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READ & SEARCH NEWS
    06/18/2013
  • When mandatory arbitration replaces litigation, consumers lose

    Legislation that would eliminate required arbitration for employee, consumer and civil rights disputes was proposed last month. It should be passed. Congress must act to restore fairness.
    Big business and corporate money, along with a corporate friendly Supreme Court, have been enough in the past to defeat efforts to bring fairness back to the arena of routine consumer and employee rights. Unfortunately, the same thing is likely to happen again, and the Arbitration Fairness Act of 2013 that has been introduced in the House (and a similar bill in the Senate) will likely fail.



  • Arab-jewish Peace Talks Will Start Next Week in Rhodes, U.N. Mediator Announces

    After an all-day conference in Cairo with the political committee of the Arab League, Count Folke Bernadotte, U.N. mediator for Palestine, informed the Secretariat here that the work of mediation and negotiation between Arabs and Jews will begin next week on the Greek island of Rhodes.



  • Ag mediation services available

    On the face of it, the drought and late freeze in Kansas have been plenty hard enough, but the difficulties don't end with smaller yields and lack of forage. They sometimes mean struggles when the bills come due. To help farmers and ranchers, as well as lenders, work through legal and financial issues, the Kansas Agricultural Mediation Services offers free or low-cost services to farmers, ranchers and others.



  • Is Nevada's foreclosure program effective?

    Metrics that evaluate Nevada effort being made public - slowly.  Eight months after a Reno Gazette-Journal article raised transparency concerns about the state’s foreclosure mediation system, administrators for the program have started to release more data to the public.



  • Kilmarnock: Fans group offers mediation with chairman

    Supporters Direct Scotland has offered to mediate between Kilmarnock fans and club chairman Michael Johnston over the future direction of the club.



  • Yachting: Kiwi to mediate in Cup row

    A New Zealander is one of two sailing experts on the mediation panel which will try to get the warring America's Cup teams in San Francisco to agree on how and when the regatta will proceed - but the whole process could take at least another week.



  • New Mediation Program to Resolve Employment Discrimination Disputes Faster, Save Time and Money for All Parties

    The Pennsylvania Human Relations Commission has launched a mediation program to resolve employment discrimination complaints within a short timeframe. Trained, neutral mediators will guide the process, which aims to produce settlements agreeable to both parties.

    "With mediation, everyone gets relief faster," Commission Chairman Gerry Robinson said. "People who believe they have been wronged, as well as employers facing complaints will get conflicts resolved faster, avoiding lengthy investigations, costly hearings and potential court filings."

    There is no cost to those who choose mediation as a way of resolving their disputes, and they do not need to hire an attorney. The process is confidential.



  • Sudan agrees to AU mediation

    The Sudanese government said it has no objections to meeting with African Union leaders to find a solution to outstanding issues with South Sudan.



  • Mediation Sought for Penn State Sanction Funds

    State Senator Jake Corman (R-Centre) and State Treasurer Rob McCord have asked Commonwealth Court to place their lawsuit against the National Collegiate Athletic Association (NCAA) into mediation, in the hope of deciding the use of Penn State University sanction funds as soon as possible. Their request, filed with the court yesterday afternoon, came after they received an exchange of correspondence from legal counsels for Penn State and the NCAA.



  • Brooklyn becomes first borough to require mediation in civil cases

    Brooklyn Supreme Court ushered in a new project Thursday requiring all civil cases to pass through a mediation process before proceeding to trial. The first of its kind, the mandatory mediation project hopes to alleviate some the costs and other strains that civil litigation places on Brooklyn’s court system.

    “Brooklyn has over 54,000 cases pending which is more than any other county in New York” Hon. Lawrence Knipel, Brooklyn Supreme Court administrative judge for civil matters, told the Brooklyn Daily Eagle. “Mandatory mediation will hopefully reduce to time and financial costs of a trial not only for the county but for the attorneys and parties involved.”



  • Mediation Underway in Dorner Mistaken Identity Shooting

    A man mistakenly shot at by police during the manhunt for ex-police officer Christopher Dorner entered into mediation talks with attorneys for the city of Torrance Thursday. David Perdue, 38, was mistakenly shot at by Torrance police on Feb. 7 when officers rammed his pickup truck and then opened fire, according to his attorney.




