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Context, Consequences And Conditions: A Book Review On “Non-Adversarial Justice” (7/26/10)
‘Non-Adversarial Justice’ provides a cognitive map of the present terrain of alternative, additional and appropriate ‘other than adversarial’ ways and means of delivering justice.
A Review Of Lawyers As Peacemakers: Practicing Holistic, Problem-Solving Law (7/26/10)
According to Ms. Wright, there is a rapidly expanding like-minded legal community out there, actively practicing the concepts of peacemaking, problem-solving and conflict-healing. Ms. Wright has been instrumental in telling these lawyers’ stories and bringing them together. Over a dozen years of her findings are culminated in her new ABA publication, Lawyers as Peacemakers: Practicing Holistic, Problem-Solving Law.
The Peacemaking Option For Divorce And Dissolution Of Domestic Partnerships: How Family Scientists Support Interest Based Conciliation And What This Means For Separating Couples (7/26/10)
The family sciences offer an approach for facilitating conciliation of the seemingly conflicting interests and needs of divorcing couples, and those dissolving domestic partnerships, that may be adapted by legal and other professionals to the task of mediation and peacemaking. By understanding the crisis of divorce, family scientists may help educate lawyers, and the clients themselves, to become peacemakers.
Reconciliation: Moving Past Divorce (7/26/10)
After separation and during the divorce process, you likely have become angry, resentful, and hostile towards your spouse. When our relationships become threatening, such as a damaged marriage relationship, we protect ourselves by forming a negative image of the other person. This negative image helps us live on with our lives, without experiencing psychological disintegration.
Challenging Neutrality, Examining Privilege And Encouraging Practitioner Self-Reflexivity: A Social Justice Approach To ADR (7/19/10)
Being mindful of our biases and examining the role of privilege and power associated with our cultural background better prepares us to enter cross-cultural conflict situations as ADR practitioners.
Dispute Prevention As Cure: The Auction Form Of Negotiation (7/19/10)
The authors of “Deal Maker: Lessons From the Blind Master Negotiator” discuss auctions as negotiations.
Civil Rights Claims & Unaffordable Arbitration: Lack Of Employee Access To Arbitration (7/19/10)
The decision by the New York Court of Appeals in Brady v. The Williams Capital Group, L.P., 2010 WL 1068163 (N.Y. Mar. 25, 2010) should cause us to note that some employer mandated arbitration agreements not only take away an employee’s right to sue the employer in court, but as well, impose arbitration costs\expenses on the employee.
Old Wine New Wineskins And Lawyers (7/19/10)
If Perry Mason sat down with you at the mediation table to discuss prospects for resolving a civil case, would you consider him to be an asset or a liability towards the success of the mediation process?
Marital Agreements Upheld in Massachusetts (7/18/10)
The Supreme Judicial Court of Massachusetts on July 16, 2010 answered in Ansin v. Craven-Ansin the long-deferred question of whether a marital agreement should be recognized. The answer is "yes." Their reasoning centers around the spouses’ freedom to contract, "permitting the parties to arrange their financial affairs as they best see fit.”
Sid Lezak: Influential Childhood Experiences - Video (7/18/10)
Sid Lezak relates some of his early childhood experiences in Chicago that he believes may have lended to his interest in accommodating others, negotiating, and 'getting along'.
Bernard Mayer: Mediators not Making Big Enough Difference - Video (7/17/10)
Bernard Mayer explains that his biggest concern is that mediators are not making a big enough difference in larger, current conflicts. He offers two reasons for this.
Marilyn McKnight: Belief that Mediation Needs to be Separate from Courts - Video (7/17/10)
Marilyn McKnight discusses how court-connected mediators' first duty is to the court, not the client.
Michael Lewis: Connecting with Parties Involved - Video (7/16/10)
Michael Lewis speaks of the importance of making a connection with all parties involved in a dispute. His experience is that making that connection helps him help people come to an agreement.
International Mediation Developments (7/13/10)
This article, by Mediation News Editor, Keith Seat, summarizes recent International developments in the world of mediation.
Chapter One of Lawyers as Peacemakers, Practicing Holistic, Problem-Solving Law (7/12/10)
This is an Chapter One of Lawyers as Peacemakers, Practicing Holistic, Problem-Solving Law by J. Kim Wright. A comprehensive overview of a movement, the book explores many peacemaking approaches including restorative justice, therapeutic jurisprudence, collaborative law and, of course, mediation, plus holistic problem-solving approaches like drug treatment courts. In this excerpt, Wright explores the paradigm shift that is occurring in law.
