Conflict Resolution, Mediation and Alternative Dispute Resolution – Carr, Swanson & Randolph » » dispute prevention

CSR Conducts Three day Mediation Workshop in Rio

admin — Wed, 18 May 2016 15:12:26 +0000

CSR’s Bob Randolph and Frank Carr have just returned from conducting a successful three-day mediation workshop in Rio de Janeiro, Brazil. This was CSR’s third trip to Brazil to conduct mediation training. Given Frank Carr’s and CSR’s expertise in construction dispute resolution, the workshop focused on construction mediation issues that Brasil companies might face in the run-up to the Olympics. The workshop was sponsored by the CPR Institute for Conflict Prevention and Resolution (NYC) and hosted by Barbosa Mussnich Aragao (BMA), one of Brazil’s premier law firms. CPR and BMA have partnered to bring alternative dispute resolution to Brazil, which has just recently enacted a new mediation law to encourage the use of mediation nation-wide. CSR expects to return to Brazil within the coming 12 months to conduct an advanced course for the more than 50 mediators who have already completed the CPR foundation course.

CSR ADR Work in Papua New Guinea

admin — Mon, 14 Dec 2015 00:48:58 +0000

CSR’s Pete Swanson traveled to Papua New Guinea in September and October of 2015 to consult and facilitate the National Courts in creating their 2016-2020 ADR strategic Plan. This work was an outgrowth of his efforts in 2013 to provide an assessment of their ADR program for the World bank/IFC.

SUCCESSFUL COMPLETION OF DISPUTE REVIEW BOARDS

admin — Sun, 13 Dec 2015 18:47:51 +0000

In 2015, CSR partner, Frank Carr, successfully completed two Dispute Review Boards where the disputes had been pending for a number of years. As Chairman of the Board in Washington, D.C., Frank reports that there were no disputes remaining between the Washington Area Metropolitan Transit Authority (WMATA) and its contractor at the conclusion of the Board. Also, Frank was a DRB Board Member for a subway construction project in New York City between the MTA (Metropolitan Transportation Authority) Capitol Construction and its contractor that has been completed with no disputes remaining.

CSR’s Bob Randolph Provides Training to NGA on “Unconscious Bias”

admin — Fri, 17 Oct 2014 23:13:14 +0000

Bob Randolph gave a one-day training for the National Geospatial Agency in September, 2014 on the cutting-edge subject of “unconscious bias,” sometimes labeled “implicit bias.” We Americans have traditionally believed discrimination to be conscious and intentional and have worked hard through civil rights initiatives and societal pressures to create a just and equitable society and eliminate conscious bias in the United States. However, research in the past two decades strongly suggests that the problem is not overt bias or racism, but the reality that people who view themselves as enlightened and unbiased hold unconscious attitudes that result in discriminatory actions and behavior, especially in the work-place. For example, we routinely and unconsciously discriminate against people of below average height in allocating leadership positions in our society. William McKinley was the last person of below average height elected President (1900); 60% of all CEO’s are above 6 feet in height. We would all concede that it would be irrational to assign leadership roles in our society on the basis of height; nevertheless, we unconsciously associate height with leadership, and lack thereof with followship, and unconsciously make decisions on the unconscious assumption that there is a correlation between height and leadership ability.

The problem of “unconscious bias” becomes more unsettling, however, as we encounter more and more research demonstrating that we are “hard-wired” with danger detectors that unfairly stereotype individuals of a different color or ethnicity as people to be avoided and that this “hard wiring” can result in disparate treatment of individuals whom we view as different. Validated studies, for example, based on on-line shooter games demonstrate that participants are quicker to shoot at black men than white men. In the employment context, unconscious bias is a serious problem; in the law enforcement context, we are confronting societal tragedies. The good news is that once recognized and acknowledged, we can modify our behaviors to at least ameliorate, if not eliminate the scourge of unconscious bias.
For more information, contact Bob Randolph at rrandolph@csradr.com; 202-549-4904.

