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    5/21: NAFCM Receives Funding for a National Training Resource Center

    The National Association for Community Mediation (NAFCM) successfully applied for and will receive $50,000 from the JAMS Foundation (JAMS). The grant is for the development of the Training Resource Center for community mediation nationally. The Training Resource Center (TRC) will be the largest compilation of community mediation resources in the country. NAFCM will partner with community mediation centers across the country to collect new and existing resources including but not limited to PowerPoint, handouts, mocks, videos, and more. read


    5/21: NADN Announces Partnerships With DRI - The Voice of The Defense Bar and the American Association for Justice

    The National Academy of Distinguished Neutrals, the premier association for experienced civil ADR practitioners is delighted to announce partnerships with DRI, the largest professional organization for members of the defense bar, and the AAJ (formerly the American Trial Lawyers Association), the world’s largest association of trial lawyers. read


    5/21: Judges assigned, mediation dates set in MSU mass litigation

    Several lawsuits have been filed in state court against Mountain State University regarding its accreditation. A December order referred pending or subsequently filed state court cases to the mass litigation panel. According to this order, all of these cases involve "harm caused to plaintiff as a result of Mountain State University's loss of its general accreditation, special accreditations in its nursing and nurse anesthetist programs and any other educational programs that require independent accreditation." read


    5/21: Should Mediation Team Fix Neighborly Fights?

    The members of the Washington Township Committee discussed the possibility of a mediation committee. But what does that mean, exactly? Often times the police, mayor or other township officials will receive a call regarding neighborly disputes. Sometimes it’s about commercial vehicles in driveways; other times it’s about the height of a privacy fence. But no one is looking to press charges are take legal action, and that’s why Mayor Ken Short asked his fellow committeemen if a mediation committee would be helpful to the town. “It might be worth having five people be available to volunteer and mediate these disputes,” Short said. “This way we can keep folks from having to go to court or take action against each other.” The town’s leaders felt it was a good idea, and worth pursuing.


    5/21: Mediation Continues in Suit to Block LG Project

    Mediation between lawyers for a group preservationists and LG Electronics is ongoing after the effort to find common ground in a lawsuit to block the company's proposed Englewood Cliffs headquarters began early this month, representatives for both sides said Monday. At issue is LG's plan to build a 143-foot high office complex visible above the Palisades in Englewood Cliffs. The preservations say the building will tarnish the scenic cliffs. LG, however, contends the project will bring much-needed jobs to the area and features an environmentally friendly design. read


    5/21: GiveForward partners with Medical Bill Mediation to help families reduce high medical bills

    GiveForward, a crowdfunding leader helping families and friends raise money for a loved one's medical bills, is pleased to announce a new partnership with Medical Bill Mediation of the Karis Group, Inc., a service which helps patients consolidate and reduce their healthcare bills. This alliance stems from both organizations' shared mission of empowering patients to face the rising cost of healthcare in America. read


    5/21: Mediation planned in lawsuits over Wyoming plane crash

    Lawyers are planning mediation sessions to try to resolve two federal lawsuits stemming from a 2010 plane crash in western Wyoming that killed a Twin Cities father and three sons. read


    5/21: Honolulu's Giuseppe Leone launching Mobile Mediation

    Honolulu mediator Giuseppe Leone, who recently ran the successful Virtual Mediation Lab, is at it again with the launch of another project called Mobile Mediation.  According to Leone, “We have experience in running online mediation via Skype, but then I realized that the next frontier of online mediation is going to be mobile, in which parties are able to participate using an iPad, iPhone or Android device,” he said. “That possibility will allow mediation to be offered in so many different situations.” read


    5/20: Mediation and divorce in Texas

    Increasingly, couples seeking divorce are using alternative dispute resolution (ADR) methods to resolve issues in divorce proceedings. Mediation is probably the most common type of ADR method used in divorce cases today. While not advisable in all cases, this approach to navigating the divorce process can work well when couples are on equal footing, and want to plan for the future and have a role in developing the settlement agreement that will get them there. read


    5/20: Lawyer Says RCMP Refuses To Mediate Harassment Suit

    A lawyer representing 300 women who worked for the RCMP alleging harassment and gender-based discrimination in a lawsuit says the national police force is declining an offer to mediate. read


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  • Control Anger During Conflict like a Fly on the Wall
    by Tammy Lenski
  • Is Compromise Possible?
    by Colin Rule
  • The Subtlety of Actual Mediations
    by Phyllis Pollack
  • You Catch More Flies with Honey Than Vinegar
    by Cinnie Noble
  • So Who is Your Primary Care Legal Counsel?
    by Michael Zeytoonian
  • ODR: Using Online Dispute Resolution and Recommendations for Further Use
    by Dennis Huizing

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Understanding Mediation



Jessica A. Stepp
How Does The Mediation Process Work?
Jessica A. Stepp
This article provides an overview of the mediation process.

