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Mediation Today

    09/06/2010
  • Judge refers Lebanon Township ambulance dispute to mediator
  • 'No better mediator' than the Catholic Church in Cuba, assert dissident
  • Thomas: A mediator with big ideas
  • Train drivers' dispute heads to mediation
  • Abbas seeks active US mediation in Mideast talks

  • read all

Week's Best Blogging

  • US MSHA Unveils Pilot Mediation Program
  • Bully Boss Or Just A Tough Cookie?
  • She Negotiates The End Of The Glass Ceiling
  • A Way Out Of The Prison Of No Man's Land. Use The Key Of Music
  • Physician Survey Reports: 4.5% Of Medical Liability Cases Resolved By ADR
  • New Jersey Court Green Lights Provider-Patient Arbitration Agreements
  • Taking The First Step To Heal Conflict
  • The Second Appellate District Revisits Mediation Confidentiality
  • Mediator Needed To Change Ground Zero Mosque Dialogue

    read all

Week's Video Picks

  • Clarence Cramer: Safeguards for Mediating Domestic Violence Issues
  • Susan Carpenter: Cross Cultural Experiences
  • Juliana Birkhoff: Deeper Understanding, Less Judgment
  • Greg Bourne: Art and Science of Mediation
  • James Coben: Mediation Skills That Lawyers Should be Taught

    See All Videos
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Week's Article Picks

  • Hunting for Deception in Mediation – Winning Cases by Understanding Body Language
    by Jeffrey Krivis & Mariam Zadeh
  • Tips For More Effective Negotiation For Attorneys
    by Richard Barron
  • Becoming a Conflict Competent Leader
    by Craig Runde and Tim Flanagan

    read all
Mediate.com Case Manager

Mediate.com Testimonials

"I received your email blast about the 10th Anniversary of mediate.com—it seems very nearly impossible that time has passed so quickly. I have enjoyed watching your progress and I have always marveled at the enthusiasm and energy of you and John (as well as your hard working supporting cast). You have brought much to our community of peace makers and epitomize the spirit and perseverance of mediators everywhere who, as you know, really live in “Never-Say-Never Land” (I just made that up). You keep up the good work, and I’ll keep watching."
Ken Bryant

More Testimonials

Worth Considering

The only completely consistent people are the dead.

New at Mediate.com

Frank Sander
Frank Sander: Qualifications in Mediation - Video (8/30/10)
Frank Sander
Frank Sander discusses his involvement in the field of dispute resolution.

Jack Goetz
Courtroom "Intake" Speeches For Civil Harassment And Small Claims (8/27/10)
Jack Goetz
Courtroom speeches encouraging mediation evolve readily from the application of well recognized principles that support the advantages of mediation. Since courtroom time is often limited, this article presents a practical approach to using those principles in developing a five minute presentation that has been utilized in civil harassment and small claims settings.   1 Comment


Skill Building And Personal Growth Through NVC Mediation Triad Practice (8/27/10)
Ike Lasater, Julie Stiles
When we work with our own conflicts in the course of learning to mediate, it offers opportunities for us to gain skill in mediation while simultaneously transforming our conflict. In teaching NVC mediation using an experiential three-chair model, I encourage people to put their own conflicts into the role-plays and switch between the chairs during practice. Doing so allows us to receive empathy while taking on different perspectives. The result is often a transformation in how we see the conflict.

Michael Jacobs
The Boundaries Of Engagement (8/27/10)
Michael Jacobs
People come to mediation in pain – and sometimes leave in the same state. Having endeavoured to make a difference – and failed – where does this leave us in terms of our professional engagement?   3 Comments

Jerry Ashton
Collection “Best Practice” Long Overdue: The Option Of Mediation (8/27/10)
Jerry Ashton
In the 30-plus years in which I have been in the credit and collection field, first starting out in the world of the collection agency, I found my preferred way of doing business evolving to provide alternative A/R management tools and training to a variety of business customers.

Carl Schneider
Carl Schneider: Training Mediators to Take Risks - Video (8/26/10)
Carl Schneider
Carl Schneider talks about how he trains mediators to have "no resistance" and how that requires risk-taking.

