Alternative Dispute Resolution, Mediation, and Restorative Justice
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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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Five More Rules For Negotiating Like A Pro

Five More Rules For Negotiating Like A Pro | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Five More Rules For Like A Pro http://t.co/81KEemGl...
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Restorative and Transformative Justice in Action: August 17 Gathering

Restorative and Transformative Justice in Action: August 17 Gathering | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Over the past few years, a number of individuals and organizations have begun to apply restorative and transformative justice practices in schools, jails, prisons, community centers, and local communities.
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Four ways social media could transform conflict in Africa - CNN (blog)

Four ways social media could transform conflict in Africa - CNN (blog) | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Four ways social media could transform conflict in AfricaCNN (blog)Gabrielle Ramaiah is a Ph.D. student in Government at Harvard University. Jason Warner is a Ph.D. student in African Studies and Government at Harvard University.
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The Conflict Resolution Toolbox - Models and Maps for Analyzing ...

The Conflict Resolution Toolbox - Models and Maps for Analyzing ... | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
This book bridges the gap between theory and practice and goes beyond just one single model to present a complete toolbox - a range of models that can be used to analyze, diagnose, and resolve conflict in any situation.
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Restorative justice meeting brings emotions, talk of forgiveness to...

Restorative justice meeting brings emotions, talk of forgiveness to... | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A restorative justice meeting regarding last fall's desecration of the Hurley Cemetery brought discussion of forgiveness and discipline, a look at interagency communication and heated emotions to the Hurley Community Center on Thursday.
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Maria Osornio's comment, July 17, 2012 5:28 PM
As I read this article, I came to realize everyone goes through different steps of emotions at different times when it comes to forgiveness. It is just like when a family member passes away. Some siblings can’t seem to get over the fact they are deceased and don’t want to accept this downfall. Yet, other siblings are ready to move on and realize nothing they do or say will bring that family member back to life. Forgiveness is a big word that is not easily accepted when someone has done wrong to one self. In this article, the teacher felt the students were already paying for their mistakes. Yet, some of the victims were not ready to forgive and felt these offenders needed to do more within the community in order for these offenders to realize what they had done had truly hurt so many people emotionally. Sometimes victims are not ready to move forward and definitely need the extra support to overcome this boundary. Offenders also need to understand that it is not enough to say, “I’m sorry!”, and expect for the victim to forgive.
Rob Duke's comment, July 22, 2012 2:53 PM
The human brain is very complex. I heard a story of a man whose wife died, but who seemed to adjust very well. However, he carried the wife's pet hamster with him and would pet it whenever talking about his wife. After several months, the hamster died and the man had a nervous breakdown. Sometimes it hard to tell who has a hamster.
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Pay Negotiation Tactics : Resignation

Threatening to resign isn't a good negotiation strategy unless you really are fed up.  Even then, negotiating while fed up is probably not the best strategy either.  Better to use a third party to mediate.

 

My dad owned a business that he had purchased from the long time owner.  A critical employee came in a week or so after the old boss had retired and demanded a pay raise or else.  So dad calls the old boss who advised to meet the wage demand and then retrain someone to share the duties with the critical employee (he also advised to fire the critical employee when this was accomplished, which dad didn't do--the retraining had sent the message that was needed).

 

So, be careful, this tactic can backfire (as the author also acknowledges).

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The art of negotiation - by Cody Hodge - Helium

These are some good negotiation tips, but I'd recommend that you place finding common interests at the top of the list.  Once you understand the oppositions' interests, you have a much better shot of making them your collaborators.

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Lori Jo's comment, July 15, 2012 9:34 PM
I like the poker analogy in this article. Everyone in negotiation wants the best they can get. It's up to the mediator to stay neutral and keep things fair. It's a game, really. You have to stay sharp or everyone loses.
Rob Duke's comment, July 22, 2012 2:55 PM
Does the mediator not have an obligation to make sure that neither side takes advantage of one another? We discussed this in the seminar in May and I was never convinced that a mediator should stand quietly by while one party takes advantage of another.
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Use of Medicare Set-Asides in Mediation Will be Topic at Work Comp Conference - Live Insurance News

Use of Medicare Set-Asides in Mediation Will be Topic at Work Comp Conference - Live Insurance News | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Use of Medicare Set-Asides in Mediation Will be Topic at Work Comp ConferenceLive Insurance NewsOrlando, FL, July 14, 2012 –(PR.com)– Audience members will receive some real-life lessons on settling a workers' compensation or liability claim when ...
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The Pervocracy: This is what negotiation looks like.

The Pervocracy: This is what negotiation looks like. | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

More fun you can have with negotiation!  If we bump this up to relationship counseling then we would have mediation; and, if we were breaking up/splitting up property, we might be in arbitration.

 

This is a little off-the-wall as examples go, but I hope it helps differentiate the differences between some of the ADR tools.

