Mediate.com - Complete information about mediation and mediators
--   --
-- -- --    
Follow Mediate.com on TwitterMediate.com Videos on YouTube
ALL SECTIONS  |   ABOUT MEDIATION  |   Civil  |   Commercial  |   Community  |   Elder  |   Family  |   ODR  |   Public Policy  |   Workplace
Subscribe to the Mediate.com NewsletterSign Up Now
Mediators Arbitrators Online Mediators Online Arbitrators
Parenting Coordinators Facilitators Collaborative Professionals Mediating Lawyers

Association for Conflict Resolution Annual Conference

FEATURED MEDIATORS
Search Mediate.com
List by: # Entries  |  Last Name
People: Authors & Interviews

Select Topic:

And/or enter search term(s):  
(separate with comma)

Display abstract?
Show Hide



READ & SEARCH NEWS
07/24/2014

Privatization of justice & "Sharia courts" 

The apex court in its landmark decision on 7th July, 2014 held that sharia courts are not courts as Indian legal does not recognize a parallel judicial system. But then is it not a fact that privatization of justice is fact of life not only in India but in most developed countries? Does our law not recognize arbitration and other alternative methods of dispute resolution? Are not sharia courts and fatwas different and therefore should not be clubbed together? What has been the performance of sharia courts in last 94 years? Has not the latest decision given new lease of life to the sharia courts?


Divorcing Parents: 10 Questions to Ask Before Fighting Over the Kids

Divorce attorney Larry Sarezky has created a short film to stop divorcing parents from engaging in high-conflict custody battles for the sake of the kids. I saw the film, Talk to Strangers, and was dramatically impacted by its message. Larry also provides ten questions divorcing parents should ask themselves before fighting over the kids in court. His years of experience have shown him the consequences for the children involved -- effects they'll experience on a life-long basis. Here are Larry's 10 questions, along with his opening comments about high conflict divorce.


India: Mediation to settle the trouble in family

Over 20,000 cases related to family disputes have been settled in Bangalore with the help of a third party mediator over the last 7 years.  
1. Total no: of cases referred to mediation: 35784
2. Total no: of cases mediated: 27915
3. Total cases not mediated and returned: 5864
4. Total cases mediated and settled: 20534


Can we change the mediation paradigm from voluntary to mandatory?

I have just returned from an enjoyable but hectic visit to the United States. During my stay, I took some time to read up on the family law situation both in the US and north of the border in Canada. It is always intriguing to see such familiar family law touchstones as legal aid and mediation in a completely different context.

READ & SEARCH NEWS
"Mediate.com is open to, and used by, the general public, benefiting all mediators. Mediate.com has become a key component for mediation to reach its "Tipping Point" in becoming first in line of choice for resolving disputes in a non adversarial environment. Mahalo Jim and staff for providing not just a spark, but a beacon for mediation, while at the same time providing excellence in service, reliability, and ease of use."
Leo Hura


More Testimonials
The mystic bond of humanity makes all people one.

New at Mediate.com

James Melamed
Incremental Progress in Mediation: Baby Steps, Strategic Mediation & Less is More (7/22/14)
James Melamed
Taken from Jim Melamed's training manual, these introductory excerpts suggest that progress in mediation is necessarily incremental; that the mediator should in fact strategically focus on baby steps of progress that can be made; and that, in effectively mediating, the mediator should seek to "only do so much as is necessary" to stimulate available progress so as to not over-direct the process and allow participants to claim progress as their own.

Jeffrey Fink
Mediating Inheritance Disputes (7/18/14)
Jeffrey Fink
Inheritance disputes can be difficult to resolve. They are tied up in a lifetime of emotions toward the deceased and every other claimant under the will, as well as personal and spousal expectations of monetary gain. Here are 10 tips and tricks that have helped with this kind of dispute.

Don Cripe
Mediation: A Way Out or Hard Work? (7/18/14)
Don Cripe
After I closed my law practice in favor of providing full-time ADR services, I bumped into an old-time mediator whom I had known for many years. When I told him of the change in my career he commented, “So, you don’t want to work so hard anymore.” This article is my reflection on his observations.

Mary Aderibigbe
Insecurity in Nigeria : Focus on Social Protection (7/16/14)
Mary Aderibigbe
The spate of insecurity has become alarming. There have been calls for stringency of laws to bring culprits to justice. Security operatives go after the perpetrators and turn over those apprehended to the courts -- yet the conditions that breed revolt are worsening. This spells real danger!

Ron Supancic
Dance of Opposites - Book Review (7/11/14)
Ron Supancic
The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.

L. Randolph Lowry
Pioneer Series: Negotiation is Replacing Litigation - Video (7/10/14)
L. Randolph Lowry
Randy Lowry discusses how some have been resistant to mediation education, but how it has been successful in changing legal processes and preventing litigation.