S. Glenn Sigurdson
Glenn Sigurdson: Helping People Change Their Perspectives - Video (8/26/10)
S. Glenn Sigurdson
Glenn Sigurdson talks about the notion of perception and how people's perceptions evolve and change over time and the role of the mediator is to create a safe environment for that to happen.


Wallace Warfield, George Mason Professor and Conflict Resolution Expert Dies at 71 (8/26/10)
From the Washington Post - August 26, 2010 - Wallace Warfield, George Mason professor and conflict resolution expert, dies at 71


NAFCM and Mediate.com Announce Agreement to Bring Community Mediation Programs to the Forefront of Online Case Administration and Communication (8/25/10)
The National Association for Community Mediation and Mediate.com have announced a long-term partnership to enhance community mediation programs in the U.S. and globally. This bold undertaking will place Mediate.com’s new ADR Case Manager and its innovative MeetingSpace technologies into the hands of hundreds of community mediation centers and tens of thousands of volunteer mediators over the next three years.

r.d. benjamin
The Mediator in Technocracy: The Future of Conflict Management Practice (8/24/10)
r.d. benjamin
Conflict management work should fare well in the rapidly proliferating administrative and bureaucratic maze of what is becoming known as the technocracy. Based on a belief in the power of rational governance to correct complex issue, a gaggle of laws have been generated requiring constant interpretation and untold agencies which often work at cross purposes and threaten to produce as many snafus as solutions. The only salvation may well be the human touch of negotiators and mediators who are able to skillfully work creatively and common sensibly outside the bounds of traditional notions of rationality to bring about workable solutions.

Andrea Bartoli, ICAR Director
ICAR and Mediation Field Mourn the Loss of Wallace Warfield (8/24/10)
Andrea Bartoli, ICAR Director
Our respected colleague and friend Wallace Warfield passed away August 21, 2010. Also see Washington Post obit.   3 Comments

Vivian Scott
“I’m Sorry You’re Such A Crybaby” Isn’t Really An Apology (8/23/10)
Vivian Scott
You’ve more than likely heard one before and you may have even delivered a few yourself--an apology that isn’t really an apology at all. You know the ones; the zingers, veiled threats, and personal attacks that the speaker believes should earn him points for saying he’s sorry.   2 Comments

Jeffrey Krivis
How Did They Price The File? (8/23/10)
Jeffrey Krivis
Knowing how the other side has priced the file will give you a leg up in the negotiation and will help you understand the background behind the negotiation moves that occur.   1 Comment

Mary Aderibigbe
Family Life-Line Through Wide-Base Support (8/23/10)
Mary Aderibigbe
Family matters are not suited for resolution in the court because of its adversarial nature. It increases hostilities, bitterness and escalates conflicts hurting children. Mediation is beneficial in family matters. Mediation is private and aims at amicable settlement, but this is not yet fully embraced in Nigeria. Mediation can also be practised in collaboration with other services to reconcile and strengthen families.

Sig Cohen
Giving Back Or Just Giving It Away: Can Mediators Empower Others If We De-Value Our Own Expertise? (8/23/10)
Sig Cohen
This article analyzes why mediators volunteer their expertise to court systems and government agencies. The author examines the policies of court systems that ‘employ’ mediators and concludes that, as long as mediators give away their skills and experience, the courts will do little or nothing to enhance mediator compensation. The writer further questions whether mediators who offer their services for little or nothing have the capacity to advocate for their own best interest.   5 Comments

Chris Moore
Chris Moore: Contexts in which the Center for Dispute Resolution Works - Video (8/20/10)
Chris Moore
Chris Moore talks about the focus of CDR's work: large, multi-party disputes that often involve the public, organizational and policy-level work, and work in international disputes.

Carrie J. Menkel-Meadow
Carrie Menkel-Meadow: Value-Based Mediation - Video (8/20/10)
Carrie J. Menkel-Meadow
Carrie Menkel-Meadow talks about her early experiences with Gary Friedman and their efforts to bring humanistic psychology to law. The value-based mediation process still informs her practice.