Pete Swanson continues to provide mediation training assistance in Kosovo

admin — Tue, 23 Sep 2014 16:42:09 +0000

Building on the mediation training provided to US AID’s Commercial Law Enforcement Project in October of 2013, Pete Swanson returned to Kosovo for three weeks in March, 2014, to provide additional assistance to budding Kosovar mediators. Pete provided refresher training to seasoned mediators in Pristina, more basic training to a new cadre of mediators based in Prizren, and supervised the rigorous practicums (simulated mediations) that graduating mediators must face before mediating on their own.

CSR Provides International Mediation Training In Brazil

admin — Tue, 10 Dec 2013 23:44:57 +0000

Frank Carr and Bob Randolph have just completed a successful three day international commercial mediation training in Sao Paolo, Brasil (November 15-17), for The International Institute for Conflict Prevention & Resolution (CPR) and CAMARB. CPR (based in NYC) is the leading non-profit independent resource helping global business and their lawyers resolve complex commercial disputes more cost effectively and efficiently. CAMARB (Chamber of Arbitration-Brasil) is one of the three leading dispute resolution providers in Brasil.

Carr and Randolph were training with some of the top lawyers and arbitrators in Brasil, many of whom either represented, or handled arbitrations for Fortune 500 countries. The training was quite well received. In the words of one participant, a senior partner in a major law firm:

“I have to confess that it was a difficult process of negotiation with my wife and kids to participate in the training program and not to travel with them and enjoy the holiday in Brazil, but everything became easier after sharing with them the histories, exercises and my enthusiasm with everything that I learned during the three days. You are great. Be sure that we will spread the word here in Brazil about the quality and professionalism that we experienced.”

It was fascinating to see how easily some of the more adversarial negotiators were able to adapt to a facilitative mediation style. CSR looks forward to returning to Brasil.

CSR conducts an international commercial arbitration and mediation training for government officials in Turkmenistan

admin — Tue, 10 Sep 2013 16:47:47 +0000

Bob Randolph and his colleague, Mark Ball, conducted a four day “International Commercial Arbitration and Mediation” training” seminar (July 9-12, 2013) for governmental officials in Turkmenistan which was delivered under the auspices of USAID and Deloitte Consulting, LLP. The program covered drafting “modern” arbitration laws, drafting investment treaties and contracts, and the arbitration/mediation of investment disputes before ICSID. The seminar received high marks from participants, and Randolph and Ball look forward to conducting a follow-on seminar in the fall of 2013.

CSR awarded contracts with National Archives and Records Administration services to provide extensive dispute resolution services for agency.

admin — Tue, 10 Sep 2013 16:45:49 +0000

CSR has been awarded several contracts to provide extensive dispute resolution and organizational development services to various components of the National Archives, including a Presidential Library, a Federal Records Center, and various components within Headquarters at College Park, Maryland. This work is lead by CSR partner Pete Swanson. (July 8, 2013)

CSR to provide Strategic Planning and Facilitation assistance to a major office within the Department of Interior.

admin — Tue, 10 Sep 2013 16:44:14 +0000

CSR partner Pete Swanson, under a subcontract with Carol Houk International, LLC, is providing strategic planning assistance to a key office within the Department of Interior under the auspices of the Office for Collaborative Action and Dispute Resolution. Work commenced in summer and will proceed through the fall. (July 1, 2013)

CSR appointed by Supreme and National Courts of Papua New Guinea to conduct review of Court Annexed Mediation Program.

admin — Tue, 10 Sep 2013 16:27:40 +0000

Under a contract with the International Finance Corporation, CSR was appointed by the Supreme and National Courts of Papua new Guinea to do a review of their country-wide court annexed mediation program and to provide recommendations for growth and expansion of the initiative. CSR partner Pete Swanson traveled to PNG in April for the month to conduct the survey, meet with stakeholders, and draft the report and recommendations which were accepted by the IFC early this summer. (April, 2013)