Third Culture - Creating a Climate for a Successful Mediation (1/30/12)
Dave Aschaiek
In “Cultural Competence – Transcending Culture Differences in Mediation,” cultural competence was described as an indispensible capability in a mediator’s toolkit. Cultural competence was presented as the ability for a mediator to not only identify, acknowledge and explain cultural influences on parties within a dispute, but to also transcend the cultural differences in a way that serves the dispute resolution process.

Prenups – Don’t Lawyer Up, Mediate! (10/24/11)
Laurie Israel
Prenup articles typically talk about how resolving and clarifying money issues prior to marriage is a good thing.   However, they do not take into account the very important component of most good marriages: the sharing of money and resources.  So prenups aren't necessarily the best thing since sliced bread -- they can pose many problems for the future spouses.

Would You Like Fries With That? (10/10/11)
Mitch Chyette
An examination of how the various negotiating traps illustrated by the debt-ceiling negotiations and how we can avoid them.   1 Comment

Love Is Never A Mistake (9/19/11)
Brooke Goldfarb
When you came together at the time it was meant to be. It was not a mistake. Your children are not a mistake. The life you built together was not a mistake. If it is time to move on, then let's move on, but let's honor the past as we look to the future

Understanding the Incomprehensible: Identity, Security and Terrorism (Updated) (9/05/11)
Camilo Azcarate
Understanding the Incomprehensible: Identity, Security and Terrorism was written ten years ago to understand international conflict. This article has now been written to examine the state of international affairs in the last decade.   1 Comment

The One (Mediation) That Didn't Get Away (6/19/11)
Vivian Scott
After this mediation I closed the door and cried for the pair’s past, for my gratefulness at being allowed to see such pure emotion, and for the richness this experience brought to my life.

The Power Of An Apology (2/14/11)
Manie Spoelstra
There are some who find it easy to apologize and there are some who find it extremely difficult. Admitting your mistake is a bitter pill to swallow, yet being able to do so often makes one a better person, more or less. You are aware that you did something wrong, which is why someone is upset with you. Deep in your heart, you know that you owe the person an apology. Do you apologize?   2 Comments

A Little Bit About Forgiveness (11/08/10)
Vivian Scott
I participated in a good discussion last week about forgiveness. Okay, I admit it was with two of my nieces on Facebook, but it was a good conversation nonetheless. We went back and forth trying to define forgiveness and as it turns out it’s easier to describe what forgiveness isn’t than it is to define what it is. And, that got me thinking.

Dealing With The Pains Of Divorce Through Meaningful And Complete Apology (11/01/10)
Dina Haddad
If you are contemplating divorce, in the midst of a divorce, or already have a divorce decree in hand, you know pressures of the legal process do not compare to the emotional turmoil you are experiencing. The emotional pressures can be quelled when you give a meaningful and complete apology. It has the effect of freeing you from the weight of the divorce, help heal you and the person you offended, restore your relationships, and even provide you direct legal benefits to your case.

“I’m Sorry You’re Such A Crybaby” Isn’t Really An Apology (8/23/10)
Vivian Scott
You’ve more than likely heard one before and you may have even delivered a few yourself--an apology that isn’t really an apology at all. You know the ones; the zingers, veiled threats, and personal attacks that the speaker believes should earn him points for saying he’s sorry.   4 Comments

Singer, Linda: Interpersonal Mediation Builds Skills - Video (5/04/10)
Linda Singer
Linda Singer describes how her interpersonal mediation experience in the past has helped her to mediate in multi-party, complex cases currently. The rapport-development skills she learned in interpersonal mediation carry over to multi-party disputes.

Michael Lewis: To Admit Wrongdoing Difficult as Mediator - Video (3/29/10)
Michael Lewis
Michael Lewis speaks of mediators' willingess (and lack of) to admitting when they're wrong or that they should have tried a different method. He underscores that it takes experience and self-confidence to admit to wrongdoing in a case.

Riskin, Leonard: Background Leads to Interest in Dealing with Anger - Video (12/15/09)
Leonard Riskin
Leonard Riskin describes how his family life of never expressing anger later led to his interest in people who did express anger and conflict. He believed that much conflict came from miscommunication, but now realizes there are many causes.

Lincoln, Bill: Imparting Mediation Tools to Disputing Parties - Video (9/16/09)
Bill Lincoln
Bill Lincoln talks about creating the capacity in the parties in order that they are equipped with the tools needed to mediate themselves. Goal is to end with a settlement.

On Guilt, Reconciliation And Forgiveness - A Case Story About Mediation, Dilemmas And Interventions In A Conflict Among Colleagues (9/14/09)
Søren Braskov, Asger Neumann
One of the most important conclusions of the article is that the methods of meditation very often prove to be effective when solving conflicts but at the same time, however, the methods don’t guarantee a constructive process or effective solutions on their own. The circumstances and the situation of the mediation may carry contrasts and paradoxes which simply make the mediation impossible and another authority may be necessary to reach a final decision or solution.

