The sudden death of a secret middleman helping to secure the release of 25 Lebanese servicemen held hostage by Islamist militants on the Syria border and the Lebanese Army’s offensive against militants nestled in the hills on the country’s northeastern border with Syria will not affect negotiations on a swap deal, a senior security source told The Daily Star Thursday.
Mediators are embracing new technology, says Graham Boyack. In today's world so much of what we do is increasingly done either on the telephone or online and that’s now beginning to happen with mediation too. In today’s justice system there are a number of good reasons to look at online dispute resolution. I’ll look at those reasons, how mediation online works and what needs to be done for it to happen.
That is too much taxpayer money at stake not to make sure the process goes as smoothly as possible. If $6,000 is what it takes, then stacked against $43.5 million, it seems like an acceptable cost for a better guarantee of productivity.
Resolving human rights complaints in this province once took years, and often involved ugly legal battles and plenty of ill feeling. Before the province's Human Rights Code was amended in 2011, it took an average of four years to settle complaints through a slow and often-combative tribunal system. Since then, the Saskatchewan Human Rights Commission has focused on mediation, resulting in many complaints being resolved in weeks or a few months at most.
South Dakota should offer mediation services for landowners who are in drainage disputes, the state Senate decided Wednesday. Senators voted 32-2 for the legislation. Senate Bill 3 now goes to the House of Representatives. The mediation program would be operated with the state Department of Agriculture. The participants would pay for services.
In 2013 China shifted its principle of “non-interference in other countries” to one of active conflict resolution in some of the world’s most intractable contexts: Israel-Palestine, Myanmar, and Afghanistan. This shift reflects a growing confidence, certainly a growing need for China to be more globally engaged. But while it may be a welcome foray, its success will be muted at best unless China can overcome one major blind spot: religion.
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United States has become a party. To date, 154 countries have signed the New York Convention. With this backdrop in mind, in July 2014 the United States submitted a proposal to the United Nations Commission on International Trade Law (UNCITRAL) Working Group II that it develop a convention on the enforcement of conciliated settlement agreements for international commercial disputes. In February 2015, UNCITRAL Working Group II held meetings in New York, where it considered this proposal with the goal of reporting to UNCITRAL on whether such a project was feasible.
In an undercover video played at his federal kidnapping and extortion trial in Trenton, New Jersey Monday, Rabbi Mendel Epstein is seen telling undercover FBI agents that he works as a mediator in disputes with the Mafia, the New York Daily News reported. Epstein and three co-defendants, including his son and two other haredi rabbis, are charged in a kidnap-for-hire scheme meant to force recalcitrant husbands to issue their wives a Jewish bill of divorce known as a “get.” Among Epstein’s tools to achieve that aim was allegedly an electric cattle prod, earning him the moniker “The Prodfather” from New York City tabloids.
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A person never discloses their own character so clearly as when they describes another's.
Be Less Certain—and More Flexible (2/27/15) Bernard Mayer The challenge we face is how to be adaptable but still focused and effective. To meet this challenge, we need to remain clear about our fundamental purpose, to keep working on refining our skills and enhancing the range of approaches we can take to achieving those purposes, to commit to diversifying our field, and to maintain a clear hold on our values and ethical principles.
Revolution Calling (2/27/15) John Licciardello The Need For Increased Coordination Among Divorce Professionals:
The divorce experience starts early...perhaps in the therapists office and the Wednesday reading group where the decision is made...quietly... to move on. And once the papers are signed there are months of recovery, both financial and psychological, until a sense of "normal" is achieved. The whole process can take several years from start to finish, and involves a host of professionals. So it is no small surprise that the outcomes are varied and often poor.
Don't Rush (2/26/15) Christian Radu Chereji, Constantin-Adi Gavrila There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number of lawsuits filling the logs of the courts and then draw the inevitable conclusion that mediation has missed the opportunity of (be)coming mainstream.
Mediating Divorce Agreements: The Problems and the Potential (2/26/15) Larry Gaughan It was really exciting to be part of the divorce mediation movement when it became national around 1980. Almost everyone seemed to be aware of the problems with the adversarial system of divorce, and mediation held the promise of a process that was more personal and far less expensive and time consuming. Mediation training was mainly focused on divorce agreements, and those training courses rapidly became a major source of income for the trainers.