The Road Less Traveled: A Review Of J. Kim Wright’s Lawyers As Peacemakers: Practicing Holistic, Problem-Solving Law (7/12/10)
The idealism that drew many of us to law school endures, evident in the work of lawyers who have reclaimed their role as compassionate defender of justice, skilled negotiator brokering peace, or principled leader wielding influence. These lawyers have their champions and spokespersons, notable among them J. Kim Wright, publisher and editor of CuttingEdgeLaw.com, an online community and magazine for lawyers. Wright today coaches and inspires lawyers who seek to bring an ethos of care, mutual respect, and humanity to the way they practice law.
Learning To Forgive In Divorce (7/12/10)
Often overlooked, divorcing spouses struggle to forgive their spouses and themselves. This inability often prevents them from being able to reach an optimal settlement, whether in mediation or litigation. Dina Haddad sets out a guideline for divorcing spouses to begin the forgiveness process in the context of the divorce setting.
Michelle LeBaron: Three Differences in Conducting Trainings - Video (7/11/10)
Michelle LeBaron talks about three things she does differently in mediation trainings she conducts: not role-playing, deepening capacities instead of teaching skills, and not teaching culture in modules.
Jay Folberg: Approaches Differ - Video (7/10/10)
Jay Folberg explains how different professionals practice mediation differently, depending on their backgrounds. As a lawyer, he brings more legal knowledge to the parties.
William Hartgering: Practicing Empathy With Parties - Video (7/09/10)
William Hartgering talks about his awareness of how difficult mediations can be, no matter how good the mediator is. He emphasizes importance of being empathetic in every mediation.
Update on Home Foreclosure Mediation (7/09/10)
This article, by Mediation News Editor, Keith Seat, summarizes recent developments in the world of foreclosure mediation.
Prison Inmates to Receive Prestigious Peacemaker Award (7/08/10)
Fifteen women, all inmates, most, “lifers,” will receive the 2010 Cloke-Millen Peacemaker of the Year Award by the Southern California Mediation Association. How is it that women, with dark pasts, serving time for murder and manslaughter, can be honored as Peacemakers?
Mediation In Politics And The Politics Of Mediation (7/05/10)
The practice of mediation and negotiation in political dealings appears so obvious and inextricable so as to deny the need for explanation. So I have often been taken aback by criticisms of many of the articles I have written observing and commenting on the use of these strategies by political figures and in political or politicized contexts. Those criticisms are not mild.
No Risk? No Hope Then Either (7/05/10)
I witnessed with alarm a recent ruling of the US Supreme Court regarding the U.S. PATRIOT Act. This Act makes it illegal to give support of any kind to groups listed by the US government as terrorist groups, even if the support is designed to end violence.
“Happy Wife, Happy Life” and Mediation (7/05/10)
Did you ever hear the expression “Happy Wife, Happy Life”? This overused adage seems to help some people (generally husbands) focus on their wife’s happiness in order to secure a peaceful, happy marriage. Surprisingly, the concept may have some academic support.
Usurpation Of Freewill In The Age Of Discretion (7/05/10)
Life is more manageable through aging because conflict resolution is an ability that can be perfected through practice.
Mediate.com Featured Blog for July, 2010 (7/05/10)
Here are the best of Mediate.com's Featured Blogs for July 2010
Susan Carpenter: Steps of Change in a Social Movement - Video (7/04/10)
Susan Carpenter talks about the different steps that facililtate a successful social movement starting with awareness. After awareness, people need to be empowered and these two steps are critical before people can begin the negotiation process for change.
Joan Kelly: Describing the book "Surviving the Break-Up" - Video (7/04/10)
Joan Kelly talks about the central themes of her book, "Surviving the Break-Up". These include: impacts on children of different ages, impacts on the parents, reactions to the visiting relationship post-divorce, developmental impacts and behaviors over time.
Jay Folberg: Oregon Allowing Lawyers to Mediate - Video (7/03/10)
Jay Folberg discusses the rough process of getting the state of Oregon to rewrite its ethical standards so that lawyers could practice mediation.
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