Bill Lincoln: Mediation Interview - Video (8/20/09)
Bill Lincoln
This is an hour-long video with Bill Lincoln, Director of the Conflict Resolution, Research and Resource Institute, Inc. [CRI]. Bill discusses his entry into mediation, and how he has worked with various cross-cultural conflicts, locally and internationally.

Carl Schneider: Repairing Relationships in Mediation - Video (5/21/09)
Carl Schneider
Carl Schneider shares that mediation reaches its full potential when a mediator can help to repair a torn relationship.

Moore, Chris: Changes in World Conflict - Video (5/10/09)
Chris Moore
Chris Moore shares his opinion on how world conflict has gone down in some arenas, but in others it has not, as new issues for dispute resolution have arisen. Also, he describes how the field has been more effective at the grassroots level than at a global level.

Moore, Chris: Anti-apartheid Training in South Africa - Video (5/10/09)
Chris Moore
Chris Moore's account of CDR's work in South Africa during the apartheid and anti-apartheid movement. Moore describes working with employers and conducting workshops for different South African groups.

Carl Schneider: The Power of Apology - Video (3/29/09)
Carl Schneider
Carl Schneider speaks of the significance of apology and its power to heal damaged relationships by acknowledgement and taking responsibility.

Where Settlements Cannot Go – Towards a Praxis of Reconciliation in Group Conflicts (Part 2 of 6) (11/20/06)
Darrell Puls
To reiterate, my primary interest is in finding true resolution to organizational and community conflict and the reconciliation of conflict-damaged relationships. The empirical data led me to conclude that large-scale reconciliation (the healing of pre-existing relationships damaged by conflict) cannot occur without forgiveness. Though forgiveness happens on an individual level, my quest was to find a process to encourage forgiveness and reconciliation on a large scale. While my work focuses primarily on churches and other religious organizations, the empirical data strongly suggest that my findings are also applicable to secular institutions. This series is a result.

Where Settlements Cannot Go – Towards a Praxis of Reconciliation in Group Conflicts (Part 1 of 6) (10/22/06)
Darrell Puls
It is always difficult to admit that what one is doing is often insufficient, but this is that admission. After 30 years in the field of conflict management, including 16 years as a mediator, I have come to believe that conflict in ongoing relationships cannot be managed—it must be completely resolved or it will live on and reconstitute itself with greater destructive energy than before. Like most mediators, I have seen many conflicts where relationships fairly begged to be healed but have not known how to help the parties get there. Nowhere is this more true than in those conflicts where there is an ongoing relationship. Where I once considered getting a settlement to be the measure of success, I have now reversed myself and believe that stopping with settlement is sometimes the measure of failure. Let me explain.   2 Comments

What It Means To Be Sorry: The Power Of Apology In Mediation (1/23/06)
Carl Schneider
The importance of apology as the acknowledgement of injury is familiar to some forms of mediation, including victim-offender mediation, but has been much less understood in divorce mediation. The act of apology represents one of the core reparative opportunities in damaged relations. But it's not easy. This article will describe the opportunity that apology presents, the difficulty we have in seizing that opportunity, and the role that third parties can have in inviting apology.

Apology: The Post-Debate View (11/21/05)
Jerome F. Weiss
This article examines the need for better mediation advocacy through analysis of recent articles on apology and explains how it sets an appropriate tone in certain cases. The article also explains recent clinical experience with respect to apology for medical mistakes and the relationship to mediation advocacy.   2 Comments

Apology: More Power Than We Think (9/26/05)
Darrell Puls
Mediators too often focus on settlement as dispositive of the conflict rather than merely as the issues coming out of the conflict. They often recognize that the relationship needs repair, but do not know how to help the clients get there. Appropriate levels of apology can break logjams. Unfortunately, apology in mediation is underrated because mediators do not understand the four levels of apology and are not trained in the art of helping people apologize.   8 Comments

Apology in Mediation: Sorry To Say, It’s Much Overrated (9/12/05)
Jeff Kichaven
A simple apology—without admission of liability or fault—can go far to ease tension and promote goodwill in a mediation or negotiation setting. Although rarely used and often misconstrued, when done appropriately and sincerely, they can help effectuate fast, fair settlements.   5 Comments

De-Escalation: The Key to Peace (9/12/05)
Douglas Noll
De-escalation moves parties from emotionality to rationality, allowing them to make sound choices. If parties are pushed too quickly to be rational, they will balk and impasse will result. De-escalation is therefore a key element of peacemaking.

Conflict Coaching: Creating Directions for Kobe Bryant and the International Gymnastic Federation (10/25/04)
Elizabeth Moreno
Many people tend to create conflict, rather than consider preventative measures and other ways to shift their culture to be conflict competent. However, there is a new emergence of Conflict Coaching which is emerging as a viable and productive mechanism in an effort to deal with and prevent conflict.