James Melamed
Perception and Parts in Mediation (7/10/14)
James Melamed
Seeking to be an effective mediator is a both challenging and fascinating endeavor. Essentially, the mediator is asked to assist participants who have some measure of disagreement, or at least lack of agreement, to reach sufficient agreement so as to be willing to call the situation "resolved." In this sense, the mediator seeks to move participants from "the circle of disagreement" to the "circle of agreement."

Ann Gosline
Remembering Jonathan Reitman (7/10/14)
Ann Gosline
We lost a leader and wise teacher of conflict resolution when Jonathan Reitman passed away on June 7th after more than a decade of working and living with cancer.   1 Comment


20 Questions Every Corporate General Counsel or Head of Litigation Might Very Well Ask (7/09/14)
Deborah Masucci, Michael Leathes
Being responsible for resolving a large number of disputes for any organization is a stressful occupation. It involves risk, cost and resources and navigating between leadership and management, success and failure as well as blame and experimentation. Although there is no magic bullet, the task can be aided considerably by harvesting the answers to the following twenty questions, and devising an action plan where weaknesses are exposed.


Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations (7/09/14)
J. Ryan Lamare, Tom Stipanowich
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward alternative dispute resolution (ADR).


Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play (7/09/14)
Zachary Ulrich, Tom Stipanowich
The Straus Institute recently conducted two major surveys of dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators, and a survey of experienced mediators with the cooperation of the International Academy of Mediators. These studies produced a wide array of new information on arbitrator and mediator practices and perspectives that we hope will contribute to debate and discussion on many current professional issues. We are presently writing these up. The first fruit of these studies is the just-completed article Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, which leads off the new Yearbook on Arbitration and Mediation.

James Melamed
Mediation: A Fascinating Journey (7/08/14)
James Melamed
Mediation is a fascinating journey. It is rational and irrational, cognitive and intuitive. And there is no shortage of challenge!

Frank Sander
Pioneer Series: Concerns and Optimism for Future - Video (7/07/14)
Frank Sander
Frank Sander reflects on his concerns within the field, which include the tension of quality vs. quantity of the practice, the lack of studies of cost effectiveness, disappointments with the court system fees, and the difficulty of getting more young people/apprentices into the field. However, he's optimistic about the future of mediation.

Richard Salem
Pioneer Series: CRS in Battle of Wounded Knee - Video (7/07/14)
Richard Salem
Richard Salem describes agency cutbacks as Community Relations Service was preventing violence in the Battle of Wounded Knee.

Bruce Provda
GPS and Divorce Mediation (7/07/14)
Bruce Provda
GPS systems are starting to make their way into divorce proceedings. When infidelity is suspected, being able to produce digital confirmation of an spouse’s movements can provide powerful ammunition and lay a strong foundation for the remainder of the mediation process.

Benjamin Seigel
Minimizing the Litigation Risk in Mediation (7/07/14)
Benjamin Seigel
Litigation is risky, uncertain and expensive. Mediation works when the factors discussed are put into play and when they are not, mediation may not have been the proper path to follow.   1 Comment

Carrie J. Menkel-Meadow
Pioneer Series: Is Mediation A Field? - Video (7/05/14)
Carrie J. Menkel-Meadow
Carrie Menkel-Meadow shares her thoughts about how mediation is a field, a sensibility a mindset that is shared and used in very different situations.

Joan B. Kelly, Ph.D.
Pioneer Series: Families Closer Post-Divorce - Video (7/04/14)
Joan B. Kelly, Ph.D.
Joan Kelly describes a research finding which concluded that families who mediated during the divorce had father's who were significantly more involved in their children's lives twelve years post-mediation.

Katherine Triantafillou
Being Grateful for Whatever Comes (7/04/14)
Katherine Triantafillou
Most mediation training sessions in the United States usually end somberly with handshakes, the exchange of business cards and perhaps a last bite of the refreshments that have been laid out for snacks during the day. Not so with the energetic group of mediators and facilitators who completed the third and final leg of training of the Athens Migration Dialogue Project in Athens, Greece.

Howard Bellman
Pioneer Series: Mediators Use Instinct - Video (7/01/14)
Howard Bellman
Howard Bellman talks about how little training and literature there was about mediation and being trained by senior mediators who used their instinct, which led him to mediate by instinct.

Chris Moore
Pioneer Series: Essence of Mediation - Video (7/01/14)
Chris Moore
Chris Moore shares a piece of a Robert Frost poem which he thinks represents the essence of mediation: finding a common good among people with different interests and different needs.

