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Labor: NLRB issues new guidance on at-will disclaimers

Labor: NLRB issues new guidance on at-will disclaimers | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, recently issued new guidance regarding at-will disclaimers in employee handbooks. The NLRB's Division of Advice considered at-will ...
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Alternative Dispute Resolution, Mediation, and Restorative Justice
Expanding the critical perspective of justice to suggest restorative processes and ADR as tools for reparation.
Curated by Rob Duke
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Researchers Identify Useful Negotiation Strategies for 'Honor Cultures' - Mediate.com

Researchers Identify Useful Negotiation Strategies for 'Honor Cultures' - Mediate.com | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
An interesting new research study explores the role of different cultures in negotiation.
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ADR in Action (Alternative Dispute Resolution) - YouTube

Chapter 9: ADR in Action. This video sets out an example of a typical mediation session. Mediation is often an appropriate choice in settling family-related ...
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City pays law firm $470,600 to fight police overtime lawsuit

City pays law firm $470,600 to fight police overtime lawsuit | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Paying employees overtime can be expensive. So can fighting it.
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6 Ways For Leaders To Make Their Messages Resonate

6 Ways For Leaders To Make Their Messages Resonate | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
When you're truly invested in your message, you don't have to shout.

Via Bobby Dillard, donhornsby
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donhornsby's curator insight, September 4, 9:41 AM

(From the article): To increase your chances of resonating, ask, "Is this the appropriate time to deliver this idea? Is there anything already being discussed that I can connect my own idea to in order to give it context?"


Your voice is your single greatest possession as a leader. It's what allows you to mobilize and direct your team, and ultimately it's how you build a body of work you can be proud of. If your work matters to you, make the effort to cultivate a voice that resonates, and you’ll find your influence multiplying in ways you never expected.

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'Deflategate': Tom Brady's 4-game suspension nullified - due process grounds

'Deflategate': Tom Brady's 4-game suspension nullified  - due process grounds | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
U.S. District Judge Richard Berman issued a 40-page ruling Thursday morning, saying he found "several significant legal deficiencies" in how NFL Commissioner Roger Goodell investigated accusations the Patriots used footballs inflated below league-mandated levels.

The NFL failed to give Brady proper notice he could be suspended, didn't provide him the opportunity to question one of the league's investigators and denied him equal access to investigative files, Berman wrote in his ruling.
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Nigeria Faces Another Long-Running Conflict Between Farmers and Herders in the ... - Atlanta Black Star

Nigeria Faces Another Long-Running Conflict Between Farmers and Herders in the ... - Atlanta Black Star | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
WASHINGTON - When people think of violence in Nigeria, They usually think of Boko Haram, the militant group terrorizes That share of the country's Northeast.

Via Grace Christian Kisame K, Jocelyn Stoller
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Jocelyn Stoller's curator insight, September 3, 3:28 AM

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Make Yourself Immune to Secondhand Stress

Make Yourself Immune to Secondhand Stress | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Keep your head when everyone else is losing theirs.
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3 Situations Where Leaders Should Keep Their Mouths Shut

3 Situations Where Leaders Should Keep Their Mouths Shut | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The toughest part of leadership is learning when to speak up, and when you to delegate to someone else.
Rob Duke's insight:

1. The problem isn't ready to elevate to the boss unless the employees have already identified a possible solutions.  You deny them the opportunity to solve problems and lead from their level if you take the problem on too quickly.  Furthermore, there are many positive functions for conflict within the organization (identifies intensities, allies, threats, creates cohesion, etc.) that you will miss if you step in too soon (see Lewis Coser's work for more on this);

2. When someone needs to vent, they may need your ear, but both of you should recognize that it's just venting and the problem isn't ready to rise to your level unless no. 1's conditions are met; and

3. When you don't have an answer: there's a reason to push decisions down to the level with the most information--that's where the solutions are more likely to be found.

