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We’ve heard a lot about quid pro quo lately. But it’s not necessarily a bad thing. Quid pro quo is Latin for “this for that.” This is what negotiation is all about. In fact, the exchange of something of value, legally termed “consideration”, is a requirement for a contract to be valid. Settlement agreements are contracts. A good negotiator always seeks quid pro quo. Don’t give away something unless you get something in return. In…
This will be a big year. Don’t forget it’s Leap Year; there’s an extra day in February. The summer Olympics in Tokyo start July 24 and continue through August 9. The presidential election is on November 3. Maybe you started the year by binging on football bowl games. Now that you’re back to work, think about how 2020 will be your big year of settlement. Prepare by identifying the ugliest claims in your inventory. Then…
This will be a big year. Don’t forget it’s Leap Year; there’s an extra day in February. The summer Olympics in Tokyo start July 24 and continue through August 9. The presidential election is on November 3. Maybe you started the year by binging on football bowl games. Now that you’re back to work, think about how 2020 will be your big year of settlement. Prepare by identifying the ugliest claims in your inventory. Then…
A new California law effective January 1, 2020 governs settlement agreement language regarding employment dismissals and rehires. An employer and employee can still agree that a settlement includes termination of employment, but the agreement cannot include language that the person is barred from re-employment. The legislative history of AB749 shows that the motive behind the law was to prevent situations where a sexual harasser remains employed by a company, but the victim can’t get back…
A new California law effective January 1, 2020 governs settlement agreement language regarding employment dismissals and rehires. An employer and employee can still agree that a settlement includes termination of employment, but the agreement cannot include language that the person is barred from re-employment. The legislative history of AB749 shows that the motive behind the law was to prevent situations where a sexual harasser remains employed by a company, but the victim can’t get back…
Joy to The world! Year-end has come, Accounting has totaled the fees. Let ev’ry heart prepare him room And all of the partners sing And all of the partners sing And all, all of the partners sing Joy to the world! The year was good, And now divide the spoils. Misters Fields and Floods have a fight. Misses Rock and Hill watch in fright, Repeating the annual scene Repeating the annual scene Repeating, repeating the…
Joy to The world! Year-end has come, Accounting has totaled the fees. Let ev’ry heart prepare him room And all of the partners sing And all of the partners sing And all, all of the partners sing Joy to the world! The year was good, And now divide the spoils. Misters Fields and Floods have a fight. Misses Rock and Hill watch in fright, Repeating the annual scene Repeating the annual scene Repeating, repeating the…
KNOWLEDGE MANAGEMENT – CREATING A MEDIATORS LIST Every organization should have a process for creating a collective memory. It’s called knowledge management. Knowledge management preserves team members’ experiences so everyone on that team can access them. This efficiency avoids mistakes and duplication of effort. Still, it is not uncommon for people considering mediation to send an all-hands email asking, “Do you know a good mediator?” or “Who mediates these kinds of cases?” Does your organization…
KNOWLEDGE MANAGEMENT – CREATING A MEDIATORS LIST Every organization should have a process for creating a collective memory. It’s called knowledge management. Knowledge management preserves team members’ experiences so everyone on that team can access them. This efficiency avoids mistakes and duplication of effort. Still, it is not uncommon for people considering mediation to send an all-hands email asking, “Do you know a good mediator?” or “Who mediates these kinds of cases?” Does your organization…
You’re sure to hear this phrase repeatedly in December. What are you doing to make it happen? Most readers of this message are professionals charged with managing disputes. You may spend a considerable amount of time strategizing how to annul the opposing party’s claims. That’s appropriate. It’s your job. But what practically every party involved in a conflict really wants is peace. Settling parties often say they are compromising in order to get peace. It’s…