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Richard Millen Memorial: Mediator as a Way of Life (3/11/10)
Richard Millen, a mediation pioneer, teacher and leader, has has died at the age of 89 from cancer. True to his indomitable spirit and desire to bring peace into the lives of everyone he could touch, Richard was was still mediating to the end! The following essay describing Richard was originally written in 2004 by Laurel Kaufer as part of the Southern California Mediation Association's inauguration of the annual Cloke – Millen Award.
Mediation World Loses a Patriarch (3/11/10)
I am deeply saddened to announce that Richard Millen passed away today. Most mediators in southern California knew and were touched by Richard, whether they knew it or not. He was a motivating power in forming the first court-annexed mediation program in California, in founding the now-mighty Southern California Mediation Association (SCMA), and served on boards and committees advising on mediation policy until his last months.
Mourning the Passing of a Great Friend, Mentor, Lawyer and Mediator, Richard Millen (3/11/10)
I don't think there's a mediator in town who didn't know and love Richard. Now, you'll excuse the presumption, a "real" mediator at any rate.
Elegant Solutions: Lessons from the Farmer-Lender Mediations of the 1980s (3/11/10)
In the case of mortgage foreclosure, laws that allow the lender to collect the debt by foreclosing on the security pledged are a workable and predictable system of conflict resolution. However, when unforeseen and cataclysmic events occur that cannot be controlled or predicted by either side to the original contract, application of the usual legal remedies may prove unworkable. In the case of the lender/homeowner relationship, that may extend over a 30-year period, there may be occasions where it is necessary to change the terms of that contractual relationship. This was true in the case of farmers and bankers in 1985, and it is true of homeowners and their lenders today.
Further Beyond Reason: Emotions, the Core Concerns, and Mindfulness in Negotiation (3/09/10)
Negative emotions can impede good negotiation, especially good interest-based negotiation. Positive emotions can foster good negotiation. This article integrates Fisher and Shapiro's "Core Concerns System" with the author's ideas about mindfulness in mediation.
Gender Bias in ADR (3/08/10)
This is the list of blog postings compiled by Diane Levine and Victoria Pynchon on Gender Bias in ADR which have been posted in celebration of International Women's Day and Women's History Month.
The Benefits Of Facilitated Meetings In Guardianships And Conservatorships: A Case Study (3/08/10)
I recently was involved in a case involving an elder with dementia that is a wonderful case study and a great example of the benefits of an early intervention/facilitated family meeting. The names and some of the facts have been changed to protect the identity of those involved.
Preparation: The Key To Mediation Success (3/08/10)
This article offers a list of key issues and concerns to address, in advance of commercial mediation, in order to enhance the likelihood of successful outcomes.
AFCC Wins ASAE’s 2010 Award of Excellence (3/08/10)
Association of Family and Conciliation Courts (AFCC) is one of only 13 organizations nationally to receive an Award of Excellence in the first round of the 2010 Associations Advance America (AAA) Awards.
Video: Eye of the Storm Leadership (3/08/10)
This is a video introduction to "Eye of the Storm Leadership" by Peter Adler, Ph.D. - 150 Ideas, Stories, Quotes, and Excercises On The Art and Politics of Managing Human Conflicts. See the book and complete video at www.eyeofthestormleadership.com
Mediation Video: Mediate or Litigate - You Decide (3/08/10)
This flash video was developed by Mediate.com staff member Gary Dorr.
The Case For Caucuses (3/08/10)
A response to Laurie Israel’s January 10, 2010 article, “To Caucus or not to Caucus – That is the Question,” that includes reasons why mediators should embrace the resources of the caucus. Two divorce mediators require caucuses with each party as part of their process. Reasons to caucus include obtaining clearer information about the dynamics of the relationship, understanding the separate perspectives each brings to the mediation table, discovering sensitive issues such as abuse or intimidation that might not otherwise surface until too late, and more.