Michael Roberts
Why Mediation Works
Michael Roberts
We are in the midst of a litigation crisis. The high cost and long delays associated with the trial of civil matters often make litigation an impractical method of resolving disputes. It is not uncommon for the attorney's fees, expert witness fees, jury fees, court reporter fees and other related costs to exceed the amount in dispute.

Adrienne Krikorian
Litigate Or Mediate?: Mediation As An Alternative To Lawsuits
Adrienne Krikorian
Mediating a case before a lawsuit is filed enables the parties to present their case to a mutually selected neutral person before any money is spent on litigation. The cost of mediating a case is minimal compared to the costs incurred through the life of a lawsuit.

Edward P. Ahrens
What Does A Mediator Do?
Edward P. Ahrens
Okay, we know you can't make decisions. We know you can't issue orders. ('I'm not a judge or an arbitrator, blah, blah, blah.') We know you can't take sides, must always remain neutral. And we know you can't give us legal advice. And then you tell us mediation is a consensual process. Bummer. Now the other side can walk at will! "So, what in the hell DO you do?"

Paula Young
The “What” of Mediation: When Is Mediation the Right Process Choice?
Paula Young
As mediators, lawyers, and their clients gain more experience with mediation, fewer and fewer types of disputes will seem less amenable to the process. Even if mediation only succeeds in improving the parties’ communication, in identifying their underlying interests, in narrowing the issues in conflict, or in helping them more carefully evaluate their litigation option, it can move the dispute towards a quicker, more cost effective resolution.   1 Comment

Paul Fisher
All You Need To Know About Mediation But Didn't Know To Ask-A Parachute for Parties in Litigation!
Paul Fisher
Mediation is the cutting edge dispute resolution process which resolves litigation at a fraction of the cost, time and emotional pain of trial. The key participants, the parties to litigation, haven't a clue what mediation is or how it works until after they have been through it. This article is addressed to the parties, as opposed to lawyers. It explains what mediation is, how parties can make it work to settle disputes, and thus avoid the nightmare of trial.

Rachel Fishman Green, Esq.
Mediator Neutrality: How is it possible?
Rachel Fishman Green, Esq.
How could a mediator be neutral about your situation when you are getting divorced? Surely one of you is right and the other is wrong! If you know in your bones – and all of your friends agree – that you are right, you may think that mediation would not make sense for you, because you don’t want to compromise.   12 Comments

Forrest (Woody) Mosten
Eleven Questions Most Commonly Asked About Mediation
Forrest (Woody) Mosten
We all have questions about mediation. Not just disputants, but also the lawyers, and mediators themsleves. This list aims to answer some of the peristent ones.


Mediation: A Process To Regain Control of Your Life
Nathan Davidovich
Mediation provides a method for people with disputes or conflicts to exercise their own choices and discretion and to regain a sense of control over their lives in resolving disputes. It is a means by which you can be an active participant in the decision making process and have direct involvement in the determination of your destiny.

James Melamed
Frequently Asked Questions about Mediation and Negotiation
James Melamed
Jim Melamed answers nine frequently asked questions about mediation and negotiation such as "What is mediation? and "What if I want to be a mediator?". Includes links to further resources.

Elizabeth Moreno
The Mediators Role: Tackling Their Illusion of Objectivity
Elizabeth Moreno
Recent studies of employment discrimination jury verdicts in California, substantiated the bias of humans. How can mediators tackle their illusion of objectivity and keep neutral during the mediation process?

Lawrence A. Huerta
Why Mediation?
Lawrence A. Huerta
While the benefits of mediation vary somewhat depending upon the nature of the dispute, and model of mediation applied, the following are some of the benefits typically associated with mediation.


Selecting a Mediator



Julie Denny
Choosing A Divorce Mediator
Julie Denny
Finding and selecting a mediator can be easier if you follow some simple steps. In the best of circumstances, divorce is an uncomfortable process. Take the time to assure you have a mediator whom you like, respect and believe to be qualified to help both of you negotiate that equitable settlement.