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  • Ask the Hard Questions before the Negotiation Begins
    by Jan Frankel Schau
  • Think "And," Not "Or"
    by Maria Simpson
  • Ripeness of Conflict
    by Dennis Huizing
  • Engaging Lawyers as Partners in Mediation
    by Joel Lee
  • Annulment: What Are the Rules on the Rules?
    by Mallory Silberman
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    by Peter Phillips
  • Can People Change? Conflict Lessons from Implicit Personality Theory Research
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Jeff Thompson
Public Diplomacy Opportunities Arise When Conflict Resolution Is Applied (6/18/13)
Jeff Thompson
U.S. Under Secretary for Public Diplomacy and Public Affairs Tara Sonenshine explains how public diplomacy, through the use of conflict resolution skills, embraces both soft and hard power to create a "smart power". Although it is not an easy task, success is possible through collaborative efforts.

Don Cripe
The Boogeyman of California Family Law (6/13/13)
Don Cripe
People in a dispute have an increasing number of options for resolving their dispute. Those resolving family disputes have mediation as an option as well as many services provided by local courts.

John Wade
What Do Our Clients Want? (6/13/13)
John Wade
Our job as mediators is to serve our clients. We can hope that we are meeting that goal, or we can develop ways to check-in with our clients to ensure that we are serving them well.   1 Comment

Constantin-Adi Gavrila
Penalties for the Non-Participation in Mandatory Report Sessions on the Mediation Benefits (6/13/13)
Constantin-Adi Gavrila
If I look back 10 years ago I can notice that mediation has had an evolution which at that time, we could but hope for. From the random pilot projects and the search “laboratories” of this activity, in the year 2013, mediation has become a freestanding profession and even a social and professional phenomenon.

James Melamed
The NSA, Mediation and Digital Accountability (6/11/13)
James Melamed
Our society’s and the world’s reaction to the NSA’s massive data collection efforts and the ongoing evolution of the privacy vs. security debate have rather profound implications for the future of mediation. I call this concept of how we adjust our digital communications given our perception of the possible unintended exposure of those communications, “digital accountability.” The good news is that digital accountability may not all be bad.

Alan E. Gross
Is Agreement the Gold Standard for Mediation Success? (6/07/13)
Alan E. Gross
Agreements, particularly written ones, have long served as the most popular measure of mediation success and mediator competence. Therefore, in those instances when participants have fully understood each other but did not reach an accord, advocates of the agreement criterion sometimes code their session as a failure. On the contrary, I argue here that a lack of agreement can often in fact be viewed as a successful and useful outcome, especially when the alternatives are to make an untenable deal, or to continue to tolerate a difficult conflict.   2 Comments

Mike McMullen
The Prevalence of Alternative Dispute Resolution Programs by US Small Businesses (6/07/13)
Mike McMullen
This article will summarize the results of a survey I sent out to see how widespread alternative dispute resolution programs are among a sample of small businesses in the United States. A questionnaire was sent to over 400 companies found on the Small Business Administration online database. Nearly 90% of HR officials responded. I found that the use of ADR is rare, and among small businesses more “traditional” methods of resolving conflict in the workplace are still prevalent (such as termination or formal grievance procedures). However, alternatives such as mediation or ombudspersons are gaining popularity.

Gary Harper
The Power of Metaphor (6/07/13)
Gary Harper
In conflict, listen for word pictures. With so many people using their brains in different ways during the mediation process, it is important to find the right words and images to connect with your clients.   1 Comment

Bob Livingstone
How Children Cope with High Conflict Divorce: How are they harmed and what can parents do to help them? (6/06/13)
Bob Livingstone
A high conflict divorce is where marriage ends and war begins. Children are frequently unwittingly used as pawns in this high stakes, emotionally bloody demolition. Kids find different ways to cope in a system that includes children and two parents who absolutely despise each other. This is a hatred that doesn’t ease up over the passing of time; no these bitter feelings tend to increase and escalate as the years go by.   3 Comments

James Melamed
Interview with Jim Melamed (video) (6/06/13)
James Melamed
This interview by Dave Hilton, host of the Conflict Specialists Show, with Jim Melamed, CEO of Mediate.com, describes the development of Mediate.com, mediation marketing, Caseload Manger and the future of online dispute resolution.

Daniel Rainey
Interview of Daniel Rainey (video) (6/04/13)
Daniel Rainey
This interview by Dave Hilton, host of the Conflict Specialists Show, with Dan Rainey, Chief of Staff of the National Mediation Board, addresses issues of labor-management mediation in the transportation sector and issues of online dispute resolution.

