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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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Party-Directed Mediation: Facilitating Dialogue Between Individuals (3rd Edition, 2014) by Gregorio Billikopf

Party-Directed Mediation: Facilitating Dialogue Between Individuals (3rd Edition, 2014) by Gregorio Billikopf | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Party-Directed Mediation: Facilitating Dialogue Between Individuals (3rd Edition, 2014) by Gregorio Billikopf may be downloaded for free as a PDF file and printed. Instructions on how to distribute this book for free are found at the bottom of this page. If you have trouble printing any of the chapters, please let us know. This is a public service of the University of California.

 

 

Chapter 2 - Empathic Listening 
http://nature.berkeley.edu/ucce50/ag-labor/7conflict/02.pdf

 


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7 Warning Signs That You've Got a Highly Toxic Employee

7 Warning Signs That You've Got a Highly Toxic Employee | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
54 percent of good employees are more likely to quit when they work with a toxic employee. Don't let it happen to you.

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donhornsby's curator insight, June 19, 9:40 AM

(From the article): While no one can have a good attitude every single minute of every single day, toxic employees seem to have a bad attitude all day long. Not only that, but they are never truly happy until they put everyone else in a bad mood, too.

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Most HR Data Is Bad Data: but we don't believe it

Most HR Data Is Bad Data: but we don't believe it | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Unfortunately, we are mistaken. The research record reveals that neither you nor any of your peers are reliable raters of anyone. And as a result, virtually all of our people data is fatally flawed.
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Oregon man in possession of 13 million gallons of illicit rainwater sentenced to jail

Oregon man in possession of 13 million gallons of illicit rainwater sentenced to jail | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

Funny. I am from Chennai India where we have lot of water problems for domestic use and for agricultural use. In fact, we are advised to harvest rain water. I am unable to believe that such athing can happen . Viewers of  this article are also requested to visit this page to have a look on the comments received.

 

http://www.mnn.com/your-home/at-home/blogs/oregon-man-in-possession-of-13-million-gallons-of-illicit-rainwater-sentence

 

An Oregon resident with 3 massive man-made ponds on his property is sentenced to 30 days in jail after being found guilty (again) of collecting rainwater without a permit.

 

 

 I’ve taken a look at some mighty impressiverainwater collection systems in the past, but it appears that Gary Harrington, 64, takes the proverbial cake when it comes to hoarder-esque rainwater collection activities: over the years, the Oregon resident has built three massive reservoirs — in actuality, they’re more like proper man-made ponds — on his 170-acre property on Crowfoot Road in rural Eagle Point that hold roughly 13 million gallons of rainwater and snow runoff. That’s enough agua to fill about 20 Olympic-sized swimming pools.

Of course, it boggles the mind as to what a single man needs that much rainwater for. One would assume that Harrington is reusing it both for irrigation purposes and for non-potable indoor use as well, which, unlike in many states, is permitted in Oregon. But 13 million gallons? Apparently Harrington, who has stocked at least one of the reservoirs with largemouth bass and built docks around it, believes that his watery stash is a much-needed necessity when wildfires pop up in the area. “The fish and the docks are icing on the cake," Harrington tells the Medford Mail Tribune. "It's totally committed to fire suppression."

The bigger story here is that rainwater collection is indeed kosher in Oregon, provided that you’re capturing it from an artificial, impervious surface such as a rooftop with the assistance of rainwater barrels. But an extensive reservoir set-up complete with 10- and 20-foot-tall dams is verboten without the proper, state-issued water-right permits — after all, Oregon law dictates that water is a publicly owned resource — and Harrington did not possess said permits.

And so, after a protracted battle with Oregon’s Water Resources Department, Harrington was convicted of nine misdemeanors and sentenced to 30 days in jail, slapped with a $1,500 fine, and ordered to breach his dams and drain his ponds. After the sentencing in late July, Harrington surrendered himself to authorities late last week and began his stint at the Jackson County Jail.

 

Apparently, once upon a time, the state did indeed allow Harrington — code name: “Rain Man" — to collect water in his reservoirs. However, officials reversed their decision the same year, 2003, that the three permits were issued, citing a 1925 law that states the city of Medford holds all exclusive rights to "core sources of water" in the Big Butte Creek watershed and its tributaries.

Despite withdrawal of the permits, Harrington kept on defiantly collectin’ under the belief that the laws did not apply to his situation, adamant that the water was coming strictly from rain and snow melt and not from tributaries flowing into the Big Butte River as officials had claimed. Harrington tells CNSNews.com: "They issued me my permits. I had my permits in hand and they retracted them just arbitrarily, basically. They took them back and said, 'No, you can't have them.' So I've been fighting it ever since."

It gets even more messy with accusations of water diversion and a three-year bench probation issued against Harringon in 2007. In that case, Harrington plead guilty and agreed to open up the gates of his reservoirs only to close them back up again shortly thereafter.

