Category: ADR for Companies

How should ombuds refer to parties in sexual harassment cases?

January 29, 2018

Using litigation-inspired terms by default misses an opportunity to promote a more effective ombuds process in sexual harassment cases.

Read More

Mediator as Ombuds

April 20, 2017

The word “ombudsman” comes from a Swedish term that dates back to 1809, when the Swedish parliament decided to protect citizens’ rights by establishing a supervisory agency independent of the government. Dictionaries differ about the word’s origin, but many in the field prefer one scholar’s definition of the ombudsman (or ombuds or ombudsperson) as “a person who has an ear to the people.”

Read More

Benefits of an Ombuds in Hindsight

April 6, 2017

Uber. Microsoft. Twitter. You know the names. You use their products, or know someone who has. What you may not know is that each of these household names have been publicly blamed for gender discrimination at some point within the past two years. Female employees have indicted Uber for simply “slapping the wrist” of a sexually propositioning and harassing manager, Microsoft for harnessing a culture of systemic inequality, and Twitter for denying promotions to and driving women from the company.

Read More

16 Minutes of ADR – Chuck Doran on Corporate Dispute Resolution Programs

January 9, 2017

"16 Minutes of ADR" is a project that was initiated by Mushegh Manukyan at Harvard Law School, aiming to promote mediation and arbitration, particularly focusing on ADR needs and issues in Armenia.

Read More

The Dos and Don’ts of Effective Meeting Facilitation

September 11, 2016

Meetings are an integral fixture of every organization, and yet, they do not have the best reputation. In a survey conducted by Salary.com, meetings are the "number one productivity killer." Even worse news? A separate survey indicated that over half of the participants would rather do "any unpleasant activity"...

Read More

Resolving Franchise Disputes Through Mediation: Factors to Consider When Drafting a Mediation Clause

April 3, 2016

This article was originally published in the Massachusetts Bar Association’s ComCom Quarterly. The article is intended for franchisor counsel looking to advise clients about the benefits of mediation and how to draft an effective mediation clause for franchise disputes. Among the questions asked as part of FranchiseGrade.com’s Franchise Expert Survey of 2015 was the following: […]

Read More