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Get People to Listen to You When You’re Not Seen as an Expert

How to build your reputation.
Rob Duke's insight:

1. Borrow expertise from others (referrent);

2. Be strategic on how, when, where and with who you attempt to exercise the power of persuasion; and

3. Start creating knew knowledge now.

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MURIEL LESELBAUM's curator insight, September 1, 5:47 AM

Quelques conseils de bon sens qui permettent de réfléchir sur l'expertise telle qu'elle est perçue, très utile dans l'accompagnement au travail notamment pour les jeunes diplômés, qui démarrent leur vie professionnelle

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Hail and farewell to Professor Christie

Hail and farewell to Professor Christie | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Christie, professor emeritus of criminology at the University of Oslo, died in a cycling accident in Oslo on May 27, at the age of 87. He was active to the end and will be remembered for never hesitating to challenge authority or campaign for more humane narcotics policies and treatment of criminals.
Rob Duke's insight:

Correction: cycling accident.

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Helping people to help themselves

Helping people to help themselves | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Surrey county council is applying the principles of restorative justice to save money and turn residents' lives around. Ben Byrne explains how
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Let Your Employees Mix Business and Personal Time at Work

Let Your Employees Mix Business and Personal Time at Work | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Productivity rises when you let your workers take work time to deal with personal issues.
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How to Create a Happy Work Culture

How to Create a Happy Work Culture | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

Your company may have a fantastic product or service, but your business may still falter if there is a negative work environment. Most importantly, you personally must be happy and positive, and present yourself as such, if you want a positive culture in your company. As a leader, prepare yourself daily with positive “vibes” like good self-talk and listen to something motivating on the way to work. You can even think of whose day you will personally be cheering up at work.


Via Roger Francis, Aki Puustinen
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A full review of the National Labor Relations Board’s decision in NCAA v. Northwestern

A full review of the National Labor Relations Board’s decision in NCAA v. Northwestern | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Expert commentary and analysis of the latest legal issues and developments from the world of sport
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Primal Leadership: The Hidden Driver of Great Performance

Primal Leadership: The Hidden Driver of Great Performance | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
We found that of all the elements affecting bottom-line performance, the importance of the leader’s mood and its attendant behaviors are most surprising. That powerful pair set off a chain reaction: The leader’s mood and behaviors drive the moods and behaviors of everyone else. A cranky and ruthless boss creates a toxic organization filled with negative underachievers who ignore opportunities; an inspirational, inclusive leader spawns acolytes for whom any challenge is surmountable. The final link in the chain is performance: profit or loss.
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6 Things Terrible Bosses Do That Make Their Talented Employees Quit

6 Things Terrible Bosses Do That Make Their Talented Employees Quit | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

People do not quit from their jobs, they actually quit from their managers


Via Bobby Dillard
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Don’t Be Afraid of Workplace Violence — Be Proactive

Don’t Be Afraid of Workplace Violence — Be Proactive | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Workplace violence hits about half of all companies with more than 1,000 employees. Learning leaders can prepare their organizations for the worst case scenario.

Via Ron McIntyre
Rob Duke's insight:

The U.S. Post Office mediation program has reduced workplace violence and this same tactic can work elsewhere.

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Ron McIntyre's curator insight, September 4, 2:11 PM

Excellent article on Safety Training to combat workplace violence. Great insights and ideas worth reading.

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Kim Davis, Kentucky clerk who defied Supreme Court same-sex marriage ruling, jailed

Kim Davis, Kentucky clerk who defied Supreme Court same-sex marriage ruling, jailed | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
County clerk has repeatedly defied court orders by refusing to issue same-sex marriage licenses
Rob Duke's insight:

The Constitutional Argument for public policy, developed by James Buchanan (1986) states that if better institutions don't arise, then these are the best ones available.  Despite the tautological nature of that statement, Buchanan devises a way to judge the political processes and if open and representative, you can judge some level of logic that this must be the best idea that's so far been uncovered. 

 

Buchanan, James, Rights, Efficiency, and Exchange: the irrelevance of transaction costs, p. 97-102, in Liberty, Market, and State: Political Economy in the 1980's, Brighton: Wheatsheaf. 1986.