James Melamed
SYNC, UN-SYNC, RE-SYNC – An Emerging Paradigm for Online Mediation (6/03/13)
James Melamed
The incorporation of the Internet into mediation as an augmentation to “face-to-face” discussions or when the mediation fully takes place online calls for new understandings about how to best structure and understand both online mediation and all mediation. In fact, to some extent, all mediation is now “online mediation.” I here propose a new essential paradigm that I call “Sync, Un-Sync, Re-Sync,” and sketch out why I believe this reconceptualization of online mediation is valuable.   2 Comments

Ingrid Simone
Managing Media with Your Ex Over the Summer (6/03/13)
Ingrid Simone
If two households doubles your kids' TV, game, and movie time, here's how to agree on limits so everyone can keep their cool over the summer.

Juliana Birkhoff
Both And Thinking (5/31/13)
Juliana Birkhoff
I was an excellent debater in high school and college. I do not debate anymore. In fact, I am wishy-washy. When I hear someone articulate a strong position, my next thought, is good point, but what about the other side? 27 years as a mediator and facilitator has trained me to listen and process information differently. I have learned that problems and solutions are rarely either/or. I now think both/and.

Clare Fowler
New ODR Initiatives at OnlineMediators.com, OnlineArbitrators.com & OnlineDisputeResolution.com (5/28/13)
Clare Fowler
Resourceful Internet Solutions, Inc. (RIS), the world's leading online technology provider for the ADR industry, with flagship websites at Mediate.com & Arbitrate.com, now offers three ODR websites, plus Caseload Manager technology, all dedicated to helping ADR programs and practitioners extend their dispute resolution work online.

Michael Jacobs
I Didn't Leave the Children (5/28/13)
Michael Jacobs
From a mediator's perspective, slowing down, taking care to name truly, and to value messiness, are key elements of our practice. To break the cycle of attack/defend ("You left us/I didn't leave the children") is only possible by creating a space wide enough to encompass the complexity of where they currently stand. These perspectives are gathered from 16 mediators in a recent advanced family mediation training.   2 Comments

Herman Zandt
Cost of Conflict: Hidden Outflow or Investment Opportunity? (5/28/13)
Herman Zandt
This article provides real-life examples of workplace conflicts. It shows that in every situation the cost of conflict increases if the conflict is left unaddressed.

Jeffrey Fink
The Family Business in Divorce: Issues for Mediators (5/28/13)
Jeffrey Fink
There are millions of family businesses in the US. Even a buzz-word, “copreneurs,” has been coined to describe couples who work together.  Unfortunately, with up to half of all marriages ending in divorce, a significant number of these businesses will end up as a football to be tossed around between squabbling spouses. 

Amanda Fletcher
From Behind the Glass: Mandatory Family Law Mediation (5/27/13)
Amanda Fletcher
This article sets out a plan of attack for how an attorney can effectively advocate for their client in a mandatory family law mediation setting where the attorney is excluded from the mediation session.   2 Comments

Jason Dykstra
Interview with Jason Dykstra on Social Media (5/27/13)
Jason Dykstra
This interview of Jason Dykstra by Dave Hilton of the Conflict Specialists Show addresses such issues as social media and conflict; relational conflict; hot buttons and listening; conflict audits; and social media strategies.

Lisa Nelson
10 Helpful Tips for Mediating Child Related Issues (5/26/13)
Lisa Nelson
The article provides helpful tips and considerations for parents to address in divorce mediation when minor children are involved. There are specific considerations that parents need to be made aware of before they enter the mediation process with children.   1 Comment

Denise Tamir
The Gray Divorce (5/25/13)
Denise Tamir
Though the fact that divorce has become more common and less of a stigma has some impact, that does not explain why the gray divorce rate is climbing while the general divorce rate is going down. Denise Tamir suggests a few contributing factors.   2 Comments

James Melamed
Announcing Three New Online Dispute Resolution (ODR) Websites (5/22/13)
James Melamed
Resourceful Internet Solutions, Inc. (RIS) and our flagship sites Mediate.com and Arbitrate.com are proud to announce the launch of three new online dispute resolution websites at: The world of online dispute resolution is growing rapidly and at an accelerating pace based both upon purely online initiatives and because all mediators and arbitrators are now "online mediators and arbitrators." We all now use the internet extensively in nearly every case. We hope and trust that you will gain great value from our new ODR websites.


