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The Truth About Deception In Mediation (5/17/12)
Now that the court system has institutionalized the use of mediation in virtually all civil proceedings, trial lawyers are paying closer attention to their negotiation skills. While those skills involve less structured behavior than presenting a case to a jury, they nonetheless involve one common strategy that even the most skilled practitioners refuse to acknowledge: deception.
International Mediation Updates (5/15/12)
Here is another in a series of updates on international mediation development by Keith Seat, Mediate.com Legal ADR News Editor.
Interview of the Week with Michael Lang (5/14/12)
This is the complete interview with Michael Lang, former President of the Academy of Family Mediators and founder of the Antioch University conflict resolution program, filmed for the "Mediate.com Eye of the Storm" Video series.
Mediation or Meditation? (5/14/12)
Much has been written about the human brain in recent times. Eolene reminded us that the brain has two components, the limbic brain, which developed as homo sapiens dealt with primitive conditions and learned the importance of fight or flight. Later, the neo-cortex, the more rational part of the brain, was formed. But the two were – and are – not united. Our emotions could still override logic, especially under pressure. We are not Mr. Spock.
An Experiential Exercise to Dramatize the Five Modes (5/14/12)
Several decades ago, I developed an experiential exercise for classroom and workshop settings in order to accelerate people’s understanding and internalization of the five modes (Competing, Avoiding, Collaborating, etc.). This articles walks readers through that example, and also provides insights for instructors as to why different parts of the exercise works.
On Beating Bullies (5/14/12)
Tackling bullying may involve a counter-intuitive approach. While naming and shaming may leave us feeling morally superior, it might also produce ever more subtle forms of bullying. This article argues that we need to encourage those of us who feel like kicking butts to ‘come in from the cold’.
Update on Home Foreclosure Mediation (5/13/12)
Here is another in a series of updates on home mortgage foreclosure mediation by Keith Seat, Mediate.com Legal ADR News Editor.
Mediate.com Announces Open Access Week! (5/11/12)
Mediate.com now has over 8,000 articles, 4,000 news items and 500 videos. Normally, some sections of Mediate.com are reserved for Mediate.com Premium Members and Subscribers. See Mediate.com Sections. For the week of May 11-18, Mediate.com offers OPEN ACCESS to all site visitors and to all Mediate.com content!
Recent Developments in International Arbitration (5/07/12)
ollowing are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles).
On Negotiation, Extremism and History - Book Review of Brown's and Marriott's ADR Principles and Practice (5/07/12)
The conflict terrain of the last 30 years is an important backdrop to a complete appreciation of ADR Principles and Practice, Third Edition, by Henry Brown and Arthur Marriott, published by Sweet and Maxwell in 2011. The authors, both from the United Kingdom, demonstrate an appreciation for the vagaries of history and gritty realities of mediation, arbitration and conflict management practice garnered from many years of life and professional experience.
Interview with Marilyn McKnight (5/06/12)
This is the complete interview with Marilyn McKnight, former President of the Academy of Family Mediators and Association for Conflict Resolution, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Sixty Things You Can Do This Week (5/06/12)
Below is a list of 60 simple tasks that you can get started on this week. These are designed to be simple tasks that you can do to market your arbitration or mediation practice. It is an excerpt from The Peace Talks Marketing Book.
Because The Other Side Has A Perspective (5/06/12)
“Every truth has two sides; it is as well to look at both, before we commit ourselves to either”. Aesop’s quote made sense over 2000 years ago, and the rest of this story reminds us it’s good advice today. This article examines the scandal at the New York Philharmonic when one patron's cell phone rang continuously--a good reminder to examine both sides' story without forming a conclusion.
A Divorce Lawyer's Suggestions For Mediators (5/06/12)
This article offers advice from a practicing divorce attorney to mediators who are handling divorce cases. He offers his thoughts on how to best resolve difficult divorce cases. Addressed are issues such as whether there should be any limitations as to the parties being allowed to “vent,” whether joint sessions are helpful in divorce mediations, how to handle the situation when one side claims they are not able to settle because they are missing information, and whether potential court outcomes should be discussed.