Michael Roberts
Choosing The Right Mediator: A Guide To Effective Mediation Styles
Michael Roberts
The market demands a mediator who will give the parties the best chance of settling their dispute. So, how do you choose that mediator? Here are one mediator's views after having mediated thousands of disputes over the past fourteen years.

Norm Brand
Choosing the "Expert" Mediator
Norm Brand
When a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. Frequently, however, who you choose to mediate can be critical to making mediation work.

Jerry Roscoe
Advocacy Skills: Tips for Selecting a Good Mediator
Jerry Roscoe
With several sources for professional mediators, the advocate often struggles with criteria for mediator selection. Selection criteria are all too often limited to mediation experience and settlement rate. If you are in the market for a mediator, your mediator selection process may benefit if you consider the following additional criteria:

Zena Zumeta
Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation
Zena Zumeta
Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.


A Study in Mediation Styles: A Comparative Analysis of Evaluative and Transformative Styles
Katina Foster This study investigates two of the four primary mediation styles, evaluative and transformative mediation, and evaluates their strengths and weaknesses. The final conclusion of this study is that no one style is appropriate for dealing with all conflicts. Instead, different styles should be considered as options during the conflict resolution process.   2 Comments

Toran Hansen
The Narrative Approach to Mediation
Toran Hansen
Narrative Mediation carries with it both a certain perspective and methodology. It is a specific model developed out of the tradition of Narrative Family Therapy and, as such, represents a uniquely therapeutic approach to mediation. It challenges the mediator to acknowledge and take on assumptions made by conflict parties in creating personal and societal-level stories, make them explicit, and give the parties the power to change them through mediation.   7 Comments


Where Can Mediation Be Useful?




Mediation: The Sensible Means For Resolving Contract Disputes
Kenneth P. Kelsey
Along with more complex contracts comes increased opportunities for contractual disputes. Most construction contracts today contain some form of Alternative Dispute Resolution (ADR): a contractual means to resolve disputes without going into the classic courtroom setting.


Getting A Divorce? Why You Should Not Just Fight It Out
Mimi E. Lyster
Many have traveled the adversarial road, and probably for many of the same reasons. Constant fighting, arguing and blaming in a marriage or similarly committed relationship generally leads to more of the same while dissolving it. Unfortunately, the consequences of continuing this behavior can be dramatic, including protracted litigation, escalating costs, a dramatically reduced standard of living and significant damage to your children’s emotional well-being.

Michael Roberts
Resolving Disputes Through Employment Mediation
Michael Roberts
Few controversies are more damaging to a business than a dispute with an employee. In today's environment, a single major employment dispute can result in the erosion of substantial assets because of legal fees and a potential jury award.


Construction Mediation Really Works
Gary Morgerman
The use of mediation to resolve disputes between members of the construction community is finally taking hold in the industry as word of its effectiveness, efficiency and economy spreads. Following is the story of a construction mediation mediated by Construction Mediation Inc in New York City.


Estate Planning and Family Business Mediation
Laura Bachle
Unlike J.R. Ewing in Dallas, controversy arises among families and business owners more often as a result of misunderstanding than malevolent motives. When people get beyond the resistance and begin working together on an estate plan MOU or partnership charter, they discover that openly dealing with issues lessens the likelihood of misperception, builds trust and confidence, and improves their chances for long-term success.

Jonathan W. Reitman
The Allagash: A Case Study of a Successful Environmental Mediation
Jonathan W. Reitman
What are the elements which make possible the successful mediation of an environmental dispute? In this article, Jonathan Reitman analyzes what conditions led to the resolution of a 33-year-old controversy about the management of the Allagash Wilderness Waterway in northern Maine. The polarized dispute involved wilderness canoeists, sportsmen, environmental organizations, local residents and state and federal regulators. Their recent negotiated agreement was hailed as "comprehensive and visionary." The mediator who facilitated the negotiations reflects on lessons learned.

Lester L. Adams
Congregational Conflict Resolution And The Use Of Scriptures
Lester L. Adams
This article gives some insight and wisdom on how the scriptures are useful in resolving congregational conflict.


ADR in Healthcare: The Last Big ADR Frontier?
Rob Robson, Ginny Morrison
You are probably saying to yourself “What a strange title.” This seems especially true when you consider that dispute resolution and conflict management (DR/CM) practitioners are a fairly flexible, adaptable and imaginative group. Surely there will be lots of new “frontiers” left for us to conquer in the future?