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The Art of Being Unreasonable Offers Superb Leadership Lessons

The Art of Being Unreasonable Offers Superb Leadership Lessons | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
New York City mayor Michael Bloomberg stated in the foreword for Eli Broad's new book, The Art of Being Unreasonable: Lessons In Unconventional Thinking, that.
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Qatar arbitration centre adopts new rules - Gulf Times

Qatar arbitration centre adopts new rules - Gulf Times | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Gulf TimesQatar arbitration centre adopts new rulesGulf TimesFormal arbitration proceedings as a means of dispute resolution have in recent years become increasingly popular for parties contracting in Qatar.
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National Labor Relations Board Finds Off-Duty Access Policy Violates Workers’ Rights: Labor and Employment Law, School Law, Lawyers, Attorneys, Franczek Radelet

RT @jeffreysnowak: National Labor Relations Board Finds Off-Duty Access Policy Violates Workers’ Rights: http://t.co/bQOICCcB #emplaw #nlrb #labor...
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Arbitrator in teacher talks knows his way around the hot seat - Chicago Sun-Times

Arbitrator in teacher talks knows his way around the hot seat - Chicago Sun-Times | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Edwin Howard Benn, potential broker of peace between Chicago Public Schools and the Chicago Teachers Union, has been in the proverbial line of fire before.
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A Surprising Negotiation Tactic That Works - Fox Business

A Surprising Negotiation Tactic That Works - Fox Business | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A Surprising Negotiation Tactic That WorksFox BusinessNext time you are locked in a fierce negotiation, whether it's over a salary, a house sale or a business deal, it may not be a bad idea to make a few subtle, or even overt, threats, new research...
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Oslo Massacre July 2011 – Nils Christie

Here's an article about one of the great living criminologists and supporter of Restorative Justice.
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» National Labor Relations Board says most company’s social media policies are unlawful

» National Labor Relations Board says most company’s social media policies are unlawful | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The National Labor Relations Board takes a sledgehammer to what most companies (even companies that are experts on social media) believe they can restrict on social media sites.
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The Conflict Consumer: Know your Audience

The Conflict Consumer: Know your Audience | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Recently I have been writing/developing what I am calling “The SSBCC for Peace Framework.”  It  aims to be comprehensive yet simple and user friendly method which  shows the integration...
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Transgender Issues in the Workplace

Transgender Issues in the Workplace:EEOCLIVE 05/27/10 10:22AM recorded on USTREAM.
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Get the Salary You Want - Management Tip of the Day - July 13, 2012 - Harvard Business Review

Get the Salary You Want - Management Tip of the Day - July 13, 2012 - Harvard Business Review | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Negotiating a salary can be an uncomfortable process. You want to get
what you're worth, but you also don't want to scare off your future employer.
Prepare for your next talk by doing the...
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Maria Osornio's comment, July 17, 2012 6:25 PM
Reading this article gave me good pointers to use when I graduate from college. My last paid position was twelve years ago and since then have been a stay at home mom. It is scary to go back into the employment force and not be sure what you are worth. Clearly, we should not only focus on pay but what other incentives the company can offer us. There is not point in having a high paying job when you are miserable doing it.Certainly, implementing these tips the author has mentioned will bring about a better informed future employee. For example, executing research on the company will familiarize the person with knowledge someone else might not have.
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Credit card debt Consolidation As opposed to Credit card debt Negotiation

Credit card debt Consolidation As opposed to Credit card debt Negotiation Article by Jon Vegga Credit card debt Consolidation As opposed to Credit card debt Negotiation – Webmasters Search by [...]...
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Managing Contractual Claims

Managing Contractual Claims | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

This is in Dubai, but it's some valuable training in contract management and dispute resolution.

 

As always, it's best to spell out the product and quality expected, deadlines, procedures, etc. in the contract and to have set out specific ADR principles in the contract (not just an arbitration clause).  That sets one up to be able to use ADR to negotiate oneself out of these disputes or, failing that, schedule mediation.  For both sides, it's important to recognize the conjunctive interest to resolve disputes quickly in order to save both sides money.  The verticle system (including courts and arbitration) rob projects of excess value.

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Allysia Finley: How Insider Politics Saved California's Train to Nowhere

Allysia Finley: How Insider Politics Saved California's Train to Nowhere | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

The way the California Environmental Quality Act is administered sets up these projects to be held up in the courts.  This results in a "let's make a deal" attitude from both sides at the end game.  This may benefit the public, but often does not include a public component when deals are cut outside of the public meetings (outside court, etc.).

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New EEOC Enforcement Guidance Regarding Employer Use Of Arrest And Conviction Records

New EEOC Enforcement Guidance Regarding Employer Use Of Arrest And Conviction Records | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Employers who consider arrest and conviction records when making employment decisions should be aware that the Equal Employment Opportunity Commission (the "EEOC") has issued new enforcement guidance regarding the issue.
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Maria Osornio's comment, July 17, 2012 5:59 PM
Though this guidance should be enforced by all employers, I truly believe not all employers will follow it. A person can apply for several positions in different locations and not realize they were discriminated because of prior arrest or conviction records. Unless, the prospective employee is aware of all those that applied for the position, they might think they were not hired due to not having the qualifications for the job. I don’t believe all prospective employees are even aware of this guidance. Just curious if those working in the justice system that come in contact with offenders ever mention to this guidance to them? I believe those working in probation and parole should definitely make ex-offenders aware of this law.
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Mediation in Syria allows civilians to leave besieged Homs : News ...

The civilians, who are mostly members of the country's Christian minority, were allowed to leave as a result of mediation conducted by a Committee for Reconciliation, which is working to prevent the spread of bloodshed in ...
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