Planning To Settle Complex Employment Cases? Ten Tips To Increase Your Chance Of Success (4/30/12)
Mediating complex employment cases is like rehearsing for a great performance. Success depends on planning and preparation. The Beatles rehearsed and played their music for 10,000 hours before they were ready for the Ed Sullivan Show. That’s not to say it’s necessary to spend that much time preparing for an employment mediation, but success or failure does often depend on your willingness to invest time in planning.
Interview with Gail Bingham (4/30/12)
This is the complete interview with Gail Bingham, President of RESOLVE, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Real Estate Mediation and Arbitration (4/30/12)
Why Litigate when you can Mediate? Today's consumer has other alternatives in a real estate dispute to avoid the cost and stress of litigation. Two of these alternatives are mediation and arbitration.
In Support of California Assembly Bill 2025 (4/30/12)
This article discusses in detail California Assembly Bill 2025. This bill is currently being considered before the California Supreme Court. AB 2025 changes the rules of mediation confidentiality.
Conflict, Narrow Places, and Rebirth (4/30/12)
As part of the Easter story, we are taught a lesson about the possibility of redemption and deliverance. In fact, we are taught about the miracle of seeing that even one who has lost all life -- that one who has died -- can be renewed and can find life, again ... Whether we are in the midst of our own conflict, or we are someone who helps others to work out conflict, these stories, and the powerful and compatible lessons, provide us with useful guidance.
Interview with Bernie Mayer (4/23/12)
This is the complete interview with Bernie Mayer, co-founder of CDR Associates in Boulder and an instructor at Creighton's Werner Institute, filmed for the "Mediate.com Eye of the Storm" Video series.
The Secret Language Divorce Lawyers Speak (4/23/12)
Lawyers often use idioms rather than legal terms to explain concepts and strategies in divorce law to our clients. Somehow, these idiomatic terms are more descriptive and powerful in describing the dynamics and techniques that are present in a divorce than any other type of language.
The Mediator’s Toolkit – Neutrality and the Mediator (4/23/12)
Neutrality applies to a mediator’s impartiality and refers to the idea that a mediator should not take sides in a dispute or voice an opinion about who is right or wrong in a dispute. While it is critical for a mediator to be impartial, two items must first be examined.
Check the Status, Please (4/23/12)
This story is for you if it’s difficult to tell who the decision makers are on your cases. You are looking for different approaches to influence your adversary. You need to adapt to changing events in order to maximize your client’s settlement.
Ten Common Negotiation Mistakes (4/23/12)
Harvard Business School professors Deepak Malhotra and Max Bazerman wrote one of my favorite negotiation books: Negotiation Genius. There are many powerful negotiation strategies in this book. They also point out seven common mistakes that negotiators make.
Facing Mediation? 5 Strategies (4/22/12)
As a mediation coach, my mantra is “Mediation can be one of the most important days of your life. The decisions made that day can affect you and your family for the rest of your lives.”
Interview with Leonard Riskin (4/17/12)
This is the complete interview with law professor Leonard Riskin, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Russia's New Mediation Law (4/17/12)
Russia’s new mediation law, enacted January 2011, established procedures for resolving civil disputes including those dealing with commercial transactions, business activities and labor relations. The legislation also includes measures that regulate relations between the parties that arise during mediation and that govern the role and responsibilities of the Mediator. The legislation, comprehensive in its description of mediation, is designed to promote the use of the process and is seen as a means of alleviating congestion in the nation’s courts.
Conflict Resolution - The Indispensable Inner Life (4/17/12)
This article highlights the relationship of our thoughts and beliefs to our experience of conflict. It contends that our view of conflict is formed internally and, when left unquestioned, projects and holds itself externally in our conflict situation. It is argued that this dynamic blocks us from seeing anything other than the internal thoughts and beliefs that generated the conflict in the first instance. This also in turn blocks our realization of solutions. The article then points out that mediators are in a critical position to support client examination of conflict producing thoughts and beliefs, giving examples of a few common facilitative techniques that support client questioning of his/her thoughts.
The Mediator as Healer? (4/17/12)
I have been a mediator for years, but only recently have I been toying with the idea that my role is a healer. This is a transition for me and an ongoing process. I am working through this concept and how it affects my identity. I also wonder how it changes my approach to my clients.
Online Mediation Simulations via Skype - Video (4/16/12)
A new pilot project by the Association for Conflict Resolution Hawaii Chapter to show how new and experienced mediators can practice and improve their mediation skills by participating with other mediators in online mediation simulations via Skype.
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