Ética y Profesionalismo del Mediador: Una Receta Para el Éxito Profesional (2/26/15) Josefina Rendon Hace varios años en Houston, Texas, asistí a una interesante presentación sobre acuerdos escritos y otros temas de mediación para abogados. La diferencia entre los dos exponentes me pareció tan diferente que todavía los recuerdo después de tantos años. Un exponente habló en términos de movidas, estrategias y “trucos del negocio”. El otro habló en términos de buenas prácticas y normas éticas.
Time Traveling (2/25/15) Jan Frankel Schau Litigation and mediation need to change in the future. People have new expectations about interacting with professionals, and the wise mediator will make note of these changes and incorporate these new trends in their practice.
Branding the Industry of Mediation (2/20/15) Leslie Short We were all trained to be aware of “what's in our bags” or to phrase it differently, what each person brings to the table. Then we’re told you must not bring anything to the table but the ability to listen and ask open-ended questions.
The Mediation Future (2/20/15) Tracy Allen So long as market users , i.e. the true decision makers, remain dependent on their legal counsel to select, direct and control the mediation/negotiation process, there is likely to be little advancement in public education about the importance and availability of mediation.
APR: Alternative Political Resolution (2/20/15) Alex Azarov Mediation has proven to me that adversarial litigation is an archaic way to resolve many of our conflicts. I think it's logical that we the best for the future is to use mediation to resolve the political deadlocks that are plaguing our societies, transforming democracy from the divisive popularity contest that it has become to the participatory civic engagement that so many have fought for.
Philosophy of Mediation (2/13/15) Zeno Daniel Sustac When we speak about the philosophy of mediation we inherently have to relate to the philosophy of law and the philosophy of conflict. The philosophy of mediation is a present-day subject and of interest among the specialists in the Alternative Dispute Resolution field.
We Need a Better Consensus About Negotiation Theory (2/13/15) John Lande In previous posts, I argued that there are serious problems with the general consensus on negotiation theory reflected most clearly in Getting to Yes. I described problems with the system of negotiation models, which assumes that most or all negotiations can fit into two models of highly-correlated variables (or a few variations of these models).
Ambiguity and Mediation (2/06/15) Jacques Joubert Some time ago I acted pro deo – instructed by the state but literally meaning for God – for a client who was on trial for murdering his victims with the heavy wooden handle of a pickaxe. It was a difficult case, but I learned a lot about high conflict mediation.
The Business of Mediation (2/06/15) Becky Bartness Many mediators are drawn to this field because they have a calling to help. This article reminds us that the work we do is valuable. It is important to see mediation as a legitimate business--and then the public will begin reflecting that view.
After the Conflict is Resolved (2/06/15) Jeffrey Fink It does not matter who you are, or whether you are fighting on behalf of yourself or your organization. As a conflict is prolonged, people repeat and rehearse the story over and over again in their minds. When it is time to move on, it can be hard to disengage.
Negotiation Advocacy and the Future of Alternative Dispute Resolution (2/03/15) Nathan Witkin One promising and yet underdeveloped segment of the alternative dispute resolution movement is negotiation advocacy. Roles such as collaborative attorney and conflict coach are allowing ADR practitioners to enhance their clients’ experience at the negotiation table with communication coaching and a style of advocacy that is cooperative in nature.
The “Peter Principle” Revisited (2/03/15) Elizabeth Kent In celebration of its 20th year, Mediate.com has challenged us to think about the future. Where should the field be 20 years from now? I decided to look to the past, and specifically at one person, to learn from past experience about what has helped to move the field forward.
F=T(Q+I) F = The Future; T=Trust; Q=Quality; I=Information (2/02/15) Deborah Masucci, Michael Leathes The Future of mediation hangs on several factors. Probably the most important is Trust. If mediation is not widely trusted by users, it has a mediocre future. This is simply because mediation depends on the parties, who usually do not trust each other, fully trusting the mediator and the mediation process. Unfortunately, mediation appears to stand some way down the trust stakes.
Mediation Past, Present, and Future…. (2/02/15) Michelle Brenner Mediation has been part of the story of mankind. The word mediation may be part of the 20th century English vocabulary, but the meaning behind it has roots and seeds that have been developed as long as mankind has existed.
