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Peter T. Coleman

What Leads to Cooperation and Competition?

(9/22/17)Peter T. Coleman

This article is part of a series based on the ideas of Morton Deutsch.

Sandeep Bhalothia

Mediation in Domestic Violence Case: Whether to Use or Not to Use? – An Indian Perspective

(9/22/17)Sandeep Bhalothia

In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.

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).

Debbie Smith

10 Things to Consider Before Signing a Prenuptial Agreement

(9/14/17)Debbie Smith

So you need to determine things to consider before signing a prenuptial agreement and don’t know where to start?

Arthur Pressman

Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation

(9/14/17)Arthur Pressman

Noted lawyer Gerry Spence is as accomplished a painter as he is a trial lawyer. In both of these activities Spence creates canvases. More importantly, he understands in both pursuits that he is the painter and not the painting.

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?

L. Randolph Lowry

Interview with Randy Lowry

(9/10/17)L. Randolph Lowry

This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.

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.

Educating the Next Generation in Conflict Resolution: A Review of "Trouble at the Watering Hole: The Adventures of Emo and Chickie" - Book Review

(9/08/17)Gregg Relyea, Joshua N. Weiss

This article includes reviews by Dan Shapiro, Director, Harvard Law School, International Negotiation Program, and other notables, including Bill Ury and the Dalai Lama, of the children's book Educating the Next Generation in Conflict Resolution: A Review of "Trouble at the Watering Hole: The Adventures of Emo and Chickie" by Gregg Relyea and Joshua Weiss.

Leah Wing

Ethical Principles for Online Dispute Resolution: A GPS Device for the Field

(9/07/17)Leah Wing

The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations.

Peter T. Coleman

When Does Conflict Move in a Good or Bad Direction?

(9/07/17)Peter T. Coleman

We should work hard to approach conflicts as mutually shared problems.

Klaus Peter Berger

Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book Review

(9/07/17)Klaus Peter Berger

This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.

Joshua N. Weiss

Mastering the Art of Negotiation - Book Review

(9/06/17)Joshua N. Weiss

This is a book review by Joshua Weiss of the book Mastering the Art of Negotiation.

Todd Jarvis

Spirit of Dialogue - Book Review

(9/06/17)Todd Jarvis, Aaron Wolf

This is a book review by Todd Jarvis of The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Conflict by Aaron Wolf.

Melanie Frizzell

The Role of Emotional Intelligence in HealthCare: Bridging the Gaps of Communication

(9/01/17)Melanie Frizzell

The goal of this article is to provide tools for health care employees and employers to support everyone acting with greater emotional intelligence.

Larry Gaughan

Using ADR Ideas to Negotiate Divorce Agreements

(9/01/17)Larry Gaughan

In negotiating a divorce agreement, it’s important to understand how the spouses negotiated with each other during their marriage.

Michael Toebe

When a Dispute "Win" May Prove Shortsighted

(9/01/17)Michael Toebe

This is a brief examination of a dispute between the Washington Redskins NFL football team and the government over the franchise's team name, which many see as racist. The organization won in court, yet did they really "win?"

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."

Sarah Malik

Doing Your Homework Before Mediation: Increasing the Likelihood of Success

(8/25/17)Sarah Malik

When parents or a couple decide to pursue mediation, the mediation is more likely to be successful if the parties prepare mentally and practically.

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).

Peter T. Coleman

World Peace: How Do We Keep Nations from Thermonuclear War?

(8/18/17)Peter T. Coleman, Morton Deutsch

This article describes ideas on peace and justice from the career of Morton Deutsch.

Michael Lang

Why Case Consultation/Reflective Practice Groups Matter for Mediators

(8/18/17)Michael Lang, Rochelle Arms

While mention of reflective practice in the field of mediation has grown in recent years, its use is still not standardized in the work of most mediators.

Martin Brink

Do Not Let Your CEO Even Read This!

(8/18/17)Martin Brink

This Editorial is about corporate mediation, and that is not always CEO stuff. The question is raised whether your CEO is open to this corporate mediation stuff.

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.

Steven Platt

Litigation vs ADR – Different Strokes for Different Folks

(8/18/17)Steven Platt

This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.

Pete Desrochers

Negotiation - Part 6

(8/17/17)Pete Desrochers

Exploders make up the second category of difficult people; but they are totally opposite from the Snipers we looked at before.

Peter Adler

Into the Mediator's Gray Zone

(8/14/17)Peter Adler

Like other mediators and arbitrators, I work in the gray zone of human affairs, the interstitial area between hard positions, contending oppositions, and powerfully different assertions about what is “the truth.”

Sean Garrity

Mediate.com Helps Divorcing Couples Resolve and Learn From Conflicts

(8/14/17)Sean Garrity

Founded more than 20 years ago as a vehicle to connect professional mediators with individuals who need dispute resolution services, Mediate.com today presents more than 15,000 articles and top-tier resources for its 5 million annual visitors.

Elizabeth Bader

The Psychology and Neurobiology of Mediation

(8/11/17)Elizabeth Bader

From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.

Dan Berstein

How to Talk About Mental Health Without Offending Everyone - TEDx

(8/11/17)Dan Berstein

Mediator Dan Berstein shares his journey to being open with his bipolar disorder, and how conflict resolution skills can help us overcome barriers to having conversations about mental health. In this profound story, learn how to get past the assumptions, paternalism, and stigma to make room for the other person's story and connect.

Aldo Civico

Master the 7 Steps to Conflict Transformation

(8/11/17)Aldo Civico

Whenever I ask participants in my workshops what words they associate with conflict, they come up with expressions that have most of the time a negative quality. They associate conflict with fear, anxiety, frustration, sadness, loneliness, anger, etc. But it doesn’t have to be like that.

Beth Graham

Misclassification in the Sharing Economy: It’s the Arbitration Agreements

(8/11/17)Beth Graham

Elizabeth Chika Tippett, Associate Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It’s the Arbitration Agreements.”

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