Oregon Water Resources Department Deputy Director Tom Paul tells the Medford Mail Tribune: “Mr. Harrington has operated these three reservoirs in flagrant violation of Oregon law for more than a decade. What we're after is compliance with Oregon water law, regardless of what the public thinks of Mr. Harrington.”

 

 

Paul elaborates to CNSNews.com:

A very short period of time following the expiration of his probation, he once again closed the gates and re-filled the reservoirs. So, this has been going on for some time and I think frankly the court felt that Mr. Harrington was not getting the message and decided that they’d already given him probation once and required him to open the gates and he refilled his reservoirs and it was business as usual for him, so I think the court wanted — it felt it needed — to give a stiffer penalty to get Mr. Harrington’s attention.

Lots more on this unusual and dramatic, err, rainstorm of a case — a case that's morphed into a battle not so much over rainwater and reservoirs, but over property rights and government bullying — at the Medford Mail Tribune and CNSNews. You can also hear Harrington’s side of the case via a series of videos featuring legal advisor Dominic Notter and donate to his “get out of jail fund” over at www.empoweringthejury.com if you feel so inclined. The alleged wet bandit tells CNSNews.com: "When something is wrong, you just, as an American citizen, you have to put your foot down and say, ‘This is wrong; you just can’t take away anymore of my rights and from here on in, I’m going to fight it.”

Is Harrington deserved of his folk hero status? Or is he a straight-out theft? Lots of opinions on this one ... what's yours?


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Dorothy Retha Cook's curator insight, May 4, 12:18 PM

COLLECTING RAIN WATER WITHOUT A PERMIT IS A CRIME! WHEREBY A MAN DID 30 DAYS IN JAIL FOR BUT NC UBLIC SCHOOLS OFFICIALS HAVE NO LAWS ON THE BOOK WHEREBY THEY CAN BE CHARGED FOR TRUANCY BY THEM! NOW WHAT HAS COME OF THE U.S.A. HAS T GONE DOWN WHILE HARD UP ON PARENTS, GUARDIANS AND STUDENTS / CHILDREN!

Dorothy Retha Cook's curator insight, June 8, 6:59 AM

HAVE RAIN WATER SERVE TIME IN JAIL. NEXT THEY WILL BE CHARGING GOD FOR THE RAIN THAT FALL FROM THE SKY?  HOW MUCH TIME IN JAIL YOU THEY WILL SENTENSE GOD TO?  THEY ADDED WASTE WATER AND SEWER WATER BUT RAIN WATER HOW COULD THAT BE DOME MOW THE GOVERNMENT REGULATING GOD..

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How to Motivate Yourself When Your Boss Doesn’t

“Employees have more control than they realize over their ability to build and sustain motivation in the workplace,”
Rob Duke's insight:

I.D. your own motivators

Solicit feedback

Build a support system

Set reasonable goals

Use If/Then analysis

Don't dwell on mistakes

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An Organization-Wide Approach to Good Decision Making

An Organization-Wide Approach to Good Decision Making | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Behavioral economists and psychologists have uncovered scores of biases that undermine good decision-making. And, along with management experts, they have provided helpful tips that decision-makers can use to try to correct for those biases.

Via Richard Andrews, donhornsby
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donhornsby's curator insight, May 28, 9:56 AM

(From the article): Your teams are freed to focus on each element of this rational decision-making model and identify gaps in the quality of a decision. Instead of sticking to biases or getting mired in politics, people work to fill those gaps, with analytics providing a clear line of sight to the most value. Further, by satisfying all six elements of DQ, companies can recognize the quality of a decision as they make it, not just in hindsight. The result: far fewer failed strategies, far less wasted capital in investment decisions, and — to everyone’s great relief — fewer blame games and witch hunts.


The hard truth is we all leave a lot of value on the table – value that we could seize with better decisions. Doing so requires an organization-wide framework for making them.

Expressworks International's curator insight, May 29, 12:47 PM

Use of trusted third parties as honest brokers may help companies ensure that confirmation bias isn't part of the decision making process.

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10 Ways Children Of Divorce Love VERY Differently

10 Ways Children Of Divorce Love VERY Differently | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
So ... you're in love with a child of divorce, are you?
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Avoid Getting Screwed By The Arbitration Trap

Avoid Getting Screwed By The Arbitration Trap | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
More and more these days, consumers are being forced to sign Arbitration Agreements when they sign purchase agreements. There are numerous arguments against them but I’ll point out one thing: Arbitration is dangerously unpredictable and unfair.
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Feeling depressed? You probably aren’t getting enough sleep, study says

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How Companies Crush Women’s Ambitions

How Companies Crush Women’s Ambitions | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
After just two years on the job, women's desire to reach the top ranks of management and confidence in their ability plummets.
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To Win People Over, Speak to Their Wants and Needs