Without Compulsion: Teaching Mediators Empathy (1/30/15) Gregorio Billikopf When we are in conflict, our counterparts become our enemies. We block positive feelings we may have about them. We may try and bravely think of something good to say, but emotional leakage gives away the pain we are feeling. It is difficult to move our counterpart out of the enemy camp, and even more difficult to say something positive about him or her.
Technology (1/30/15) Joe Markowitz If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include technology. Technology is already enabling us to do things that would have been unimaginable only, say, 20 years ago.
Beyond “Half Full or Half Empty” - Getting the Right Glass (1/27/15) John Kenyon The mediation field continues to debate its future with optimists and pessimist talking past each because fundamentally we do not agree on what constitutes mediation. The article takes a different perspective and suggests several ways to tackle the thorny issue of definitions along with using a practitioner to manage these divisive issues.
Truths in Advertising (1/26/15) Howard Gadlin Several times in the course of my life I’ve been involved with a cohort of people who envisioned themselves as a possible vanguard of fundamental social change even while they were pursuing professional careers In fact, many of the early mediation practitioners were also veterans of civil rights and anti-war activities who were drawn to ADR as an alternative path to justice, equality, and social change.
The Police and the Public: A Mediator’s Reflections (1/23/15) Richard Barbieri In a society where media coverage and public concern shift rapidly from one headline to another, tension surrounding the deaths of Michael Brown and Eric Garner seems to have exceptional durability and to be spilling into numerous venues, not least the conflict between New York’s police and its mayor. What insight can mediators offer as we seek to understand, and perhaps avoid, such escalating situations in the future?
Joint Sessions: More Arrows in the Mediation Advocacy Quiver (1/23/15) Daniel Ben-Zvi, Caroline Vincent While private caucuses and shuttle diplomacy successfully produce settlements, attorneys who also choose to advocate directly to their opposition in joint session are availing themselves of more arrows in the attorney’s quiver. Mediators Daniel Ben-Zvi and Caroline Vincent encourage attorneys not to overlook this valuable tool and discuss strategies to use in conjunction with joint sessions to provide the most favorable resolution for their clients.
A Movement Toward Empowerment (1/22/15) James Stovall I want to comment on the future of mediation by talking a bit about the past. Whenever I train a group in mediation I make an attempt to locate mediation within a historical context reminding people briefly of the invention of hierarchy and top-down decision-making. Think of a giant ship making a turn in a new direction. It doesn't happen instantly.
The Future of Mediation: Toward a Conflict Revolution (1/18/15) Kenneth Cloke We evolve, not only as individuals, but as couples, families, groups, organizations, societies, economies and polities, both in the nature of our conflicts and in our approaches to resolution, moving from simple to more complex, nuanced and skillful forms. But in order to evolve, it is necessary for us not merely to settle or resolve the particular conflict we are facing, but also its hidden coda, essential nature, or binding principle, by learning the secret lesson it took place in order to teach us.
Educación y Paz Integral Sustentable y Duradera - en Espanol (1/16/15) Eduardo Andres Sandoval Forero En el presente capítulo exponemos algunas ideas sobre la paz integral, su sustentabilidad y durabilidad. Abordamos la relación de la paz integral con la educación, entendida como un subsistema en el que se presentan conflictos, violencias, variedades áulicas y dinámicas de respeto y aplicación de los derechos humanos, de tolerancia, reconocimiento a las diversidades y praxis de cultura de paz.
Hope for The Future of Mediation Internationally (1/13/15) John Sturrock My own work has taken me into the legislatures of many of the assemblies and parliaments in the countries of the United Kingdom to train and coach members in “scrutiny skills”. I believe that many politicians do understand the real value of this training at an individual level. I believe that they wish to move away from the time-consuming, energy-depleting, morale-sapping and often futile game of positional politics. They sense that this change is what their constituents want too.
Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field? (1/13/15) Nina Meierding In the author's experience as a mediator in over 4,000 cases and in almost thirty years of working with advocates, consulting attorneys, and collaborative lawyers, she believes that all forms of mediation are valuable processes which each have their place in helping parties move forward in their conflicts. She takes no position on the "best" process, only that self-determination remains the ultimate goal of any form of mediation. She is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.