The Best People For The Worst Places (11/17/08)
Richard Barron From the end of World War II through the end of the 20th Century approximately 3.3 million people were killed in intrastate conflicts and over 16.2 million were killed in intrastate civil wars! Most people read those numbers, shake their heads, and move on to the next item. A very few people stop and decide that they must devote their lives to modify this proclivity of our species to kill each other on an incomprehensible scale for generally indefensible reasons.
The Boston Chicken Problem (11/10/08)
Barry Goldman Even if you have a great concept and great media buzz, even with fancy financing and even fancier accounting, somewhere underneath it all somebody has to be selling some chicken or the business model just will not work.
¿Qué mediador soy yo? (10/29/08)
Juan Carlos Vezzulla Metidos en la multidisciplina en que los cuestionamientos a cada ciencia surgen desde otras ciencias y los objetos de cada ciencia pasan a ser cuestionados y los parámetros tradicionales que nos daban información sobre nuestro ser profesional cayeron en la guerra de fronteras entre los paradigmas modernos y los posmodernos, ¿qué hacemos?
ZZZZZZZZ (10/27/08)
Edward P. Ahrens Have you ever nodded, dozed—slept?—through a mediation? Bet at times you felt like it. Most of the mediations I have conducted have some unique and interesting quality to them. They are my inspirations for many of these little dissertations, other than this one of course.
An Experienced Negotiator: An Interview with Chris Honeyman (10/27/08)
Gini Nelson This is an interview by Gini Nelson of Christopher Honeyman. Christopher Honeyman, Managing Partner, CONVENOR Conflict Management, based in Madison, WI and Washington, DC. He has led a fifteen-year series of large-scale conflict management research and development projects funded by the Hewlett Foundation.
An Unprecedented Mediation In Poland (10/20/08)
Anna M. Wróbel A few days ago the Polish media were savouring the news that the court had appointed a “professional mediator” in a lawsuit between Janusz Kaczmarek, former Minister of the Interior and Administration versus Jaroslaw Kaczynski former Prime Minister, now the chairman of the political party Law and Justice (PiS). Kaczmarek sued Kaczynski (civil case on infringement of personal goods) after being called „a sleeping agent” (communist agent, I presume). Such a statement is an insult in Poland.
Bullies At Work (10/14/08)
Bill Eddy Workplace bullying is a growing international problem. It is more than a one-time incident. It is a pattern of behavior between a bully and another worker which can demoralize, isolate and trigger illness in the target of the bully.
Constructive Ambiguity In Neighbour – Neighbour Mediation (10/06/08)
Brendan Donaghy The term ‘constructive ambiguity’ is often attributed to Henry Kissinger and is a negotiating tactic used to cover up areas of disagreement or to save face of those taking part in negotiations. It is a technique most often seen in the context of international affairs, but can the same tactic be used in the less exalted surrounds of a neighbour – neighbour dispute? And if it can, is its use an example of good practice or superficiality in mediation?
Dealing With Worldviews In Interpersonal Conflict (10/06/08)
Anne Giacalone DiDomenico What fuels our daily experiences? Why are we so challenged by the dynamics of interpersonal relationships? Whether a CEO, a police officer, a parent, a lawyer, a news reporter, or a senator, we all face decisions on how to deal with the events of the day. The “how” is determined by our uniquely personal worldviews – the lens through which we interpret the world. Gaining an understanding of one’s personal worldview – its components and mechanisms – is a potent way to expand our ability to deal with conflict.
Lee Hamilton Receives Peacemaker Award from ACR (10/05/08)
Lee H. Hamilton, director of the Woodrow Wilson International Center for Scholars in Washington, DC and the director of the Center on Congress at Indiana University, has been awarded the Association for Conflict Resolution’s (ACR) Peacemaker Award.
John Haynes Distinguished Mediator Award Presented to Peter Salem (10/02/08)
Peter Salem, Executive Director of the Association of Family Conciliation Courts, was awarded the John M. Haynes Distinguished Mediator Award by the Association for Conflict Resolution (ACR) at its Eighth Annual Conference, September 24-27, 2008 in Austin, Texas.