To Win People Over, Speak to Their Wants and Needs | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The same thing happens in business all the time. Whether you’re trying to get your team on board with a new way of working, asking investors to fund you, persuading customers to buy your product, or imploring the public to donate to your cause, your success depends on your ability to grasp the wants and needs of the people around you.
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The Necessary Art of Persuasion

The Necessary Art of Persuasion | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Gone are the command-and-control days of executives managing by decree. Today businesses are run largely by cross-functional teams of peers and populated by baby boomers and their Generation X offspring, who show little tolerance for unquestioned authority. Electronic communication and globalization have further eroded the traditional hierarchy, as ideas and people flow more freely than ever around organizations and as decisions get made closer to the markets. These fundamental changes, more than a decade in the making but now firmly part of the economic landscape, essentially come down to this: work today gets done in an environment where people don’t just ask What should I do? but Why should I do it?

To answer this why question effectively is to persuade.
Rob Duke's insight:

1. You need to be credible;

2. Find the common ground;

3. Provide evidence; and

4. Connect emotionally.

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Assessment: How Resilient Are You?

Assessment: How Resilient Are You? | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Answer these questions to see how you compare with others.
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The One Word Men Never See In Their Performance Reviews: "Abrasive"

The One Word Men Never See In Their Performance Reviews: "Abrasive" | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
There's one adjective that's never used to criticize men, yet it shows up at an alarming rate in women's performance reviews.
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6 Interview Questions You Must Ask if You Want to Hire the Best People

6 Interview Questions You Must Ask if You Want to Hire the Best People | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Toss the canned interview questions and try these instead.
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Dorothy Retha Cook's curator insight, June 10, 1:20 PM

GOOD TO KNOW TO MAKE SURE YOU QUALIFY FOR WHAT TEY ARE LOOKING FOR! GREAT SHARING!!  BETTER TO KNOW THAN NOT!

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8 Toxic Employees Who Ruin Great Companies

8 Toxic Employees Who Ruin Great Companies | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Oddly enough, it isn't the truly terrible employees who cause the real problems. Whether clearly incompetent or unbelievably lazy, they're easy to spot.

So although it's never fun to fire anyone, at least you know there's a problem--and you can quickly let the person go and move on.

The real problems are caused by employees who appear to be doing a satisfactory job but meanwhile act like what a friend once called an "insidious cancer," slowly destroying other employees' performance, attitude, and morale--and with it, your business.
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Win Community Approval for New Business Construction

Win Community Approval for New Business Construction | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Our polling also shows that those who are less educated, and less wealthy, and who live in rental housing, are more likely to support new development, but those supporters are less passionate than opponents and therefore are less likely to participate in the approval process.
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11 Simple Actions To Make Your Company More Socially Responsible

11 Simple Actions To Make Your Company More Socially Responsible | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

YEC (Young Entrepreneur Council) surveyed some more folks about the importance of companies being socially responsible. Here are the responses


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From Conflict Resolution to Strategic Peacebuilding [Full Episode]

From Conflict Resolution to Strategic Peacebuilding From Conflict Resolution to Strategic Peacebuilding From Conflict Resolution to Strategic Peacebuilding ...

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Cannabis Growing Cop Nets $200,000 From Buffalo Police Department

Cannabis Growing Cop Nets $200,000 From Buffalo Police Department | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
In March of 2012, Buffalo Police Officer Jorge L. Melendez was caught growing more than 1,000 marijuana plants in a warehouse he owns on South Park Avenue. He was fired in May of 2012, pleaded guilty in August of 2014 and was sentenced to five …
Rob Duke's insight:

Follow your procedures....a month's extra pay is nothing in the big scheme of things....

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Signs That You’re Being Too Stubborn

Signs That You’re Being Too Stubborn | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Stubbornness is the ugly side of perseverance. Those who exhibit this attribute cling to the notion that they’re passionate, decisive, full of conviction, and able to stand their ground — all of which are admirable leadership characteristics. Being stubborn isn’t always a bad thing. But if you’re standing your ground for the wrong reasons (e.g. you can’t stand to be wrong, you only want to do things your way), are you really doing the right thing?
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How companies motivate employees when there are no promotions to hand out

“If you’re going to promise people that if they work for you for three years they’re going to get promoted, you need to make sure that you need people at higher-level positions three years from now,” Powell says. “When you’re managing your workforce, you need to manage the careers of the workers themselves.”
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How to Show Trustworthiness in a Job Interview

How to Show Trustworthiness in a Job Interview | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Warmth signals that you have good intentions toward the perceiver, and competence signals that you can act on those good intentions. A warm and competent interviewee is a valuable potential ally. But a competent interviewee who doesn’t project warmth is a potentially formidable foe – the kind of person who may not be a team player, and who may cause trouble for you down the road.
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