Cyber-Mediation:
Medium Massaging The Message

Robin M. Kennedy, Jon Michael Gibb, Llewellyn Joseph Gibbons
The course of ecommerce is not always smooth. Disputes are inevitable. These disputes will have to be resolved if ecommerce is to develop to its full potential. Alternative Dispute Resolution (ADR) is a range of processes for resolving online disputes. Businesses and consumers who engage in ecommerce are often more willing to mediate than to arbitrate their disputes in an online forum because mediation is a voluntary process in which a third-party facilitator assists the parties to the dispute to arrive at a mutually agreed upon resolution.


Student/Peer Mediation: A Multi-Purpose Tool
Jim Eisele After reviewing several articles regarding student/peer mediation, one thing is clear: student/peer mediations have several benefits, many of which are long-lasting.   3 Comments

Rikk Larsen
Tipping Points - Reasons Why Mediation Works in Complex Family Disputes
Rikk Larsen
Timing is everything. In complex family disputes the simple fact is that mediation can be the forum for positive change, the tipping point, but it needs a number of preconditions to be successful.   3 Comments

Janet E. Mitchell
Eldercare Mediation: A New Way To Make Decisions Regarding Aging Parents
Janet E. Mitchell
The article describes how families can work together in making collaborative decisions regarding the care of elderly parents. It defines and explains family mediation, noting the kinds of topics that can be discussed.

Barry Simon
How Mediation Can Help Same Gender Relationships
Barry Simon
Since same gender couples cannot legally marry yet in most states and foreign countries, how can they formalize their relationships? By using a "Living Together Agreement." In this way they can couple consciously in an attempt to create a solid foundation on which to build their relationship. It's the perfect tool for sweeping away false expectations and building honest, authentic communication.   1 Comment


Mediation in Sexual Harassment Cases
Tim Hicks Mediation can provide an ideal setting in which the complainant can accomplish the primary aim of stopping the behavior. Without such a mechanism for dealing with the situation, the complainant has only two choices: go through the process of a formal complaint and investigation, or do nothing. These options often do not meet the needs of the employee or the organization.   1 Comment


Using Mediation Effectively



John Gromala
Pre-Mediation Questionnaire: Dispute Clarification Tool
John Gromala
Many disputes have a prior history of an amicable relationship. This is especially true in business disputes. Thinking back on "better days" can create the atmosphere for productive dialogue. Use this tool to help prepare for mediation.

Tom Sebok
Preparing For Your Mediation
Tom Sebok
It is likely that you asked for or agreed to mediation because the strategies you have already tried have not helped you resolve your dispute. The purpose of this article is to help you think - before your mediation - about what you can do as a participant to give your mediation the best chance to succeed.

Norm Brand
Learning To Use The Mediation Process - A Guide For Lawyers
Norm Brand
Mediation is changing law practice. It is the cheapest, lowest risk, and most under-utilized form of alternative dispute resolution. And the demand for it is rapidly growing.

Steven P. Cohen
Focusing On Interests Rather Than Positions -- Conflict Resolution Key
Steven P. Cohen
We can take positive steps to prepare for the decision-making process and we can monitor our own behavior - and that of other participants -- as the process goes forward. By following a few common sense rules we can reduce conflict and turn it into cooperation and reach solutions that really work for all the participants.   3 Comments


Reframing: The Essence of Mediation
Peter Blanciak
The thesis of this article is that the psychotheraputic technique of reframing is central to effective mediation. Several mediation scholars' theories are examined under this thesis. These theories include the use of symbols, deception, active listening and dramatic frames.

Eileen Barker
Tips for Dealing with Emotion in Mediation
Eileen Barker
You don't have to be a mediator to know that emotional issues lie at the heart of conflict. Seasoned mediator, Eileen Barker provides practical suggestions to deal with the emotional dimension of conflict.   1 Comment

Jessica Notini
Effective Alternatives Analysis In Mediation: “BATNA/WATNA” Analysis Demystified
Jessica Notini
This article explains the concept of alternatives analysis and presents a method for conducting an analysis with parties in mediation, including many of the considerations that may affect the parties’ perception and use of the analysis.

Rick Voyles
Managing an Imbalance of Power
Rick Voyles
One technique I often get requests to train on is managing an imbalance of power. There are effective techniques for handling power imbalance, however before we go too far, let’s consider what is an imbalance of power?

Jeffrey Krivis
Dealing With A Competitive Approach In Mediation
Jeffrey Krivis
Most people approach mediation with the best of intentions. However, they sometimes encounter adversaries who don't quite see things their way, and approach the process in a much more competitive and sometimes hostile manner.




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