workplace dispute mediation

Thinking about using mediation to resolve your employment dispute without going through litigation first?

Michael Zeytoonian Employment Law, Mediation

Recently I got a call from a small business employer. He knew I was an employment lawyer and that I represent small, closely-held or family businesses and that I was also a mediator handling all kinds of business, workplace or community disputes. He had received a letter from a lawyer representing one of his employees alleging sexual harassment in the …

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Is an adversarial process our best and highest good? The case for early mediation

Michael Zeytoonian Dispute Resolution Resources, Mediation

Disputes are a part of life.  On all levels, in most relationships, we disagree about things. Disputes come up between spouses, siblings, parents & children, business partners, political parties/views, employers & employees, economic classes, races, genders, age groups, ethnic groups, religious denominations, and on and on.  Unless we are mindless clones or in a controlled society, conflict is normal and …

Massachusetts Bar Association’s Conflict Resolution Week & Day Celebration October 16-20

Michael Zeytoonian Collaborative Law, Dispute Resolution Resources, Mediation

An annual national tradition in the legal community is the celebration of “Conflict Resolution Week” (CRW) and “Conflict Resolution Day” (CRD) on the third week and the third Thursday of October respectively.  This tradition reportedly started here in New England by the New England Association for Conflict Resolution (NE-ACR).  It is a week and a day to shine a spotlight …

The Case for Early Mediation; Part II of II

Michael Zeytoonian Audio, Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR)

In our last blog post, the first in this two-part post about the case for early mediation, we discussed traditional, post-discovery mediation and its role as essentially an alternative to trial.  In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to …

The Case for Early Mediation; Part I of II

Michael Zeytoonian Audio, Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR)

Before We Talk About Mediation and the Value of Early Mediation, Let’s Start with Two Key Questions to Ask Yourself About Your Dispute: How quickly do you want to get your dispute resolved? Is most of the relevant information needed to resolve your dispute the kind that is (a) freely available or ascertainable and (b) are the parties willing and …

Resolving a Dispute is like Traveling…

Michael Zeytoonian Case Evaluation, Collaborative Law, Collaborative Processes, Dispute Resolution Resources, Mediation, Primary Dispute Resolution (PDR)

Resolving a Dispute is Like Traveling, Writing a Business Plan, or Choosing a Course of Medical Treatment: If you take the wrong road, you won’t get the result you want. My friend Liz Ferris, a marketing consultant who works with lawyers around the world, has often given us this simple but often overlooked advice: “If you want to achieve your …

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Active exchange on mediation and ADR at Suffolk Law School

Michael Zeytoonian Collaborative Law, Mediation, News Articles

Three experienced ADR practitioners recently joined Suffolk University School of Law Professor Ericka Gray for panel presentation on mediation and other forms of alternative dispute resolution (ADR) attended by second and third year Suffolk Law students.  The program is part of a series of presentations offered to the area law schools by the MBA’s ADR Committee. Christine Yurgelun, Jeffrey Stern …

Some food for thought over Labor Day weekend

Michael Zeytoonian Family Law and Divorce, Financial Considerations of Dispute Resolution, Mediation

Can you respond rationally to your dispute instead of emotionally? Fact: Over 95% of the cases filed in courts end up settling and never go to trial. If you know there is an overwhelming likelihood that your case will settle through negotiations or mediation – doesn’t it make sense to use a process designed to reach a settlement in a …

Problem solving – where special forces and dolphins find common ground

Michael Zeytoonian Mediation

Dolphins are natural problem solvers. The habits and intelligence of dolphins was the focus of a story in a recent issue of National Geographic (May 2015), and a photo in the story caught my attention. It pictured two bottlenose dolphins underwater off the Florida Keys. Each one had its snout in a rope handle at opposite ends of a PVC …

Legal disputes are parts of something greater

Michael Zeytoonian Collaborative Processes, Dispute Resolution Resources, Mediation, Preventive Law

What if we began to see disputes as a small part of something bigger? If we viewed them as a point along a spectrum with a greater continuum? If we placed the dispute within the context of one or more larger relationships? When we do this, we free ourselves to treat the dispute differently. This adjustment of our focus goes …