Russian Peacemaker Receives ACR International Leadership Award (10/01/08)
In recognition of his leadership promoting creative processes that help people across the globe find peaceful solutions to conflicts, Shamil Fattakhov from Kazan, Russia, received the Association for Conflict Resolution (ACR) International Development Committee 2008 Outstanding Leadership Award.
Rule 68 and Offers of Judgment, Part I: How They Work and Why You Should Care (9/30/08)
John DeGroote I once had a client tell me: “I’m in the outsourcing business, not the litigation business.” He would probably read the title to this post and say something like: “I’m a client. Why do I care about rule anything?” Whether you are a client or a lawyer involved in US litigation, Rule 68 and similar state rules are important to you for two reasons: they can get cases resolved when nothing else can, and few lawyers use them effectively.
Improvisational Negotiation: Moving Away from Conventional Wisdom (9/30/08)
Improvisational Negotiation represents a particular mind-set and approach to negotiation that is flexible and adaptable to a fluid set of circumstances. In the Improvisational Negotiation realm, there are no steadfast rules, grids, or specific definitions that must be adhered to. Rather, the success of this technique stems from the willingness to replace the traditional “one size fits all” textbook approach with a style that focuses on the moment and is based on creativity, acceptance of uncertainty and willingness to take risk.
Negotiating the Economy: You Can't Save Your Face and Your Ass at the Same Time (9/30/08)
Victoria Pynchon If inaction is the answer (which I doubt -- see the Harvard Working Knowledge round-up of solutions from the smartest people in the room, here) our representatives should say so. If they're afraid of looking bad, we should get rid of the bums. If they're angry at Nancy Pelosi, they should get over it. Though Pelosi's speech is an example of the way that being hard on the people rather than on the problem can cause negotiations to break down, surely our elected representatives realize they can't pout their way through this crisis.
Tears In Mediation (9/29/08)
John Ford It is only a question of time before someone cries during one of your mediations. For a new mediator this can be unsettling. What does it mean and what intervention options are available and indeed advisable?
Fortalecimiento de la justicia laboral (9/22/08)
Ángela del Carmen Torres de Alberto Fortalecer es hacer fuerte, esto como es sinónimo de eficiente, el sistema; en el caso particular nuestro significa hacer cierta y eficiente y por tal efectiva la Justicia Laboral, dando cumplimiento sustantivo y procedimental a los principios contenidos en el CAPITULO II Derechos Sociales SECCION SEGUNDA de la Constitución de la Republica de El Salvador, Trabajo y Seguridad Social, por medio de la justa aplicación de las disposiciones del Código de Trabajo y de otros instrumentos legales sean estos de creación Legislativa o Ejecutiva y de aquellos de Derecho Internacional.
Taxi: Heaven For Mediation (9/22/08)
Luis Miguel Diaz Taxi is a small and little known society on Earth where humans unlearned the belief that authorities and rules were necessary for conflict resolution. Roberta who is an old and attractive woman has an informal and straight forward conversation with Ivan a young and inquisitive man. Both are open minded people.
Preparation for Mediation Puts Money In Clients’ Pockets (9/22/08)
Lee Jay Berman While all good attorneys prepare intensely for arbitration or trial, few put as much time into preparing for mediations. As the legal community continues to use mediation as an effective case settlement tool, it is becoming clear that attorney preparation plays a vital role in achieving a favorable result.
Contemplating My Navel and Conflict Resolution (9/14/08)
Laurie Israel At my age, I find my thoughts wandering backwards in time, with long-lost memories bubbling up occasionally. I ponder these memories and cherish them. I parse them for meaning, like dreams in the night remembered suddenly the next day, with a jolt of recognition into their inner meaning.
California Supremes Open Door Closed by U.S. Supremes (9/10/08)
John J. McCauley Every time I ask attorneys to identify the single worst drawback of arbitration, their overwhelming answer is “no appeal." With Arbitration comes the nightmare of losing for no good reason with no possible fix.
