coach Blog Talk Radio show will focused on a number of topics dealing with stress, conflict and emotions.

Our April 5th show is Emotional Intelligence Skills for Today's Workplace - Part 1The…

(Originally Posted at EnjoyMediation)

As my credentials state, I am a International Mediation Institute (IMI) certified mediator. I beleive in the mission of IMI- to create a global certification scheme (administered by a…

I thought it might be of interest to members that pod casts of 82 sessions of the Australian National Mediation Conference - Adelaide 2010 are now uploaded onto the conference website. http://www.mediationconference.com.au/

Click on past conferences (Adelaide) or pod casts and papers and scroll down to the audio files.

Speakers include Justice Albie Sachs on the Process Architecture…

The USA show “Fairly Legal” is stirring up the mediation field. Whether you think it is a travesty of the professional mediation…

Episode #19

Mediator Quality

with Lisa Pomerantz

Join host Jeff Thompson and mediator/attorney Lisa Pomerantz as they discuss the findings and recommendations of the ABA Dispute Resolution Task Force on…

The International Ombudsman Association holds its sixth annual conference at the Hilton Portland & Executive Tower, April 1-6, 2011. Organizers expect the event will draw about 400 practitioners and others interested in the field.  Keynote speakers will be:

• Alicia C. Shepard, Ombudsman for National Public Radio…

If you happened to read The New York Times today (March 24, 2011) nestled in the Business Section were two articles related to arbitration. One article was “Sheen Loses Bid to Block Arbitration” and the other was “Chief of American Apparel Faces 2nd Harassment Suit.” The Sheen article related to none other than the American icon, Charlie Sheen. The news was that Judge Jacqueline A. Conner of Los Angeles Superior Court turned down a last-minute request for a temporary restraining order that…

In a Missouri Court of Appeals decision this week an arbitration provision was held to be unconscionable and unenforceable.  Manfredi v. Blue Cross and Blue Shield of Kansas City, No. WD71150 (Mo. App. W.D. 2011).  In this case Manfredi, a licensed chiropractor, entered into an Allied Provider Network Agreement (the “Agreement”) with Blue Cross and Blue Shield of Kansas City and its affiliates (“BCBS”).  The Agreement was on a form contract drafted by BCBS and presented to Manfredi on…

 ABA Section of Dispute Resolution Task Force on Improving Mediation Quality 

Hello Friends! If you get the chance, please click the link below.

Yesterday, I attended the State Bar of Michigan's annual ADR meeting.  The keynote speaker, Sharon Press of Hamline University School of Law, did a superb job with her current overview of the ADR profession and emerging developments.  She introduced a new concept for me of Mediation-Arbitration (Med-Arb) or Arbitration - Mediation (Arb-Med).  I will write more about these hybrid forms of NDR in a subsequent post.  I will add that her presentation was consistent with our CU education in terms…