(2/12/16)Malcolm Sher, Jobi Halper Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.
(2/10/16)Robert Benjamin Donald Trump’s words, antics, and writing hopelessly confuse thoughtful negotiation with bluster and brashness, not the least because he self describes himself as an expert negotiator. Beyond politics, he threatens to undermine the practice of negotiation, mediation and conflict management that has been cultivated over the last 50 years.
(2/09/16)Sue Bronson Come, sit, stay are the basics of dog training. I believe they are also central to mediation. This brief article provides dog training tips that are also good ideas for mediators to follow.
(2/08/16)Juliana Birkhoff This is the complete interview by Robert Benjamin with Juliana Birkhoff, national leader in the field of public policy mediation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
(2/05/16)Hadassah Fidler A look at the trend for Divorce Selfies, what it tells us about the trend for an amicable divorce and the lessons professionals can take from it - to be more supportive about the idea that an amicable divorce is achievable.
(2/05/16)Tom Stipanowich Much has been written about the global development of mediation, but more should be said about the important questions that should be confronted by practitioners, policymakers and users.
(2/02/16)John Paul Lederach This is the complete interview by Robert Benjamin with John Paul Lederach, a global leader in ethnic and cultural reconciliation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(1/29/16)Michael Toebe The University of Missouri has been in the spotlight and it's not the school's finest moment as football players have announced they are on strike until the school president steps down due to their hurt over a lack of response to painful experiences of racism.
(1/29/16)Martin Brink This article is about an instrument that can be used both in mediation and in negotiation processes. It can be used at all times, but is particularly helpful when a mediation or negotiation process finds itself in a somewhat advanced stage.
(1/23/16)Carrie J. Menkel-Meadow This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(1/22/16)Greg Rooney Mediation is now well-established in Australia particularly in the commercial jurisdictions of the states and territories. However it is still viewed as an unwelcome visitor by many in the legal profession and the judiciary.
(1/22/16)John Sturrock Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city. We found an engaged and enthusiastic audience and much interest in the issues which we have all faced – and continue to face – in many jurisdictions.
(1/19/16)Gregg Relyea, Roy Cheng This article examines the challenges experienced by lawyers who are training to become mediators. Many of these challenges stem from deeply ingrained perspectives associated with legal training and experience.
(1/18/16)William E. Hartgering This is the complete interview by Robert Benjamin with William Hartgering, founder of Endispute and a JAMS mediator, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(1/15/16)Karinya Verghese, Jennifer Winestone This article provides a summary of the authors’ observations at the Commission Meeting of December 10, 2015 and of the issues surrounding the proposed legislative amendments to mediation confidentiality.
(1/15/16)Alexis Martinez This article asks: Why a continent, considered by many to have been the springboard for the unprecedented modern growth in arbitration in Europe and Asia recently went through a significant increase in the number of international arbitrations?
(1/12/16)Andrew Schepard This is the complete interview by Robert Benjamin with Andrew Schepard, a leading professor, editor and writer of family law and mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(1/11/16)Tony Belak There is no magic pill but there is a prescription to change behavior in others. It takes time and patience to cure such negative characteristics, and it doesn’t help to ignore the problem behavior or respond likewise or criticize rather than cure or just brand someone as a problem and be the psychiatrist to their craziness. We can work to prevent unproductive and negative behavior that leads to conflict.
(1/08/16)Katherine Triantafillou With all the hysteria going on in politics right now, it is hard for many mediators to know what to do. This article offers some great suggestions for finding a peaceable route in the midst of so much negativity.
(1/08/16)Brian Jerome, Jeffrey Stern This article reflects on the current and timely issue of hidden arbitration clauses in contracts, and a rebuttal to the recent NY Times article series which was extremely partisan and put arbitration and arbitrators in a very poor light. The article more accurately positions arbitration as an important and helpful alternative to litigation.
(1/08/16)Katherine Graham White mediators tend to believe that as mediators they are impartial and empathetic, and that they are delivering a process that is balanced and empowering. So naturally, they believe their management of issues of race in a mediation is going to be fair and appropriate.
(1/05/16)Nina Meierding Many mediators have been trained solely in a Western-style model of mediation with Western-style tools in their “toolboxes.” Even the theoretical constructs of ADR often reflect a Western model that is not always respectful of culturally diverse concepts.
(1/05/16)Marvin E. Johnson This is the complete interview by Robert Benjamin with Marvin Johnson, a national leader in the field of dispute resolution generally and on issues of elevating diversity in the ADR field, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(1/05/16)Stephen A. Hochman A mediator’s proposal is a settlement proposal that the mediator makes to all parties, and each party is requested to accept or reject it, on the exact terms proposed, in a confidential communication to the mediator. This article examines the ramifications of a mediator's proposal and when it should be used.
(1/04/16)Michael Toebe A national story involving two very famous names (MLK Jr.'s children and former President Jimmy Carter) that can prove so helpful in building more awareness about the intelligence and effectiveness of mediation to solve disputes in place of punching someone with rights-based litigation.