Richard Barbieri
A Song of Loss for Divorce Mediators (6/30/14)
Richard Barbieri
I was recently asked to give a presentation in an advanced seminar on Mediating with Families in Transition. I thought at first of the many film scenes that I have previously utilized, from the opening of Wedding Crashers to The War of the Roses. I then realized that most of my artistic experience of lost love comes through music, rather than film, and so I prepared a new presentation based on favorite songs about the effects of divorce.   1 Comment

Michael P. Carbone
The Hopeless Case (6/30/14)
Michael P. Carbone
This article discusses the reason why many clients are adverse to mediation: "This is a hopeless case; we are too far apart." The common refrains about being too far apart explain why mediation is needed. If the two sides were close, they would probably settle the case on their own. The reason why they need a mediator is that they are polarized.   1 Comment

Savannah Steele
Lack of Consumer Interest in Binding Arbitration Agreements (6/30/14)
Savannah Steele
This article takes a look into the Am. Exp. Co. v. Italian Colors Rest Supreme Court ruling, attempted Congressional remedies, and current studies on the rights of consumers in regards to binding arbitration clauses.

Constance Ahrons
Pioneer Series: Old Dissolution Model Was Damaging - Video (6/29/14)
Constance Ahrons
Constance Ahrons discusses the pre-joint-cutody model for the relationship between Ex-spouses. The cultural norm was to have no relationship, because that meant that the ex-spouses where hanging on.

Nina Meierding
Pioneer Series: Cultural Sensitivity while Training - Video (6/27/14)
Nina Meierding
Nina Meierding discusses her approach to mediation training in other countries. This involves being culturally sensitive, not imposing the Western model as it may not be useful for other cultures and their ways of problem-solving.

Sid Lezak
Pioneer Series: Early Views of Field - Video (6/27/14)
Sid Lezak
Sid Lezak talks about how he viewed the field when he first started out. It was like a 'religion' for him and any opposition or criticism made him even more dedicated to the practice and advocacy of mediation.

Jeffrey Krivis
The Settlement Drift (6/21/14)
Jeffrey Krivis
The "drift" in our ability to go to war, as written about by Rachael Maddow, is similar to what has become of modern mediation in the litigation arena. Initially a product of the desire for more efficient and cost effective settlements, the mediation session was initially seen as the final play in the drama. Now, almost 25 years later, the mediation session has transformed itself into just one additional step in the litigation menu. The process has become strained to the point that the current approach is to schedule mediation without any sense of urgency. It is done to comply with a court order or simply as a matter of practice, now often with no expectation of finality.   1 Comment

Mark Baril
Conflict Systems at Work in Startups (6/20/14)
Mark Baril
Behind most disputes is a system that perpetuates the problem. Uncovering the system will reveal why these negative conflict outcomes keep coming back, and, hopefully, how to fix them for good.

Heather Pincock
Does Mediation Make Us Better? (6/20/14)
Heather Pincock
The prevailing measures of success of mediation have largely examined settlement rates. I examine this among many other things in an empirical study that asks: Does Mediation Make Us Better? This article contains a video that summarizes the study, and a link to the entire article.

Jerry Green
Three Distinct Embodied Languages (6/18/14)
Jerry Green
As a mediator, I am often in the middle of tense situations. Through Aikido, I have learned to be aware of how that tension affects me physically and to prevent it from spilling into the mediation room.

James Melamed
Competition, Collaboration and Integrity at the World Cup (6/15/14)
James Melamed
As a former soccer player and professional mediator, I now think about the World Cup and soccer in terms of how we interrelate as human beings, focusing on issues of competition, collaboration and integrity. There are many lessons to be learned and a very special opportunity at risk of being missed.

Caryn Cridland
How to Encourage Perspective-Taking (6/13/14)
Caryn Cridland
When people get angry or upset, they have the tendency to forget to look at other possible circumstances or view points of the situation. They look at just the behaviour and not the possible intentions or causes of the behaviour. It is the mediator’s role to help the parties to see other view points. The article explores examples of situations where perspective-taking can be beneficial. It also explores strategies that encourage perspective-taking. These include telling stories where the participants have been pushed to a point, examining their own behaviour and looking at common values or goals.

Dr. Lynne C. Halem
Post-Divorce Blues: Unresolved Issues and New Problems Unsettle Divorced Spouses (6/13/14)
Dr. Lynne C. Halem
Months, even years, of haggling and anxiety were finally at an end. A new beginning was in the offering. Yet the initial relief, may be filled with sadness, and may well be short-lived. Divorced couples are often faced with agreements that do little to help them navigate an evolving, and even rocky, future. Mediation provides an agreement which is clear and specific as to beginning points and ends, as to the details of property, support, and the children, including education, death, and taxes, provides insurance for protecting couples from the surprises of tomorrow. agreement which is clear and specific as to beginning points and ends, as to the details of property, support, and the children, including education, death, and taxes, provides insurance for protecting couples from the surprises of tomorrow.


