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READ & SEARCH NEWS
08/23/2014

The Jews Of Iran, Quietly Defying All That's Wrong In The Middle East

Surprisingly, there are about 30,000 Jews in Iran — the largest community in the Middle East after Israel — and half of them live in Tehran. "Every community has its own problems," one says, "But we live well here. There are more than 50 synagogues in the city, and a Jewish ghetto never existed here like it did in Europe. We are free to follow our religion as we please.


Protecting Self-Determination in Mediation

At one point in a mediation, the parties appear to be stuck. The mediator offers a suggestion on how to resolve the dispute. Shortly thereafter, the parties sign an agreement based on that suggestion. Has the mediator violated the ethical standards relating to self-determination? For many of you, this brief description captures a typical mediation, so the thought that this could be a violation of an ethical standard may seem preposterous. We believe that closer examination is required.


What Works Best to Help Stop Bullying in Schools?

Bullying in schools has been recognised as a serious and pervasive problem now for at least two decades. There is now also evidence, including from the UK and other European countries, North America and Australia, that traditional forms of bullying in schools have decreased modestly over the last decade or so. This is very likely due to the increase in work to prevent bullying. Yet much still persists. In 2010, the EU Kids Online project found 19% of children were victims of bullying and 12% bullied others. A recent follow-up study in 2014 suggested an increase in cyberbullying, though not in traditional bullying. Figures elsewhere are not dissimilar, although prevalence rates vary greatly in terms of how it is measured and how bullying is defined.


Muslim Scholars Suspend Mediation in Case of Abducted Soldiers

The Association of Muslim Scholars announced on Friday after a meeting with PM Tammam Salam at the Grand Serail that they will no longer mediate in the issue of releasing abducted soldiers. The Muslim Scholars comittee stated that its mediation would stop in order to allow room for other parties to settle the abductees' file. Around 20 Lebanese soldiers and policemen were kidnapped by terrorist groups, including mainly ISIL and Nusra, during the recent clashes with the army in Arsal before they withdrew and moved the hostages to the barrens of the town at the International borders with Syria. Media reports mentioned Friday that the negotiations with terrorist kidnappers has deteriorated as they demanded the Lebanese government to release extremist prisoners in return of freeing the hostages.


How mediation of patent disputes differs from litigation

Patent litigation can be extremely expensive and time consuming. A patent infringement case of even moderate complexity can cost millions of dollars. A protracted litigation can also damage a company’s business development strategies while important intellectual property rights are expiring. The outcome of patent litigation is also always uncertain. For these and other reasons, it is often desirable to seek an alternative to the litigation process. Mediation is a well-accepted means of dispute resolution. The mediation process involves the parties to a dispute engaging an impartial mediator to facilitate a negotiation process. 


Pre-nuptial Agreements Increasing In the UK

The demand for prenuptial practicalities is on the rise, with one London company reporting a 50% rise in people inquiring about pre-nups. This upsurge could have been partly prompted by the Law Commission’s suggestion that a pre-marriage agreement should form part of the marriage reform, and that pre-nups should be given the kind of legal weight which they’re afforded in Scotland.


6 Questions to Ask About Your Company's Mediation Process

The use of alternative dispute resolution (ADR) by U.S. companies—now encompassing all industries and every type of commercial dispute—has evolved in scope and application over the past 30 years. Notably, as corporate counsel have sought to gain greater control over associated costs, scheduling, duration, relationships, confidentiality and settlement outcomes, mediation has become an integral early step in the corporate dispute resolution process, intended to resolve cases in advance of litigation without significant legal risk, expense or publicity.

READ & SEARCH NEWS
"I wanted to thank you for having such an informative site. I have been searching for a book on how to choose a mediator unsuccessfully. You have provided me with the tools I need to feel confident about surviving the mediation process as an individual up against a large insurance company with a team of lawyers. Thanks."
JB


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Mark Baril
MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two) (8/22/14)
Mark Baril
Med-arb is the melding of two well-established processes for conflict resolution into one hybrid process. Mediation and Arbitration are used in conjunction with one another and, in the truest form of med-arb, the same third-party neutral plays the role of both mediator and arbitrator. In this paper, the term med-arb refers to this pure form that uses the same neutral, and is distinct from the common process where different neutrals are used in a mediation phase and an arbitration phase.

Judy Ringer
Conflict Resolution for Kids (8/22/14)
Judy Ringer
My good friend and colleague, Thomas Crum, taught me a lot of what I know about having hard conversations. A method he uses with children - the BLT - is so simple and easy to remember, I often use it and have found it to work very well with children and adults: Breathe, Learn, Talk.