Goodness in Guilt (8/09/04)
Barbara Ashley Phillips
The source of guilt is not important. What is important is that while guilt can keep us stuck, it can also heal. When guilt spurs us to action or to response, it is healthy guilt - or primary emotion. Even anger can be healthy, when it spurs us to action that is not destructive.

The Internal Neutral: Why Doesn't Your Hospital Have One? (6/11/04)
Carole Houk
The National Naval Medical Center (NNMC) in Bethesda, Maryland is the first acute health care institution in the nation to offer a full-time internal neutral for the resolution of health care issues. The data obtained thus far indicates that the presence of a well-trained and properly positioned internal neutral can be a highly cost-effective and efficient resource for resolving patient-provider conflicts.   8 Comments

The Decision to Settle – Balance, Setoffs and Tradeoffs Between Rational, Emotional and Psychological Forces (5/03/04)
Shiri Milo-Locker
The line between a ‘yes’ and a ‘no’- to - settlement decision in negotiation is very thin. The last straw is often what it takes to move parties from a persistent “no” to a willing “yes”. It is true for our everyday-life small decisions like buying a pair of shoes as for large-scale government decisions like accepting a peace plan or going to war. What pushes people to their ultimate decision in negotiation? What are the forces that operate and how do they relate to and interact with each other when a party considers whether to accept or reject a settlement at a certain point in time?

Consciously Incompetent: A Mediator’s Cycle of Learning (12/08/03)
Paula Young
This article explores the four stages of skill development, from the perspective of the mediator: (1) unconscious incompetence, (2) conscious incompetence, (3) conscious competence, and (4) unconscious competence.   1 Comment

Tipping Points - Reasons Why Mediation Works in Complex Family Disputes (9/29/03)
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.   1 Comment

How To Create More Currency In Employment Mediation (9/08/03)
Jeffrey Krivis
When Congress decided to include, as gross income, settlements made for "non-physical" injury torts, it reduced the value of such settlements by up to 45 percent. This has been particularly devastating in employment cases, where emotional-distress recoveries often helped the employee transition into a new employment situation. Now that those recoveries are taxable, it has been difficult for practitioners to find ways to create more value out of a settlement, aside from getting the defendant to pay more money.

The Use Of Mediation In The Patient Complaint Process (1/20/03)
Tony Belak
The time is ripe for a new approach to resolving conflict arising out of a personal and intimate relationship such as health care delivery. With emphasis on listening and empathy rather than legal wrangling, patients and physicians can willingly reconstruct or dismantle their relationship in a manner and fashion wherein they retain control of the outcome with some mutual respect or recognition of needs.

Contributions of Caucusing and Pre-Caucusing to Mediation (1/20/03)
Gregorio Billikopf
The author argues that pre-caucusing—a separate meeting between the mediator and each of the stakeholders before they are ever brought together into a joint session—can not only overcome many of the negatives often associated with caucusing, but has the potential of becoming a pillar of conflict management. Pre-caucusing affords stakeholders the opportunity to vent and be heard at a critical time in the mediation process, when it can reduce defensiveness and increase creativity. Once in the joint session, stakeholders communicate with each other with less mediator interference.   2 Comments

Should We Negotiate with Terrorists? (12/03/01)
Cris Currie
While it may seem that those of us in the field of conflict resolution have had little to say since September 11, 2001, professional negotiators have not been silent on the subject of terrorism. Roger Fisher addressed this very question in the second edition of Getting To Yes, and in January of 1992, the Negotiation Journal published a special issue called Reflections on the War in the Persian Gulf. The insights found in these publications are just as valid in the aftermath of the World Trade Center attack as they were for the terrorism of the 1980s and early 90s.   17 Comments

What is Peacemaking? (5/17/01)
Douglas Noll
Peacemaking is a complicated concept because peace can be defined in so many different ways. When we speak of peace, we understand it in two ways. First, there is negative peace. The second way of understanding peace is as positive peace. Forum Discussion   2 Comments

Mediation and the Power of an Apology: The Case of the Missing Snowman (4/13/01)
Paula Young
Mediation provides a forum in which forgiveness and apology play a critical role in reaching emotional resolution of the dispute. In assessing your client’s interests and needs, how does apology fit in to the mix? Forum Discussion   1 Comment

Pre-Mediation Questionnaire: Dispute Clarification Tool (11/01/99)
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.

"I'm Sorry": The Power of Apology in Mediation (10/08/99)
Carl Schneider
Apology involves the acknowledgement of injury with an acceptance of responsibility, affect (felt regret or shame - the person must mean it), and vulnerability - the risking of an acknowledgement without excuses. It is repair work - work that is often necessary, but difficult.   6 Comments