Meditation Enhances Mediation: A Six Sigma Perspective (excerpt) (6/13/14)
Tony Belak, Pradeep Deshpande
The importance of including meditation in mediation efforts is explained. A considerable body of evidence in the scientific literature, as well as reputed media publications, are supportive of the hypothesis meditation will enhance workplace mediation programs. Together they will lead to less workplace discord and workforce conflict, as well as offer improvements in health, wellness, quality, productivity, and competitive position.

Nina Meierding
Pioneer Series: Gender and Culture in Mediation - Video (6/12/14)
Nina Meierding
Nina Meierding explains putting theory to practice regarding studies of gender and culture in mediation. She describes being sensitive and respectful of diverse thought processes and communication methods.

Sid Lezak
Pioneer Series: Humor, Rapport, and Experience - Video (6/10/14)
Sid Lezak
Sid Lezak describes how he uses humor to lighten the mood of parties coming in and help them focus on what is in their best interests. He also talks about his vast experience and how his responses can be somewhat automatic.

Chris Moore
Pioneer Series: Problem Solving vs. Transformative Mediation - Video (6/09/14)
Chris Moore
Chris Moore talks about mediators who are problem solvers and those who attempt to transform the relationships and moral views of the parties; Moore's position is somewhere in the middle.

Kenneth Cloke
Pioneer Series: Mediation Skillset is Essential for our Survival - Video (6/08/14)
Kenneth Cloke
Kenneth Cloke discusses the significance of mediation and how the world needs to learn these skills in order for us to survive as a species.

John Sturrock
Collaborative Scotland (6/06/14)
John Sturrock
Scotland is having a referendum on its constitutional future. As I write this, it is only a few months until we vote. Whatever the outcome in September’s referendum about independence for Scotland, in this country we will all need to work hard to ensure that we can live well together after the referendum.


"Conflict - The Unexpected Gift" Book Review (6/06/14)
Jack Hamilton, Elisabeth Seaman
Conflict is a common aspect of life that is extremely difficult to avoid because each person is different from others and arrives at his or her own conclusions about the behavior of others and the events in a situation. Although conflicts may seem unavoidable, one can actually learn how to work through them and come out with a better relationship in the end. The book “Conflict—The Unexpected Gift: Making the Most of Disputes in Life and Work” presents a highly detailed and comprehensive approach to resolving interpersonal conflicts.

Julian Ernesto Sccasso Losa
El Arte de la Negociación - en Espanol (6/06/14)
Julian Ernesto Sccasso Losa
La aplicabilidad de la negociación en la formación militar permitirá preparar al hombre de armas en los distintos mecanismos y habilidades para lograr resultados exitosos antes de llegar al conflicto. En ese sentido estoy haciendo esfuerzos para concientizar sobre la necesidad de formar al personal militar en el conocimiento y dominio de esta disciplina. Entre las actividades que he realizado al respecto está la publicación de algunos artículos en revistas especializadas (militares) que hacen referencia a la aplicación del los MARC en la actividad castrense.   1 Comment

Jay Folberg
Pioneer Series: Field Combined Law and Social Work - Video (6/05/14)
Jay Folberg
Jay Folberg describes early on in the field when he, as a lawyer, collaborated with psychologists and social workers and they learned from each other.

Robert Benjamin
The Art and Practice of Second-Guessing Negotiated Deals (6/03/14)
Robert Benjamin
The recent exchange of "the last POW " American soldier in the Afghanistan War for five Guantanomo prisoners, reported to have been mediated by Quatar between the Taliban and the United States, has drawn scathing criticism. Beyond the politics, it highlights the unique vulnerability of negotiated and mediated agreements to second-guessing. Ironically, the secrecy and informality that often make negotiative processes work also breeds skepticism and doubt. This re-published article remains timely and relevant to an understanding by all practitioners, that negotiation and mediation are risky businesses.

Don Philbin
Book Review: Short and Happy Guide to Mediation (6/03/14)
Don Philbin
Will Pryor's "Short and Happy Guide to Mediation" is both. You can read it in a sitting, and probably will. But it covers the waterfront too. Pryor teaches the latest negotiation theory, but the focus is decidedly on applying it in practice. The book not only helps neutrals, it helps parties and their advocates better utilize the process to maximize results.

Click here for MORE ARTICLES

Mediate.com is the world's most visited ADR web site and offers the world's most used ADR Directories and over 15,000 searchable articles, news briefs and videos. Join our ADR Directories here.

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.



to top of page






Academy of Professional Family Mediators

Copyright 1996-2014 © Resourceful Internet Solutions, Inc. All rights reserved.
(951) California
Family / Divorce
Laura Rosauer
List Here
Change Area Code:  
(CA)
Pepperdine Univ. Dan Simon Steven Rosenberg
List Here
Local Arbitrators
(951) California
Donald Cripe
List Here
CA listing CA listing CA listing

Mediate.com University Online Streaming Courses and Resources

Featured Placement at Mediate.com