Featured Blogs Section

A list of current Mediate.com Featured Blogs is here. Blog policies are here.

Featured Blog Posts


F. Peter Phillips

Prevalence of Employment Arbitration is Measured

(10/13/17)F. Peter Phillips

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.

Tammy Lenski

Difficult Conversations Deplete the Brain’s “Processing Power”

(10/13/17)Tammy Lenski

Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.

Cinnie Noble

Changing Your Direction in Conflict

(10/13/17)Cinnie Noble

What insight do you have into your conflict?

Meredith Richardson

When in Conflict, Ask Yourself, “What are the unmet needs?”

(10/06/17)Meredith Richardson

When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?

Joe Markowitz

From Litigation to Conflict Resolution

(10/06/17)Joe Markowitz

“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.

Ronald S. Kraybill

Teambuilding Exercises

(10/06/17)Ronald S. Kraybill

Isolation and polarization are big threats today.

Eliane Fischer

“Costs Follow Conduct” – A Musical Altercation

(10/06/17)Eliane Fischer, Flavio Peter

When ABBA launched “The Winner Takes It All” in 1980, modern arbitration was still in its infancy.

Conflict Chat: Challenges In Working In A Gig Economy - Audio

(9/29/17)Stephen Kotev, Patricia Porter

Got Conflict? Are you a worker taking on short projects or “gigs?”

Phyllis Pollack

Expanding The Benefits of An Apology!

(9/29/17)Phyllis Pollack

On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law.

Meredith Richardson

Moving Workplace Conflict from Dysfunctional to Functional

(9/29/17)Meredith Richardson

When I get a call about workplace conflict, I often find that these 4 things are true.

Bernard Morrow

How Does Your Mediator Add Value?

(9/29/17)Bernard Morrow

Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.

Cinnie Noble

Bite My Tongue

(9/22/17)Cinnie Noble

One reference to the expression “bite my tongue” is “To forcibly prevent oneself from speaking, especially in order to avoid saying something inappropriate or likely to cause a dispute”.

Maria Simpson

Disagreeing

(9/22/17)Maria Simpson

“Recognize the strengths of the other guy’s argument and the weaknesses of your own. Keep an open mind while listening.” - by Jake Sullivan.

Phyllis Pollack

Why You Should Avoid Trial and Mediate Instead!

(9/22/17)Phyllis Pollack

We all have cognitive biases.

Lorraine Segal

Your Rules/Their Rules in Conflict Management

(9/22/17)Lorraine Segal

This article discusses the Zen at the Gym (part 3).

Tammy Lenski

Can Your Beliefs About Someone Alter Their Behavior?

(9/14/17)Tammy Lenski

If you believe someone is aggressive, could they behave more aggressively with you than with others?

Phyllis Pollack

A Fat Bias: Implicit or Explict?

(9/14/17)Phyllis Pollack

When you see an overweight person walking down the street, or perhaps sitting in a meeting with you, what is your reaction? Do you cringe or try to avoid that person?

Bernard Morrow

Joint Session: A Tale of Two Mediations

(9/14/17)Bernard Morrow

I share a tale of two wrongful dismissal mediations conducted weeks’ apart.

Patricia Porter

What Is Wrong With My Good Intentions?

(9/14/17)Patricia Porter

How do I make my intentions to be conflict competent a reality?

Shirli Kirschner

ADR and Religion

(9/08/17)Shirli Kirschner

What is the relevance of religion to ADR? This question is very different to considering the relevance of ADR to religion.

Michael A. Zeytoonian

What is Your Goal? Winning or Fixing?

(9/08/17)Michael A. Zeytoonian

What do you want? It’s a pretty simple question, really.

Tammy Lenski

Join the Resistance

(9/08/17)Tammy Lenski

When we notice resistance, a typical response is to try persuading them out of their resistance.

John Lande

How Can We Build Common Ground Between Bubbles? - Revisited

(9/08/17)John Lande

Richard Barbieri, the general editor of ACResolutions, the quarterly magazine of the Association for Conflict Resolution, was struck by my series of posts after the November election about building common ground between “bubbles” in our society.

Richard Posell

How ADR Can Help Keep Confidential Agreements Confidential

(9/08/17)Richard Posell

The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.

Shirli Kirschner

Accountability of ADR Practitioners

(9/01/17)Shirli Kirschner

Accountability of ADR practitioners is important to ensure the credibility and effectiveness of ADR processes.

Meriam Al-Rashid

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

Joy Rosenthal

I Hear You

(9/01/17)Joy Rosenthal

“I hear you.” Listening is a very simple act.

Phyllis Pollack

The Power of Silence

(9/01/17)Phyllis Pollack

While I have known that silence can be a powerful tool in my mediation tool box, I never really thought about until I read a recent article posted on the BBC news website called “The subtle power of uncomfortable silences."

Larry Susskind

Big Data, Urban Science and the Search for New Ways of Improving Life in the City

(8/25/17)Larry Susskind

Imagine you had all the data you could possibly want about a city. What might you do with all this information to help improve the quality of life in the city?

Lorraine Segal

Civil Conversations with “the Enemy”—A Tool for Working through Conflict

(8/25/17)Lorraine Segal

How can you have a civil conversation with people you think are absolutely wrong, even evil?

Beth Graham

Online Arbitration as a Remedy for Crowdfunding Fraud

(8/25/17)Beth Graham

In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.

John Lande

Dealing with Causes as Well as Symptoms of Law Students' and Lawyers' Lack of Well-Being

(8/25/17)John Lande

The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.

Gracious Timothy

IBA-VIAC CDRC Vienna 2017 - Where Mediation and Negotiation Cross Borders

(8/21/17)Jenny Driver, Mirella Kreder, Gracious Timothy

Following two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017.

Phyllis Pollack

Commenting on Tentative Recommendation

(8/21/17)Phyllis Pollack

On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402).

Shirli Kirschner

Access to Justice and ADR

(8/18/17)Shirli Kirschner

A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.

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