Leonard Riskin
Leonard Riskin: Changing Lawyers' Understanding of Resolving Disputes - Video (8/20/10)
Leonard Riskin
Leonard Riskin saw certain unahappiness in law schools that he linked to the adversarial process of settling disputes. Instead of a win-lose scenario, he attempted to help lawyers see and use mediation as a way to open their minds to a more positive process that would satisfy parties' underlying interests and needs.

Clarence Cramer
Clarence Cramer: Safeguards for Mediating Domestic Violence Issues - Video (8/17/10)
Clarence Cramer
Clarence Cramer talks about the basic safeguards for clients in a domestic violence dispute, emphasizing protection.

Steffi Berkowitz
Finding Common Ground - The Untold Story (Free The Senses, Free The Party) (8/16/10)
Steffi Berkowitz
The primary focus of this article which is to help practitioners understand the importance of finding common ground for parties’ sensory information processing differences as well as their dispute differences. By creating a mediation framework that is more inclusive and user friendly, a practitioner minimizes party frustration, maximizes party engagement opportunities, and empowers communication. This article demonstrates how a party’s sensory processing ability can be compromised by a mediator’s chosen framework.   2 Comments

Trip Barthel
Learning Styles In Mediation (8/16/10)
Trip Barthel
Each one of us is unique in how we perceive and process the world around us. These perceiving and processing qualities are known as learning styles, and when they meet, they can lead to anything from the highest levels of agreement to the deepest chasms of division.

Donal O’Reardon
Can Religious Differences Be Mediated? (8/16/10)
Donal O’Reardon
Religious beliefs regularly motivate actions that cause conflict between people. From the point of view of mediation, it is natural to ask whether conflicts that have their source in religious views can be mediated and, if so, what might the framework of such a mediation look like? This article argues that religiously motivated conflict can be mediated, but that there are criteria that must be satisfied for such a mediation to take place. Mediation too, must look at itself and understand that some of its basic ideals (autonomy and self-determination) mean it can only mediate if these values are endorsed by both parties.   3 Comments

Barbara Brown
A Practical Bibliography of Books for the Mediation Practitioner (2010 Update) (8/16/10)
Barbara Brown
This is an update of the Mediation Bibliography first published in 2008.   1 Comment

Susan Carpenter
Susan Carpenter: Cross Cultural Experiences - Video (8/15/10)
Susan Carpenter
Susan Carpenter shares her experiences as a mediation trainer in other cultures and how she approaches different systems.

Juliana Birkhoff
Juliana Birkhoff: Deeper Understanding, Less Judgment - Video (8/14/10)
Juliana Birkhoff
Juliana Birkhoff explains that the more she mediates, the more understanding she gains about parties' motives, which helps her overcome thoughts of it being a 'black and white' issue.

Greg Bourne
Greg Bourne: Art and Science of Mediation - Video (8/13/10)
Greg Bourne
Greg Bourne discusses how both art (intuition and experience), as well as science (theory and structure) are part of the mediation process.

James Coben
James Coben: Mediation Skills That Lawyers Should be Taught - Video (8/13/10)
James Coben
James Coben shares types of mediation skills that can be taught to lawyers interested in alternative dispute resolution: listening, conflict theory, and empathy.

Charles B. Parselle
In Defense Of Conflict (8/09/10)
Charles B. Parselle
I wonder if one can really regard civil lawsuits as being about conflict at all, or mediating them as being about bringing peace into the room. It seems to me that lawsuits are essentially about adjusting interests, mostly financial interests. In mediating litigated cases we help shift money around the table, though clearly litigants often feel relief, especially if they win.

Alan Sharland
What Is A Bully? (8/09/10)
Alan Sharland
How a commonly used word is often not explored to clarify what is meant when someone uses it - and how that lack of clarity can lead to powerlessness.   3 Comments

John Sturrock
We All Have A Part To Play In Coalition’s Success . . . Or Failure (8/09/10)
John Sturrock
We all know something really interesting happened in British politics with the agreement of the Conservatives and Liberal Democrats to work in coalition. What is interesting is the reaction. People don't quite know how to deal with it. We are accustomed to an adversarial approach in politics. So, the observations now tend to focus on the differences and potential areas of disagreement – and where it might go wrong.

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