ODR Theory and Practice: Table of Contents, Forward, Introduction & First Chapter: ODR Past, Present & Future (5/21/13)
Ethan Katsh, Daniel Rainey, Mohamed S. Abdel Wahab, Richard Susskind
As a service to the ADR and ODR fields, Mediate.com is honored to make the book "Online Dispute Resolution: Theory and Practice" by Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey ( Eds.) available. We here begin with the Forward, Introduction and First Chapter of "Online Dispute Resolution: Theory and Practice."

James Melamed
Negotiating & Mediating Parenting Screen Time Agreements (5/20/13)
James Melamed
How the world has changed! It used to be that divorcing couples would fight over family pictures, music collections and fear losing contact with their absent child. Digital pictures, digital music and “Skype parenting time” have now dramatically altered this divorced parenting landscape. Compelling is the new critical need for parents to directly address screen time and digital media issues in a constructive way. These issues are challenging for any family and doubly challenging when a child is being raised between two households.

Charlie Irvine
Business As Usual? Mediation and the Justice System (5/19/13)
Charlie Irvine
This article considers the under-use of mediation in the UK's second largest jurisdiction, Scotland. The article has three sections: a "myth buster" and two questions. The first examines three popular myths about mediation; the second addresses the question, "How does mediation add value to the justice system"; and the third presents the business case for lawyers, "Why does mediation make good business sense?"

Lester L. Adams
Congregational Conflict: Why Don't We Seek Help (5/18/13)
Lester L. Adams
This article addresses two congregational issues: why we do not seek help to settle our disagreements, and the misguided reasons we use to justify it.


ODR in North America (5/18/13)
Arthur Pearlstein, Noam Ebner, Bryan Hanson
In the chapter, the authors map out the state of ODR private market services and look at our federal government and its potential roles as a major provider and user of ODR services. The US and Canada have not only spear-headed the offering of ODR services. North American institutions were also the first to set up research institutes in this area of dispute resolution, as well as to incorporate ODR into academic curricula.


ODR in Europe (5/18/13)
Graham Ross, Marta Poblet
This paper offers an overview of the present situation of ODR in Europe and discusses effective development of ODR deployments to handle online, offline, national and cross-border disputes in Europe. To do so, we proceed by first defining the scope of ODR and reviewing existing services. We then continue by analyzing the major challenges faced by ODR in Europe and finally conclude by suggesting some future scenarios.

Peter Adler
Expectation and Regret - A Look Back At How Mediation Has Fared In The U.S. (5/17/13)
Peter Adler
In May, 2013, I gave a keynote talk to the Civil Mediation Council in London for their 7th National Conference. The question I was asked to address was: “What should we in England learn from the U.S. mediation experience?” Said differently, what might others profitably take from the explosive growth of court, community and privately offered mediation over the last 25 years in the U.S.? What hind-sights can we offer now that, by some measures, both countries have succeeded in marrying mediation into their civil law systems and legal cultures and what regrets and appreciations do Americans hold?   2 Comments

Mohamed  S. Abdel Wahab
ODR and e-Arbitration – Trends & Challenges (5/17/13)
Mohamed S. Abdel Wahab
This chapter is divided into five sections. In section 1, the author sheds light on the conceptual framework of e-arbitration. In section 2, the issues pertaining to the e- arbitration agreement are scrutinized. Section 3 focuses on e-arbitral proceedings and section 4 addresses e-arbitral awards. Section 5 provides an overview of some e-arbitration projects and initiatives. Finally, the author offers some concluding observations,

Robert Benjamin
Lincoln Unchained: A Principled Hardball Negotiator For the Ages - Film Review (5/16/13)
Robert Benjamin
“Lincoln” is worthy of admission to the elite pantheon of excellent films, few in number, that focus on negotiation. More than merely a well-drawn historical drama, as some have characterized it, the film pushes beyond the simplistic mythology of Lincoln as the great emancipator and savior of the Union to examine the reality of what is required to negotiate difficult human events. Not surprisingly, little has changed in the intervening 150 years, which makes the film deserving of careful review by teachers and practitioners of negotiation and mediation.   1 Comment

Keith Seat
International Mediation Developments - May 2013 (5/16/13)
Keith Seat
This is another in a series of articles on international mediation and ADR updates from Mediate.com News Editor, Keith Seat.

Noam Ebner
eMediation (5/16/13)
Noam Ebner
This chapter beings with a brief discussion of the developmentof e-mediation within the wider context of ODR growth. Next, a snapshot is provided of the field’s status quo with respect to stakeholders, modes of communication and technology utilized, as well as the prevailing trends. The third section addresses substantive and process issues in e-mediation: mediation process models, stages and issues, practitioner skills, professional issues, ethics and practitioner standards.