Ken Johnson
The Good and Bad of Conflict (8/22/14)
Ken Johnson
As conflict professionals, we should strive to understand the subject of conflict in all its various forms. However, the large majority of the industry only desires to resolve conflict. Indeed, conflict can be beneficial (anabolic) or destructive (catabolic). Knowing the difference can give businesses and other organizations a catalystic edge to take them to the next level.


Time for a Mediator’s Hippocratic Oath? (8/19/14)
Deborah Masucci, Michael Leathes
It is one of the defining characteristics of professions whose stakeholders invest great trust in their practitioners. Doctors make the Hippocratic Oath. Accountants, lawyers, police officers, elected officials, social workers, veterinarians and others in a position of trust also make various forms of oaths. Yet mediators do not make an oath, even though mediators are invariably taken into parties’ trust. Should mediators make a Hippocratic-style oath?


“Talk To Me”: What It Takes To Be An NYPD Hostage Negotiator (8/18/14)
Hugh M. McGowan, Ph.D., Jeff Thompson
Crisis and hostage incidents are known for being stressful, unpredictable, tense, anxiety-filled, and emotionally driven. Add to this volatile concoction is that these incidents often can involve violence that has been threatened or having already occurred. Amidst these chaotic incidents New York City Police Department hostage negotiators emerge to provide the antidote to the ensuing turbulence.

Cris Pastore
Using the 17 Factors of Alimony in PA in Divorce Mediation (8/15/14)
Cris Pastore
Curious about how alimony is determined in Pennsylvania? Read this comprehensive article and learn about alimony and about the 17 factors the court considers in determining it.

Rolando Perez
La Mediacion en Costa Rica y el Papel del Mediador (8/15/14)
Rolando Perez
La mediación es un método de Resolución Alterna de Conflictos (RAC) de naturaleza auto-compositiva que busca solucionar las diferencias a través del dialogo. En ese sentido, es un método en el cual un tercero imparcial, llamado mediador, interviene en un conflicto entre dos o más personas a solicitud y con la anuencia de las mismas, con el fin de ayudarles en la búsqueda de soluciones pacíficas, cooperativas y mutuamente satisfactorias.

Mark Baril
MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part One) (8/15/14)
Mark Baril
Med-arb is the melding of two well-established processes for conflict resolution into one hybrid process. Mediation and Arbitration are used in conjunction with one another and, in the truest form of med-arb, the same third-party neutral plays the role of both mediator and arbitrator. In this paper, the term med-arb refers to this pure form that uses the same neutral, and is distinct from the common process where different neutrals are used in a mediation phase and an arbitration phase.

Ben Ziegler
Adding Verbal and Non-Verbal Communications Capacity in Virtual Contexts (8/11/14)
Ben Ziegler
Working virtually can put the squeeze on our full range of verbal and nonverbal communication skills. This is a given with it comes to nonverbal. When we’re in the same physical space together, the success of our communication effort is mightily influenced by our nonverbal, visual, actions. Where is body language, and tone of voice, in a tweet or Facebook post? Fortunately, there are virtual ways to add back some of our lost communications capacity, both verbal and nonverbal.

Don Cripe
Shooting Yourself in the Foot (8/08/14)
Don Cripe
One of the earliest “learned professions” in the Western world is the law.  A reading of ancient history from the earliest beginnings of Western civilization will reveal allusions to lawyers.  Popes, kings and feudal governments in medieval Europe relied heavily upon lawyers to guide them.  Yet, from early days and primarily because of the educational and status advantages lawyers held over most of society, the profession has suffered from poor public opinion and criticism; literature and in popular culture with the onset of the “lawyer joke.”

Alberto Elisavetsky
Observatorio del Conflicto Social - en Espanol (8/08/14)
Alberto Elisavetsky
En un contexto social de alta litigiosidad, bajo apego al cumplimiento de las normas que regulan la vida social, el incremento de la violencia como forma de intercambio interpersonal y el uso del poder como forma demasiado extendida de resolver diferendos, parece oportuna la creación de un Instituto del Conflicto, que profundice y articule actividades académicas y sociales, en el nuevo y vasto campo de la resolución de conflictos.

Oran Kaufman
On What Level Are We Mediating? (8/08/14)
Oran Kaufman
How do you define success in mediation? The answer depends in part on who is asking the question? Success for the parties may be different than success for the mediator or success for the court. This article explores the question of how to define success in mediation from a variety of angles including what does success mean for the mediation profession?

