Mediation Today
read all Blog Postings 06/29/09
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Keith Seat's
Mediation News
06/22/09- Wisconsin Smart Growth Requirements Provide Mediation Opportunities
- Court Requires Mediation in Auto-Parts Maker’s Bankruptcy
- Pennsylvania County’s Use of Mediation in Property Reassessment Limits Litigation
- Hazardous Mediation Duty
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New Articles
Race, Gender, and Class: How Much Of A Role Do They Play In Mediation? (6/29/09)
Recent studies have come to life as to the role race, gender and class of the mediator plays in mediation. Does race play any discernible role in mediation compared to gender or socioeconomic class?
Mediation In Healthcare (6/29/09)
A new leadership standard issued in January 2009 by The Joint Commission, the accrediting body for hospitals, addresses the development of a code of conduct that defines acceptable, disruptive, and inappropriate behaviors; and requires the creation and implementation of a process for managing disruptive and inappropriate behaviors.
Mediation And Social Norms: A Response To Dame Hazel Genn (6/29/09)
The article is a response to Dame Hazel Genn’s 2008 Hamlyn Lecture, in which she characterized mediators as having ‘no interest in justice and fairness.’ The article argues that mediators’ own rhetoric has allowed this caricature to develop and suggests that, in practice, mediators are no longer indifferent to norms like justice and fairness, if they ever were. Drawing on the work of Ellen Waldman and Julie MacFarlane this article examines the role of social norms and ethical codes in mediation practice, and calls on mediators to examine their values.
Mediate.com Blog Archive for June 29, 2009 (6/29/09)
This is an archive of the Mediate.com Blog for June 29, 2009.
The Mediation Industry, Qualifications & the Mediate.com Certification Program (6/27/09)
It is challenging to have any short discussion on mediation qualifications, the mediation industry and new Mediate.com Certification Program, but I will try.
The ‘Texas Shoot Out’ And Other Ways To Get Out Of Deals! (6/22/09)
Most partnerships, joint ventures, marriages and many contracts and alliances start off with big plans, grand expectations, speeches and champagne! Statistics indicate that the majority will, somewhere in the future, due to many personal and financial reasons, reach a point of such conflict or deadlock that parties want to ‘get out’!
Mediation And The Right To Privacy: Confidentiality, The USA PATRIOT Act, And Us (6/22/09)
This article addresses the offer of confidentiality in mediation which ultimately references the constitutional and common law right of privacy, and makes confidentiality in mediation one of the rare instances in which citizens can exercise this right. However, rules of evidence can override confidentiality, in reality it cannot be guaranteed. The USA PATRIOT Act Section 215 places promises of confidentiality in even greater jeopardy. The legal boundaries around what can be kept confidential make what mediators say about it a key example of how mediation is not an alternative to, but an option within, the legal system. As a critical aspect of supporting party self-determination, mediators need to fully understand and explain confidentiality.
A Recent Finding on Oxytocin (6/22/09)
In a recent experiment, Swiss Neuroscientists Beate Ditzen, Marcel Schaer, Barbara Gabriel, Guy Bodenmann, Ulrike Ehlert, and Markus Heinrichs found for the first time a direct connection between oxytocin and couple bonding in human subjects. The following summary is drawn from their research report.
Mediate.com Blog Archive for June 22, 2009 (6/22/09)
This is an archive of the Mediate.com Blog for June 22, 2009.
A View of Mediation in the Future (6/21/09)
One topic that is not talked about much is: mediation in the future. Perhaps we assume that the future of mediation is self-defining or that "others" will make good choices. Will courts and agencies be the primary delivery system for mediation? It did not start that way. What about community programs? And what about technology? Mediation may be soon coming to a pocket or purse near you.
Mediation And Equal Justice For The Poor (6/15/09)
Throughout the history of America, justice and injustice have co-existed in a fierce struggle to determine which contender would emerge in victory. Money and the lack of money remain decisive factors in determining the extent to which an individual will have access to our civil court system. Alternative means of resolving disputes, most notably mediation, have gradually positioned themselves as attractive options especially for those who live in a condition of poverty. This brief essay will explore the extent to which mediation serves to advance or impede the goal of achieving equal justice for every American.
Ombudsman ADR: The 6 C’s Of Sociocratic Peace Building (6/15/09)
The 6 C's; communication, complaint, cooperation, consensus, consent and coordination act as mental milestones for facilitators and mediators in group oriented conflict management scenarios. Increasingly the Sociocratic process of self governance is gaining popularity in all sizes and types of groups in North America and is becoming the preferred structure for processing issues, disputes and complaints. The 6 C's support this process between small to very large groups.
