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Settlement And Justice For All

Settlement And Justice For All

By Robert C. Bordone & Matthew J. Smith Recently the Justice Department announced that it had entered into a $2.3 billion settlement agreement with pharmaceutical colossus Pfizer, bringing to a close a four year investigation alleging that Pfizer had illegally marketed and promoted the painkiller Bextra as a remedy for conditions […]

 
 

Systems for Dealing with Conflict and Learning from Conflict—Options for Complaint-Handling: an Illustrative Case

Systems for Dealing with Conflict and Learning from Conflict—Options for Complaint-Handling: an Illustrative Case

By Brian Bloch, David Miller, and Mary Rowe The phone rings in the Ombuds Office[1]. A Ms. Lee is telephoning the ombudsman from far away. Lee is a department head in our organization who is temporarily assigned overseas. She says that a colleague, Ms. Dula, insisted that Ms. Lee call […]

 
 

Organizational Systems for Dealing with Conflict & Learning from Conflict

Introduction Click here to download the full article (pdf) Ideas about conflict are compelling topics for those of us who in work in organizations. We think about workplace justice, alternative vs. appropriate dispute resolution, and how to help leaders and teams deal effectively with the concerns and conflicts that preoccupy […]

 
 

Managing Cultural Differences In An International Organization Conflict Management System

David Miller, Staff Ombudsman, World Health Organization Click here to download the full article (pdf) Conflict management requires recognition that conflict is occurring. However, often there is no such recognition. Boundaries are often violated, behaviourally or verbally, by apparent abusers, harassers or aggressors unaware of the effects of their actions. […]

 
 

Creating a Faith-Based Conflict Management System

Brian Bloch Download the full article (pdf) Every organization has to deal with conflicts. Many deal with them on an ad hoc basis without articulating a standard way to process conflicts.  Few have gone to the extent of designing a conflict management system (CMS).  Faith-based organizations (FBOs) are no exception.  […]

 
 

An Organizational Ombuds Office In a System for Dealing with Conflict and Learning from Conflict, or “Conflict Management System”

Mary Rowe, PhD, Ombudsperson, MIT Download the full article (pdf) An Organizational Ombuds Office[1] can address conflicts and concerns, informally and confidentially, and in many ways. In addition an Ombuds Office may effectively complement the roles of all the other components in a conflict management system (CMS). In particular an […]

 
 

Power and Trust in Negotiation and Decision-Making: A Critical Evaluation

Power and Trust in Negotiation and Decision-Making: A Critical Evaluation

By Yan Ki Bonnie Cheng I. Introduction This paper critically evaluates the impact of power and trust on negotiation and decision-making.* “[A] basic fact about negotiation, which could well be easily forgotten, is that [one is] dealing not with abstract representatives of the ‘other side’, but with human beings.” It […]

 
 

Making Settlements Stick: How to Encourage Compliance with Mediated Agreements

Making Settlements Stick: How to Encourage Compliance with Mediated Agreements

By Stephanie Singer Even though mediated settlements often have the force of law behind them, no party wants to have to go to court or return to the negotiating table to enforce an agreement.There are a number of steps a mediator can take to encourage parties to honor their commitments, […]

 
 

Talking with the Taliban: Should the U.S. “Bargain with the Devil” in Afghanistan?

Talking with the Taliban: Should the U.S. “Bargain with the Devil” in Afghanistan?

Although the issue has not yet gained the prominence of its Iranian analogue, it is essential to begin conducting a sober analysis of whether the benefits of negotiating with the Taliban outweigh the costs. While there are many negotiations relevant to the Afghan War—between the U.S. and its NATO allies, […]

 
 

Two Legal Rivers Converge in Collaborative Law

By Michael Zeytoonian, Esq. & R. Paul Faxon, Esq. Transactional law, centered on structuring voluntary and private business deals, and civil litigation, involving legal disputes between parties who need the public courts to impose a judgment, occupy different worlds in the practice of law.  On those rare occasions that these […]