Archive for February, 2007


How to Minimize Conflict in the Business Environment

Do you want to prevent or minimize conflict in a corporate/business setting? It’s really very straightforward. All you need do is increase the quality, clarity and frequency of communication, making it integrated, effective and consistent. How do you do that? Improve yourself. YOU ARE THE COMMUNICATION. There can be no separation between who you are, […]

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Initial Those Arbitration Provisions

Whether or not the Federal Arbitration Act preempted Code of Civil Procedure section 1298.7 relating to construction defect litigation, and whether or not sufficient interstate commerce existed for such preemption were integral issues in Edward D. Basura, Jr., et al., vs. U.S. Home Corporation, (Case No. B151131, Second District Court of Appeal, filed May 31, […]

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Are Contractual Waivers of Class Actions Valid in Arbitration Provisions?

How would you react if, six years after you entered into a credit card agreement, the credit card company took the position that, based upon its one-sided purported amendment, you (the consumer) not only had waived your right to a jury trial but also to your right to institute a class or representative action against […]

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Avoiding Hobson’s choice in Mediation: Five Proven Strategies

The decision to mediate was an easy choice. It was faster, more expedient and less expensive then going to trial, and the upcoming mediation seemed to portend a positive result. Our hypothetical 5-year litigator has spent hours reviewing the case, both alone and with his client. He seems to have the “right” amount of client […]

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Does Duality Precede Conflict Resolution?

When I think about what causes “conflict” to occur, I am reminded of the duality that is inherent in our world. For example, duality may be illustrated by day and night, male and female, black and white, positive and negative, front and back, high and low, up and down, sun and moon, summer and winter, […]

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