According to Reeves, the increase in students teachers gain must directly correspond to the number of jobs the district cuts, but Portland Public schools doubled the acceptable ratio.  The arbitration not only resulted in compensation for the additional work teachers took on, but another $750, 000 to compensate the work they will do under the following circumstances:

• All students must be limited to taking only seven classes in an eight-period schedule unless they are in special education or designated as “academic priority“.

• No teacher will be allowed to teach more than 180 students per term.

According to reports, more than 40 percent of teachers at certain Portland Public Schools had 180 students or more. The decision is a significant step for the well-being of our countries teachers but it poses an incredible stress on strapped-for-cash school districts. Hopefully education will be a priority in this year’s election cycle.

Total satisfaction for both parties is possible using a collaboration model throughout a mediation, by expanding the dispute into more developed issues, often resulting in multiple possible solutions unique to each party.  Whereas a compromise, while extremely useful, aims to split the differences and, essentially, the solutions.

In order for collaboration to be successful, each party should completely disclose his or her goals to the mediator, who will forge a variety of paths toward total resolution.

In some cases, lawyers are unwilling to represent consumers in arbitration complaints because of award caps in agreements.  And in some other cases arbitration is unhelpful because arbitration decisions are typically not disclosed and not subject to appeal.

Arbitration can be particularly helpful when freely and knowingly agreed to regarding disputes between commercial entities.  The issue arises when individual consumers unknowingly waive their right to file a lawsuit in the fine print of many adhesions contracts.  Congress recently announced The Arbitration Fairness Act, which would help consumers understand their rights and advantages of arbitration.

Here’s a brief excerpt from our most recent article, A Trial Lawyer’s Experience as a Mediator: A Few Brief Lessons, written by MDRS Neutral Thomas W. Porter:

On the first day of practice as a trial lawyer, my boss told me about the different cross-examination styles of the partners.  He spoke of one, a very devout Catholic, as a pugilist.  He would just come out swinging.  The witnesses would see the blows coming, but there was nothing they could do.  He would leave them a bloody pulp.  Another partner was a Quaker and a very kind man.  His style was different.  He used a stiletto.  Often the witnesses would not see it coming and sometimes they wouldn’t even feel it going between the ribs, but the result was the same, a pool of blood underneath the chair.

MDRS is pleased to highlight our diverse team of Neutrals, their various backgrounds and experiences, in order to better serve the Alternative Dispute Resolution community.

We would love to hear from you–please post your comments regarding “Words of Wisdom” articles and interviews on the MDRS Facebook page.

“Baseball” Arbitration is a methodology that can be used in many different contexts in addition to baseball players’ salary disputes, and is particularly effective when parties have a long-term relationship. The procedural details are covered in an article by MDRS founder Brian Jerome, Baseball (Pendulum) Arbitration.

Alternative dispute resolution has successfully resolved disputes in the sports world for many years, allowing all parties to illustrate their strengths (and weakness). And as their followers know, both Ortiz and the Red Sox have a few.

We all have the capacity to hold onto anger, but with the help of such firms as Massachusetts Dispute Resolution Services, you can effectively let go of it. Alternative dispute resolution is a convenient and successful way to resolve your personal legal disputes. Divorce, employment and business matters, even negligence, are often surrounded by personal resentment and can be swept under the proverbial rug of life. Some cases, like personal injury and accidents should be dealt with immediately; however, family and business issues are often left to fester.

In order to truly start the year fresh, resolve to speak with a mediator. ADR can be, quite literally, one of your 2012 resolutions.

The mediation process is well-suited to the Occupy movement’s mission—it is an inexpensive (and therefore more accessible) way to sort through and resolve complex disputes. Boston has been relatively open to the movement, avoiding many of the violent set-backs other occupied cities incurred. Mediation has granted the City, students, and residents an efficient, neutral, positive legal outlet for serious solutions.

But it’s in the nature of planning for, and traveling through, the holidays (finance, business, shopping, travel, family) when disputes sometimes rear their ugly head. If you find yourself dealing with a insurmountable problem, talk to an experienced mediator as soon as possible. Whatever your dispute, mediation is a positive, inexpensive way to approach it. Resolve your problems quickly so you can be truly thankful this holiday season.