Kevin Boileau
The Myth of Mediation Neutrality - book excerpt (8/08/14)
Kevin Boileau
The traditional view is that a mediator is a neutral, third party who helps two or more conflicting parties cooperatively resolve their differences. Interestingly enough, this belief is analogous to the Cartesian-Newtonian epistemological position that holds that one can be an independent observer of an objective world, in science or in daily life. However, I am skeptical about this position, both epistemologically and clinically. What remains an open question is whether a mediator can actually ever be a “neutral third.”

John Sturrock
Beware of Ultimatums When Negotiating (8/01/14)
John Sturrock
Good negotiation involves lots of client moves, client satisfaction, flexible negotiators, . . . and few ultimatums. Remember these tips in order to get the best agreement for your client.

Ralph Kilmann
Do Your Surrounding Systems Support Your Inner Self? (8/01/14)
Ralph Kilmann
Are your surrounding systems separate from your inner self? I would like to address the observation that we typically define our sense of self as being separate from our surrounding systems. So I ponder: What are the consequences of keeping our sense of self (some integration of ego, soul, and self-worth) separate from our surrounding systems?

Maria Eugenia Sole
Mediación Comunitaria, Redes Sociales, y Javier Mascherano - en Espanol (8/01/14)
Maria Eugenia Sole
Mediación comunitaria, redes sociales y Javier Mascherano en nuestra mesa De la “hombría” a la “caballerosidad”. En las últimas horas las redes sociales se vieron inundadas de referencias a Javier Mascherano, capitán “sin cinta” de la selección de futbol argentina, exaltando su hombría de bien, su temple, perseverancia y espíritu de equipo.


What the Supreme Court of India Got Right and What it Got Wrong (8/01/14)
Niyata Samir Ghandi
The Kluwer Arbitration Blog published an outsider’s perspective on the decision of the Supreme Court of India which has been applauded by international practitioners around the world since it curbed the jurisdiction of Indian courts over an arbitration agreement supplementing the pro-arbitration jurisprudence coming from the SCI over the last two years. The writer has commented not only as an outsider but also and more particularly as a Civil Lawyer, proposing an excellent alterative to the court’s approach. However, it may be necessary to have an insider’s perspective on the judgment.

Michael Leathes
Book Review: The Variegated Landscape of Mediation (7/31/14)
Michael Leathes
Never before has an attempt been made to capture the distinctive qualities and differences that combine to make mediation eclectic and also truly comprehensible. Until now. The Variegated Landscape of Mediation (Eleven International Publishing, July 2014) is a collaboration of around 90 of mediation's thought leaders from around the world. It is the first work that explains on a global plane how mediation has cross-pollinated itself into such a kaleidoscopic display of both consistent and contradictory features.

Keith Seat
Legal Mediation News - July 2014 (7/29/14)
Keith Seat
This is another in a series of updates on Legal Mediation News from Mediate.com News Editor, Keith Seat.

Rosa Abdelnour
La Mediación en Costa Rica (7/25/14)
Rosa Abdelnour
A mediados de la década de los noventa se realizó en Costa Rica, por parte del Poder Judicial, una consulta ciudadana para evaluar la percepción acerca del sistema judicial. Los resultados mostraron descontento entre la población por el formalismo para acceder al sistema y la mora o duración de los procesos que se consideraba excesiva.

Hilary Linton
Understanding Each Party’s Power in Family Mediation-Arbitration: Why it is Critical (7/25/14)
Hilary Linton
A recent Ontario Superior Court of Justice decision illustrates the need for clearer guidelines for “screening for power imbalances and domestic violence”, a mandatory component of Ontario family arbitration. It also demonstrates the benefits for parties, lawyers and arbitrators in understanding that some methods of screening are more effective than others; and in ensuring that screening is done in accordance with the best practices before the mediation in a mediation-arbitration.

Charlie Irvine
Mind the Gap: Mediation and Justice (7/25/14)
Charlie Irvine
This article examines the alleged gap between mediation and justice. It considers ideas of both substantive and procedural justice and examines persistent critiques of mediation as falling short of the supposed gold standard of litigation. It goes on to propose an alternative reading of mediation as a site where parties are empowered to negotiate not only the outcome of their dispute but the criteria by which that outcome is judged. This can be read as providing more rather then less justice, particularly in diverse societies where legal and social norms are contested.

Keith Seat
International Mediation Updates (7/23/14)
Keith Seat
This is another in a series of updates on International Mediation Developments from Keith Seat, Mediate.com News Editor.

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.   1 Comment

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

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