William Hymes
Dzhokar Tsarnaev (5/16/13)
William Hymes
As we find ourselves satiated with the lurid details of the Boston Marathon Bombing, we notice the comic relief story: “Social Media Shows Support for Alleged Bomber’s Innocence." The temptation here is to either chuckle at Dzhokhar’s supporters’ refusal to accept the incursion of reality into their lives or express anger that there is any support at all for one who seems likely to have committed such an atrocity, and utilize this as an opportunity to allow ourselves to exclude these voices and belittle their message.

James Coben
Mediation Case Law Video: Does Involvement of a Mediator Help Ensure Class Action Settlement? (5/15/13)
James Coben
In Kakani v. Oracle Corp., the appellate court rejected the assertion that the involvement of a mediator helps to prove lack of collusion.

Judd Larson
Fourth and Goal: How The 2011 NFL Season Was Saved (5/15/13)
Judd Larson
The National Football League (“NFL”) labor dispute lasted over 130 days. The specific dispute was a labor controversy over revenue sharing, and effective negotiations were the only thing that allowed the 2011 NFL season to proceed.


ODR and eNegotiation (5/15/13)
Ernest Thiessen, Paul Miniato, Bruce Hiebert
Online dispute resolution (ODR) and eNegotiation are two overlapping components within the world of electronic group decision support systems. eNegotiation encompasses all online transactions in which two or more parties seek an agreement through negotiation. These negotiations can range from e-Commerce to international peace treaties.

Keith Seat
Legal Mediation News - May 2013 (5/14/13)
Keith Seat
Here is another in a series of legal mediation and dispute resolution news updates from Mediate.com News Editor, Keith Seat.

James Coben
Mediation Case Law Video: Enforcing Oral Mediation Settlement Agreement (5/13/13)
James Coben
In the case Ledbetter v Ledbetter, the appellate court considered the issue of whether parties to a divorce mediation should be bound to a settlement orally dictated by the mediator and affirmed by parties and their counsel at mediation, which was later repudiated by one of the parties.

Frank Fowlie
ODR and Ombudsmanship (5/13/13)
Frank Fowlie
This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the Internet Corporation for Assigned Names and Numbers (ICANN).


ODR and the Courts (5/11/13)
Karim Benyekhlef, Nicholas Vermeys
Whilst acknowledging that ODR assumes two roles as a competing and complementing system to state courts, our focus in the following pages shall be exclusively directed to the complementary role of ODR, and to the development of court annexed ODR schemes. Accordingly, we shall commence by providing an overview of how states have started to incorporate ODR into the legal process, and then proceed to shed light on possible future paths for state-run ODR systems.

Laura Lozano
Can a Med-Arb Serve in Two Processes? (5/10/13)
Laura Lozano
Med-Arb is a controversial hybrid of two processes in which parties first go to mediation, and if the process is not successful, they arbitrate. In the “pure” form, the same Neutral assists both processes. But how can an arbitrator who has held discussions with the parties satisfy the requirements of “impartiality” and be a “fair arbitrator?”   2 Comments

Negeen Rivani
Online Mediation: If the Shoe Fits (5/10/13)
Negeen Rivani
As the Internet expanded the opportunities for transactions among buyers and sellers from different counties, several roadblocks emerged during disputes, including the expense of filing a lawsuit in a foreign country, the complex jurisdiction issues, and the distances involved. In response, an online forum surfaced as the most efficient way for the two parties to resolve any potential conflicts. Skeptics of online mediation have resisted the new forum due to the inability to communicate face-to-face and the lack of familiarity with the cyber-environment. Today, however, online mediation is no longer perceived as an experiment. As a matter of fact, the cyberspace model of online dispute resolution has expanded its disputes from simple e-commerce transactions to cater to a wide array of disputes.


The Promise and Reality of Online Dispute Resolution in Australia (5/10/13)
Chinthaka Liyanage, Tania Sourdin
It is clear that Online Dispute Resolution (ODR) has grown significantly in response to local and international factors within Australia over the past decade. This growth is partly attributable to a healthy Alternative Dispute Resolution (ADR) environment within Australia. The use of ADR in Australia is widespread and all Courts and Tribunals now have the power to mandatorily refer disputes to ADR processes.

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For dispute resolution professionals and programs, Mediate.com offers comprehensive web site development, geographically focused online advertising, online continuing education and Caseload Manager technology, training and ongoing support.



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