Sample Mediator’s Opening Statement (3/08/10)
How many of us have fumbled through an opening statement? In our view, the following is an example of a COMPLETE opening statement. Developed It includes every aspect of the "how's, why's and wherefore's" of mediation and the mediation process. Hopefully, you will find it useful in guiding you in the development of your own personal opening statement.
Mediation Video: Local Politics Often Lie Behind Geopolitical Negotiations (3/07/10)
Robert Mnookin discusses how international negotiators are commonly domestic politicians with a concern about domestic stakeholders and conflicts 'behind the table."
Mediation Video: Quality Mediation Takes Time (3/07/10)
Mediators have an obligation to educate future mediators and the public about mediation and this is a process that takes time; some courts put pressure on mediators to settle in a certain number of sessions and this creates muscle mediation, or forcing the parties into settlement.
Mediation Video: Discussion of Beyond Reason (3/01/10)
Roger Fisher talks about his recent book, Beyond Reason and explains the importance of emotion. Negotiators should build rapport by expressing their appreciation of the other party/parties, expressing affiliation, autonomy, acknowledging each other's status or expertise, and choosing a fulfilling role.
Successful Scaling In Mediation (3/01/10)
By means of so called ‘scaling questions’ mediators can help their clients to express complex, intuitive observations about their past experiences and estimates of future possiblities. Scaling questions invite clients to put their observations, impressions and predictions on a scale from 10-0.
The Peacemaker’s Vision And The Open Door (3/01/10)
According to Webster’s New World Dictionary, a door is a means of access, a structure for opening or closing an entrance. When God sets an open door before us, it is often a pathway that leads to blessing. In my years as a peacemaker, I have seen God open doors to help people become able to settle their differences with each other. The disagreement may appear impossible to resolve. But, when God steps in, suddenly the impossible becomes possible.
The Mortgage Foreclosure Crisis: Can We Talk? (3/01/10)
This article places in historical perspective the depths of the current real estate crisis and summarizes the federal and state efforts to stem the foreclosure meltdown it has created. More importantly, it addresses the limited range and other flaws in the current governmental initiatives and suggests why mediation may offer a better alternative – an alternative which can offer a wider range of more economically viable, long-term options for both residential and commercial properties.
The Opportunity Of Climate Change - Yes, Of Course We Can (3/01/10)
I attended COP15 as a delegate from Mediators Beyond Borders (MBB), an international group of mediators from over 20 countries. We were there to advocate for the use of mediation and other collaborative processes in climate change negotiations and disputes.
Mediate.com Featured Blog for March, 2010 (3/01/10)
Here are the best of Mediate.com's Featured Blogs for March 2010.
Killing Mediation: The Specialized, Professionalized And Neutralized Mediator (2/23/10)
Developing a distinct field and profession of mediation has been a goal of many practitioners for many years. As an unintended consequence, practice effectiveness has been compromised and the integrity of mediators as ‘honest brokers” has been undermined. Specifically, mediators have sought to become more specialized in practice and become preoccupied with promulgating overwrought professional standards and ethical canons in order to seek legitimacy and acceptance on par with established traditional professions. In so doing, much of the core systemic perspective vital for competent mediation practice has been abandoned and the range of motion and creativity essential for a mediator to nurture agreements in difficult matters has been severely cropped and circumscribed.
Adaptability & Fried Pickles (2/22/10)
Adaptability and having an open mind is something as a mediator and conflict resolver I am always reminding parties or clients to keep in mind while they negotiate or plan their next interaction with another party.
Becoming A Better Mediator By Mediating Your Inner Dialogue (2/22/10)
As mediators our work necessarily involves being with people who are in conflict. In the process, our own reactions to conflict in general and to the subject matter of the conflicts we mediate become stimulated. These reactions make it critical that we care for ourselves in order to continue the work of stepping into the conflict arena.
Good Leaders Are Good Mediators (2/22/10)
If you work on organizational or employment conflict, you will be very pleased to know that the latest trend in ideas about leadership focuses on the need for excellent conflict resolution skills. This trend is good news not just for mediators, but for all those who work in organizations where the lack of conflict resolution skills was often seen as a sign of strength.
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