In March of this year, the Supreme Court closed the door to the best solution, finding that contracting parties who choose arbitration lack the power to write appellate review into their arbitration agreements. Hall Street Associates, LLC v. Mattel, Inc. (2008) __U.S.__, 128 S.Ct. 1396. Just last week, the California Supreme Court, addressing the very same issue under the California Arbitration Act, re-opened the door. Cable Connection, Inc. v. DirecTV.
Five Characteristics of Successful Family Law Practitioners (9/08/08)
Elizabeth Ferris I have been coaching and working with family lawyers, mediators and collaborative practitioners across North America and Europe for the past 8 years and have observed the characteristics of highly successful practitioners . Here are the five characteristics that I’ve found that work for practitioners who have succeeded in building a family law practice.
To Become Whole Again: Grace And Mercy In Mediation (9/08/08)
William S. Harralson This essay briefly examines Judeo-Christian conceptions of grace and mercy and the positive implications for the lives of disputants. Mediators are in a unique position to encourage individuals, under certain circumstances, to demonstrate grace and mercy towards their adversaries in order to facilitate reconciliation.
Rompiendo paradigmas del sistema juridico guatamalteco (9/07/08)
Waldemar Zetina Castellanos La disyuntiva existente en el ámbito jurídico guatemalteco consiste en asumir, si todo conflicto donde exista litis deba con exclusividad ser tratado en un proceso judicial o si por el contrario se permita la posibilidad de utilizar el procedimiento de la mediación como alternativa para la resolución de conflictos, instancia que permite economía de tiempo, voluntad manifiesta de las partes, entendimiento y uso del diálogo para llegar a acuerdos...
Evaluative Mediation Techniques Help Achieve Success (9/01/08)
Jeff Kichaven A March 2008 report of the American Bar Association's Task Force on Improving the Quality of Mediation confirms what is obvious to all who participate in commercial mediation: There is "overwhelming support" for the conclusion that lawyers want mediators to provide "analytical input," or, as we more commonly call it, "evaluative mediation." The marketplace has spoken.
Summarising (9/01/08)
Alan Sharland Summarising is the second effective communication skill which forms part of the cyclical process of Listening - Summarising - Questioning that promotes Effective Communication and Effective Conflict Resolution.
Mitigating High Conflict Divorce Disputes (8/24/08)
Brook D. Olsen High levels of parental conflict have consistently been shown to be among the most destructive factors in both intact and divorced families. Currently, we have an epidemic of children caught up in the chaos and turmoil of parental conflict.
The Shadow (8/18/08)
Edward P. Ahrens To paraphrase an old radio program: Who knows what lurks in the minds or faces or voices of men or women? Only the Shadow knows . . . and he ain’t here!
Impasse Is A Fallacy (8/18/08)
Lee Jay Berman I often wonder who invented the concept of impasse. Who first said, “We are stuck. We cannot go any further.”? Who decided that we should give it a name, acknowledge its existence, and make it the scapegoat for all that goes wrong with a mediation or negotiation?
Business Mediation:A Better Way To Resolve Workplace Conflict (8/11/08)
Marta J. Papa In a situation where there is no process for eliminating conflict other than litigation, resentments build up and productivity plummets. Currently, we are seeing a trend toward solving conflict in the workplace through mediation rather than litigation or other more traditional methods of dispute resolution.
The Importance Of Follow Up (8/11/08)
John Ford There was a time when I considered a follow up a courtesy, something non essential but ‘good’ to do. More and more, I am of the view that follow up is a vital part of any mediation, especially in workplace mediations where the disputants have worked out new behavioral arrangements.
Blawg Review 171 (8/05/08)
Victoria Pynchon If intellectual property had a theme song it would have to be "Like a Virgin." Why? Because IP is all about "the very first time," the "aha" moment, the creative spark that gives rise to previously undreamed imaginings.
In honor of the moment of creation at the root of every intellectual property dispute, this week's Blawg Review No. 171 gives you the great virgins of history.