A Nuanced Comparison Of Transformative, Insight And Narrative Mediation (6/15/09)
Within the broad framework of mediation, there exists an expansive spectrum of styles. A particular approach or style of mediation may, therefore, be more appropriate depending on the circumstances. There are also, however, numerous similarities among the range of methodologies. The purpose of this paper is to compare and contrast the specific approaches of transformative, insight and narrative mediation. Although these three methods differ in their approaches and applications, they are fundamental to the discipline of mediation as a whole, and contribute to both the improvement of communication and relationships, as well as to the possibility of mutually beneficial settlements.
Mediate.com Blog Archive for June 15, 2009 (6/15/09)
This is an archive of the Mediate.com Blog for June 15, 2009.
Get Busy, Get Paid! How to develop a financially successful mediation practice: a review (6/11/09)
I had a chance to view this video last week and recommend it for a whole host of reasons. It covers important topics like target markets, market niches and market differentiation in a straightforward, thoughtful way. It challenges you to put the work into understanding what you have to offer. And Lowry sets the stage well for successful practice-building with his practice development pyramid.
Comparing Mediation And Lok Adalat: Toward An Integrated Approach To Dispute Resolution In India (6/08/09)
Gregg Relyea and Niranjan Bhatt To resolve litigated disputes, Indian courts are using a variety of modern methods, including mediation, and traditional methods, including Lok Adalat, on a broad scale. Lok Adalat (the "people's court") is derived from the ancient panchayat system of justice, where panchas, village elders, helped people resolve their disputes. A close examination of mediation and Lok Adalat reveals several fundamental similarities and distinctions that lend themselves to different types of disputes. To compare mediation and Lok Adalat, the authors used a 20-point analytical template, which may be used to define and distinguish the essential characteristics of ADR processes.
Confidentiality in Collaborative Cases After Thottam (6/08/09)
The recent case of Estate of Thottam (2008) 165 Cal.App.4th 1331, 81 Cal.Rptr. 856, has many mediators and collaborative practitioners worried about confidentiality in California. In Thottam, the Court of Appeal found that a mediator’s confidentiality agreement could reasonably be interpreted as a waiver of confidentiality and opened up a complex probate case to potentially expensive litigation.
Mediate.com Blog Archive for June 8, 2009 (6/08/09)
This is an archive of the Mediate.com Blog for June 8, 2009.
JAMS Announces First International ADR Center To Provide More Effective Arbitration And Mediation Worldwide (6/07/09)
JAMS and ADR Center in Italy announced an agreement to form what will be known as JAMS International ADR Center to provide mediation and arbitration of cross-border disputes and training services worldwide.
Making Peace and Making Money: Economic Analysis of the Market for Mediators in Private Practice (6/03/09)
There has been virtually no empirical or theoretical research about the markets for mediation services and for providers of those services: how many there are, who they are, and what they have in common. This article is an attempt to fill the void.
Mediate.com Blog Archive for June 1, 2009 (6/02/09)
This is an archive of the Mediate.com Blog for June 1, 2009.
Mediate, Don’t Litigate, Your Construction Contract Complaints (6/01/09)
Many lawyers are familiar with Abraham Lincoln’s “Notes on the Practice of Law” written in 1850. As a mediator and strong proponent of collaborative methods of resolving disputes, this is my favorite section of his observations on practicing law.
Book Review: Staying With Conflict: A Strategic Approach To Ongoing Disputes (6/01/09)
In his newest book, Staying with Conflict, Bernie Mayer urges “conflict professionals” to think of ourselves as specialists who are retained as allies in assisting disputants to develop a constructive approach to engaging in enduring conflict, which he contends is both healthy and omnipresent. A word of caution to colleagues who are engaged exclusively in mediating the litigated case: the book, if taken to heart, may call into question your/our own self-limiting roles.
When Divorce Means Re-Entering The Job Market (6/01/09)
In working with divorcing couples, reemployment of an “at-home” spouse is a recurring theme. This is usually (but not always) the wife, who needs to enter the job market after the divorce. An analysis of the finances of a divorce case generally leads to the stark truth that the family unit (now divided into two households) cannot live on the earned income that was being brought into the household prior to the divorce.
La Mediación en España, Edición 2009 (5/28/09)
El desarrollo de la mediación en España es de reciente data, su historia es breve si la comparamos con países como EEUU, Canadá o Gran Bretaña. El origen de la mediación se sitúa en EEUU en los años 70 en que justamente la proliferación de las separaciones matrimoniales hizo de La Mediación el método más exitoso.
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