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interest based negotiation

Getting More Cake Through Interest-Based Negotiations

January 28, 2021
Colleen L. Byers
Mediation & Arbitration Blog
There was one piece of birthday cake left. The newly minted 6-year-old felt entitled to that piece of cake. After all, it was HER birthday. Her 3-year-old sister was thoroughly unmoved by any sense of rights or entitlement. She wanted to be a part of anything her sister did. She wanted to belong rather than feeling left out. Indignant cries of “it’s not fair!” would echo throughout the house if she didn’t get any of that last piece of birthday cake when her sister did.

N.C. Mediations to be Conducted Remotely by Default

June 12, 2020
Colleen L. Byers
Mediation & Arbitration Blog COVID-19 Legal Insights
The Supreme Court of North Carolina recently issued an order, dated June 3, 2020, amending the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions. The order requires all mediations to be conducted through the use of remote technology (ie: by telephone, videoconference, or other electronic means) except by (1) court order, or (2) agreement of all parties and persons required to attend and the mediator to (a) an in-person mediation, and (b) compliance with all federal, state, and local safety guidelines that have been issued.
Online Dispute Resolution

Three Online Dispute Resolution (ODR) Options During the COVID-19 Crisis

April 3, 2020
Colleen L. Byers
COVID-19 Legal Insights Mediation & Arbitration Blog
Given the COVID-19 crisis, North Carolina Chief Supreme Court Justice Beasley continued all Superior Court and District Court proceedings (with a few exceptions) until June 1. The Chief Justice and the North Carolina Dispute Resolution Commission (DRC) have further clarified that mediations fall within the definition of proceedings and are, therefore, also postponed. County Clerks of Court throughout North Carolina are postponing hearings and proceedings for varying lengths of time. North Carolina Appellate Court deadlines have now also been extended. Yet, legal disputes continue to arise. 
Colleen Byers Jason James mediation presentation

Colleen Byers and Jason James to Present "Effective Advocacy in Mediation and Arbitration"

June 13, 2019
Mediation & Arbitration Blog Firm News
Colleen Byers and Jason James, both attorneys and mediators at Bell, Davis & Pitt, will present on "Effective Advocacy in Mediation and Arbitration" to Forsyth County Bar Association members on Monday, July 8. Attendees will receive a 1-hour Continuing Legal Education (CLE) credit.  This session will explore how to make the most of mediation and arbitration on behalf of your clients, including:

Colleen Byers to Present "Practical Techniques for Being the Calm within the Storm"

May 23, 2019
Mediation & Arbitration Blog Firm News
Bell, Davis & Pitt attorney Colleen Byers will present on “Practical Techniques for Being the Calm within the Storm,” as well as lead a Yoga for Lawyers session, at the NC Bar Association's Collaborative Practice Continuing Legal Education (CLE) conference, being held June 19–20 in Asheville.  During her presentation, Colleen will share techniques for:
Marc Gustafson Employment Law Mediator

Full-Time Mediator Should Not Be a Retirement Plan

April 30, 2019
Marc E. Gustafson
Mediation & Arbitration Blog
I’ve heard from fellow lawyers more than a few times: “I’m just going to get my mediation certification so I can start building my mediation practice for when I’m ready to slow down.”  Having mediated for a few years now, these statements make my skin crawl. Being a mediator is often thought of as just that.  A nice way to transition out of an active litigation process and toward retirement.  Or, said another way, slowing down.  I think that mentality, which is fairly pervasive among lawyers, does a disservice to the mediation process.

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