Mediators And Centurions Have More In Common Other Than Wearing Shoes (8/04/08)
Elizabeth Moreno After forming a new ADR firm, I am always asked the question, why did you choose the name ‘Centurion Mediation’ for your business? Centurions conjure up images of battles and aggressiveness, not the attributes of a mediator who should be peace building and peacemaking individuals. I wonder if any of these questioning individuals have ever mediated a dispute.
Recognizing And Validating Diversity In Mediation (8/04/08)
Malcolm Sher When they become involved in disputes, whether litigated or not, people from differing cultural or ethnic backgrounds often bring to the table differences that may have caused or contributed to the dispute, and that may well govern its outcome. This article will examine some of those differences and emphasize the need for all participants in the mediation process to learn about and validate them in order to bring about a mutually beneficial settlement.
Alternative Dispute Resolution: Alternative to the Legal System, Not Just to Court (7/28/08)
Nancy B. Sharpless Attorney and non-attorney alternative dispute resolution practitioners squabble over who is more suited to apply their non-adversarial dispute-resolution skills to cases already pending in the legal system.? Instead, these practitioners should work together to promote dispute resolution outside the legal system.? This article proposes means by which practitioners of alternative dispute resolution can create in the public mind an awareness that viable alternatives exist.
Evaluative Mediation Techniques Help Achieve Success (7/21/08)
Jeff Kichaven A March 2008 report of the American Bar Association's Task Force on Improving the Quality of Mediation confirms what is obvious to all who participate in commercial mediation: There is "overwhelming support" for the conclusion that lawyers want mediators to provide "analytical input," or, as we more commonly call it, "evaluative mediation." The marketplace has spoken.
The No-blame Approach In Mediation (7/21/08)
Alan Sharland Mediation adopts a 'no-blame' approach when supporting people in resolving their dispute. And the reasons behind doing this are just as relevant in any difficult situation such as a complaint, or relationship breakdown or other destructive conflict situation. This article explains this approach and the reasons why it is an important and more effective approach to adopt.
Leaving Borderland – Expanding The Frontiers Of Restorative Justice (7/21/08)
Darrell Puls An ever increasing body of evidence strongly suggests a “third way” alternative to litigation that often stops litigation before it is filed. It starts with answering this rather complex question, “What if we just told the truth – all of it, without defense, without excuse, without blame, took responsibility for the consequences, were transparent in all of it, and offered to make things right?” I argue along with others that this complex question goes well beyond the realm of conventional thought and into the more fluid and nuanced world of restorative justice.
Comparing Collaborative and Traditional Conflict Management in Environmental Issues (7/14/08)
Christina Simokat Collaborative processes have been called the new “dominant paradigm” (Gillingham, 2001; Lubell, 2004) in watershed management, and government agencies such as the EPA are encouraging and looking to expand this style of natural resource management. This paper reviews the literature on this topic, and the findings indicate ambiguity about the definition of a collaborative process and its benefits, and a need for more empirical research on the processes for watershed management and the effects, short and long term, on communities.
Interdisciplinary Co-Mediations: The Good, the Bad and the Imago (7/07/08)
Josefina Rendon This article focuses on interdisciplinary mediations, that is, mediations performed by co-mediators of different professional backgrounds or disciplines. It highlights the work done by four interdisciplinary co-mediation teams in Texas. The article will also discuss some of the perceived benefits and drawbacks of co-mediation in general and discuss future possibilities of the practice of interdisciplinary co-mediation.
Greek Philosophy And Mediation Practice (7/07/08)
David Hurley I am always interested in finding pearls of wisdom that illuminate what we do, or that identify fundamental human experiences that validate steps in the process one otherwise might have taken on trust.
Why Getting To Yes Is the Most Vital Journey We Face (6/30/08)
John Sturrock GETTING to Yes is the seminal work on negotiation by Fisher and Ury. First published in 1983, it has been read by millions of business people, diplomats, lawyers and others around the world and is standard fare in universities in the United States and elsewhere. Recently, General Sumbeiywo, the man at the centre of the Southern Sudanese peace agreement, was asked what one book he would recommend to negotiators. Getting to Yes was his swift reply.
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