 

Also, see:

Brooks, Michael, Heijdra, Ben J. and Lowenberg, Anton D., Productive versus Unproductive Labor and Rent-Seeking: Lessons from history, Journal of Institutional and Theoretical Economics (JITE), Vol. 146, No. 3, (Sept. 1990), pp. 419-438. 

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Reputation and Its Risks

Reputation and Its Risks | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Identify, Quantify, marriages and the Risks to your company? S reputation long before a problem or crisis strikes.

Via Scott McElreath, Jocelyn Stoller
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Jocelyn Stoller's curator insight, September 3, 3:32 AM

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2ND CHANCES: Misdemeanor diversion program expands to adults

DURHAM — A new program is being launched to give second chances to people facing misdemeanor charges in the city and county of Durham.

The Durham Adult Misdemeanor Diversion Program will be offered to adults age 18 to 21 and is based on an already existing program geared towards 16 and 17-year-olds. However, both programs are only offered to first-time offenders who commit non-violent misdemeanors.
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A serial killer’s daughter: restoring the families of the offender

A serial killer’s daughter: restoring the families of the offender | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
I've created a whole network of people like me - daughters, sons, siblings, parents and grandparents of serial killers. So far, I have had direct contact with more than 300 people like this - we are an underground community.
Recently I was contacted by the mother of two young girls, whose father was a serial killer who had been all over the papers in Europe. One of these girls was so depressed she was thinking of suicide. I asked my network to write letters to the girls, to let them know it gets better in time.
And it does. All these people have their own story, and each of them is on his or her own journey of recovery. But there are some emotions and processes we all go through. We all have a period of denial, we all ride that pendulum of shock and grief. Then comes the anger.
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In memory of Nils Christie, 1928-2015 | Prison Policy Initiative

In memory of Nils Christie, 1928-2015 | Prison Policy Initiative | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Nils Christie, the world-renowned criminologist, a member of the Prison Policy Initiative advisory board, and one of my personal inspirations, passed away on May 27 ...
Rob Duke's insight:

The best legacy of his work: see the end of the article for reviews of his major books.

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Nils Christie's Legacy | Criminology in Europe

Nils Christie's Legacy | Criminology in Europe | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
In the first place is the invention of Conflict Resolution Boards. Through this mechanism, conflicts which contain elements of "crime" (Nils did not like that word) are brought back to those who own them; that is, they are pulled out of the hands of lawyers and criminal justice agencies. In Conflict Resolution Boards, the conflicts are (ideally) transformed into discussions between human beings, where solutions are found. Conflict Resolution Boards represent a long history. Nils Christie is by far the most important inventor in question.

Secondly, he invented the "importation model" in criminal policy. The "importation model" is even more representative of Nils Christie' ability to think of extraordinary ways of doing things. In earlier times, specialists like medical doctors, teachers, social workers and others were employed directly by the prison system or the prison governor. Christie's idea – his invention – was to employ these individuals quite differently. He proposed to employ them outside the prison system, and import them from the outside and into the prison system.  The aim was to avoid at least some of the pressure of loyalties brought to bear on medical personnel, teachers and others from those within the prison system.
Rob Duke's insight:

Terribly sad to learn of Prof. Christie's death in an auto crash...

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7 Times to Shut Down a Price Negotiation & More Sales Articles You Might've Missed This Week

7 Times to Shut Down a Price Negotiation & More Sales Articles You Might've Missed This Week | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Sell first, negotiate second -- never the other way around.
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5 Ways to Handle a High Pressure Meeting

5 Ways to Handle a High Pressure Meeting | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The simplest meeting can turn into a high-pressure situation. A few simple techniques can help you keep control and moving towards a successful resolution.

Via donhornsby
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donhornsby's curator insight, August 26, 11:03 AM

(From the article): Master these methods to give you more control in your meetings, especially when the stakes are high.

Mark Wilhelms's curator insight, August 26, 12:12 PM

I would add "Learn to Read the Room" and recognize the audience needs and challenges before speaking...look for the guy who will give you the most trouble and win him over first.  Otherwise nice read and if you master these other items, you'll have more control in your meetings, especially when the stakes are high.