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READ & SEARCH NEWS
02/27/2015

Mediator’s death, Army clashes will not affect swap deal

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.


India: An alternative to legal woes

The author talks to the people from the Foundation for Comprehensive Dispute Resolution who strive to make mediation more accessible


Courts aren’t always best place to resolve disputes

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.


Mediator an acceptable cost for productivity

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.


Editorial: Mediation brings the right result to human rights complaints

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 Senate OKs adding drainage mediation

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.


Can Atheistic China Play Conflict Mediator in ‘God’s Century’?

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.


Do We Need a New York Convention for Mediation/Conciliation?

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.


Alleged Prodfather Rabbi Mendel Epstein Claims To Be Mafia Mediator

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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Bernard Mayer
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.

John Licciardello
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.

Larry Gaughan
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.

Jan Frankel Schau
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.

Greg Rooney
Rebooting Mediation by Detaching from the Illusions of Neutrality, Just Outcomes, and Balanced Power (2/23/15)
Greg Rooney
I would submit that the next quantum leap for the theory and practice of mediation is to detach from the concept of neutrality as a core element of mediation practice. I propose to reboot the profession of mediation by championing the proposition that mediators are not neutrals. That they bring their own personal history and professional expertise to the process of assisting parties who are in dispute.

Leslie Short
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.

Tracy Allen
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.

Alex Azarov
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.

Katherine Triantafillou
The Art of Conversation and The Future of Mediation (2/20/15)
Katherine Triantafillou
Although I am pretty good at envisioning the future, I don’t really have any grandiose images of the future of mediation. Rather, I have some cautionary tales and a few suggestions for how we might impact the future and avoid the pitfalls of insularity.

Zeno  Daniel Sustac
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.

Jennifer Winestone
Mandatory Mediation: A Comparative Review of How Legislatures in California and Ontario are Mandating the Peacemaking Process In Their Adversarial Systems (2/13/15)
Jennifer Winestone
This article examines the evolution of two mandatory mediation programs in the state of California and the province of Ontario, how they differ, and the lessons we can take from each program's successes and failures.

John Sturrock
The Mediator's Log: A Mediation Story - Section 3 (2/13/15)
John Sturrock
The Mediator's Log gives a step-by-step diary of a mediator's day as he moves through a complex negotiations. This is the final step of the mediator's negotiations.

John Lande
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).

Mary Aderibigbe
The Importance of Preventive Law to the Growth of Mediation (2/10/15)
Mary Aderibigbe
We are in the information era marked by influx of ideas, data flexibility and improved efficiency. This information age has to a large extent contributed to global decline in career and employment opportunities.

Jacques Joubert
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.

Becky Bartness
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.

Jeffrey Fink
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.

Donal O’Reardon
The Transpersonal is the Future of Mediation (2/04/15)
Donal O’Reardon
The future of mediation and conflict resolution is the transpersonal. “Transpersonal” means a view of the person as more than their conscious mind.


Integrating Conflict Management and Workplace Mediation Practices: A Blueprint for Future Practice (2/03/15)
Craig Runde, Daniel Dana
A key motive for closer integration between workplace mediation and conflict management processes is the desire of organizational clients to control costs. In a manner similar to the evolution from litigation to alternative dispute resolution, organizations are increasingly recognizing the advantages of improved ability of managers and employees to manage their conflicts at the lowest possible level and at the earliest possible time.

Nathan Witkin
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.

Elizabeth Kent
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.

Michelle Brenner
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.

Robert Benjamin
The Place of an Old Fashioned Deal Broker in the Future of Conflict Management: An Interview with Kenneth Feinberg (2/02/15)
Robert Benjamin
Robert Benjamin recently interviewed Kenneth Feinberg for Mediate.com about his career over the last 30 years. He has managed the settlement of complex and difficult claims in the wake of some of the largest catastrophic events we have faced as a society and has pioneered an approach that has altered, not only the legal landscape, but also our culture. Read the interview in this article.

Elizabeth Kent
Celebrate Groundhog Day! How Punxsutawney Phil Helps Me Help People (1/30/15)
Elizabeth Kent
Many people I work with experience the Groundhog Day phenomenon in their lives and interactions, leading to unsatisfying conversations, a failure to have conversations about important things, and further conflict.

Gregorio Billikopf
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.

Joe Markowitz
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.

William Ury
William Ury “Getting to Yes with Yourself” – 53 min. Video (1/29/15)
William Ury
Renowned negotiation expert William Ury visited Google's Cambridge, MA office to discuss his book, "Getting to Yes with Yourself (and Other Worthy Opponents").

John Kenyon
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.

Howard Gadlin
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.

Richard Barbieri
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.

James Stovall
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. 


Mediate.com Announces Mediation Futures Project (1/20/15)
Jim Melamed, Robert Benjamin, Clare Fowler
In Celebration of our 20th Year, Mediate.com has announced The Mediation Futures Project. Ultimately, our goal is to develop a set of blueprints for the mediation field most effectively moving into the future. Submit your article or comment today!

Debra Oliver
Mediation: Centerpiece of World Recovery (1/20/15)
Debra Oliver
This articles examines the future of mediation as a tool for global improvement. There are a variety of venues where mediation might prove to be the only answer for entrenched conflict.

Kenneth Cloke
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.

Jennifer Winestone
Best Interests and Little Voices: Child Participation in the Family Mediation Dialogue (1/17/15)
Jennifer Winestone
This article examines the circumstances in which the child's perspective and inclusion is appropriate in divorce mediation and provides guidelines for achieving a safe inclusion process.

Eduardo Andres Sandoval Forero
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.

John Sturrock
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.

Nina Meierding
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.

Robyn McDonald
The Critical Role of Mediation in Bridging the Access to Justice Gap (1/09/15)
Robyn McDonald
For more than a decade, Colorado has worked to provide access to justice (ATJ) for its indigent and modest means citizenry. Despite efforts by the bar and the courts, the state continues to struggle in its pursuit. What has been so often overlooked, however, is how mediation provides the courts and litigants an affordable, efficient option to resolving many disputes.

Cris Pastore
Alimony in PA: Friend or Foe in Divorce? (1/09/15)
Cris Pastore
Alimony has become the "black sheep" of divorce law, often viewed as evil, spiteful and punitive. In my opinion, these perceptions are greatly misguided. I see alimony as entirely moral and appropriate, but only when it is necessary. Read my article to understand why.

Jon Warner
Conflict Theory (1/09/15)
Jon Warner
Everyone experiences conflict in their life so it should be no surprise that it also occurs in the workplace. However, organizational conflict theory says there are several varieties of conflicts within a given enterprise, with interpersonal being only one type. Departments have conflicts with one another, senior managements have power struggles and teams/organizations even have conflict with other teams/organizations.

Bill Marsh
Who's Running the Show? (1/09/15)
Bill Marsh
Noted mediation thinkers such as Robert Bush and Joseph Folger write an empassioned challenge to the profession “Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination”, arguing that mediation has shifted radically away from the party self-determination which is its essence.

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