Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown (11/17/09)
Diane J. Levin As readers of this blog know, the private practice of mediation in the United States remains unregulated by government. Arguably, this absence of formal regulation, licensing, and credentialing does not diminish mediation’s standing as a profession. It does, however, place weighty responsibility on the shoulders of U.S. mediators, collectively and individually, to protect the reputation of the profession and to build public confidence in mediation services.
On Becoming a Rationally Irrational Negotiator/Mediator: The 'Messy' Human Brain and the 'Myth of Rationality' - Part 1 of 5: The Irrationality of Being Too Rational (11/17/09)
Robert Benjamin While professionals like to think of themselves as rational
actors; they seldom are. Often, in fact, they are 'irrationally rational."
Neuroscientists and cognitive psychologists have discovered strong evidence tthat the functioning of the human brain is 'messy' affair and all of us are prone to being predictably irrational in our decision making. This throws into serious question the basic rationalist assumptions that underpin current negotiation and mediation practice, theory and training. If reason and emotion are inseparable in our thinking, and what is viewed as rational or irrational behavior is inevitably blurred, then distinctions hamper effective and creative practice. Practitioners might do well to consider how to become 'rationally irrational.'
Don’t Be So Square (11/16/09)
Jerome F. Weiss I recently saw my friend Lisa. She helps individuals and institutions to focus on communication, both within the institution and its workers, and how those individuals and companies interface with the outside world. I find the work fascinating, even if a bit vague, since it relates to something I focus on every day in mediation: the importance of clear communication as the foundation for better understanding and resolution of disputes.
Mediation Jokes (11/16/09)
John Kenyon There is much discussion on whether or not mediation is a profession yet one of the defining marks of a profession is when you can tell jokes about its practitioners. The truth of this observation is the public must know enough about the profession, even if only a caricature or stereotype image, to find the joke humorous. While there are a few mediation jokes around and several cartoons I don’t think we yet have reached that point. Nevertheless, I also think jokes are important to a professions self-identity and we certainly can have a go of poking fun at ourselves. So below are a few jokes I have written that hopefully might tickle our collective funny bone.
Exhilaration And Disappointment (11/16/09)
Alec Wisner How much better it would be if participants in mediation would stop being advocates wedded to their own positions and, instead, were able to honestly analyze their opponents' case and figure out what it will take to move their position.
Multi-Party Facilitation - Improvisation: How to ‘Do The Jazz’ in Multi-party Facilitations (11/12/09)
Alex Azarov Multi-party facilitations often reach such levels of complexity that the facilitator must be thoroughly prepared. However, things often don’t eventuate the way we predict and preparation alone is not enough to avoid a possible de-railing of the process. A skilled facilitator must be able to manage unexpected group dynamics in a similar way to a jazz musician taking part in an improvised performance.
Mediate.com Publishes 300th Issue of Mediate.com Weekly (11/10/09)
James Melamed, John Ford On November 10, 2009, Mediate.com publishes the 300th issue of
The Mediate.com Weekly.
The Mediate.com
Weekly began as a "monthly" in 1997 under the guidance of Founding Editor John Helie and over time became a bi-weekly and then weekly publication under the leadership of Editors John Ford and Jim Melamed. The
Weekly offers Mediate.com's latest articles, news, blogs and resources and is available for
Free. Over 15 years, more than 1,000 authors have contributed to The
Mediate.com Weekly.
Resolving Allegations Of Health Care Fraud – Does The Mediator Matter? (11/09/09)
Jerry Roscoe Few dispute the goal of ensuring better health care through enforcement efforts and their deterrent effect. Health care fraud litigation generates much attention and significant revenues. However, litigation may be less adept at meeting the goal of improving health care delivery, at least not without significant transaction costs. To the extent that resolution of fraud allegations depends on negotiation, it is incumbent upon negotiators to be as effective as possible. Where fraud negotiations are complicated by the barriers cited above, mediation is advised.
Condo Conflict – Facing A Perfect Storm! (11/09/09)
David D. Stein In the cogent, if not immortal, words of Billy Joel, “they started to fight when the money got tight. And they just didn’t count on the tears”. This is true of romantic couples being observed in
Scenes from an Italian Restaurant, families in general and, these days in particular, people living in and dealing with Common Interest Developments [CID] and Home Owner Associations [HOA].
Your Conflict Set To Music (11/02/09)
Roberta Morris Consider how orchestrated music makes people relax. Dentists pipe it into their waiting rooms to calm frayed nerves, and mediators might do the same, but music can do much more throughout a mediation.
Moving The Goalposts - How To Craft A Mediator's Proposal (11/02/09)
Alec Wisner In mediations involving commercial, business, contractual, employment, construction and insurance issues, the bottom line is most often dollars and cents. This is referred to as "distributive mediation," meaning that the size of the pie is predetermined, and the issue is limited to determining what size each claimant's slice will be. In my practice, I've developed a systemic method (sort of) through which I can narrow down my focus as much as possible in order to be able to insert my own proposal in a final effort to close the gap and obtain settlement.
Old Friends, the Internet and Mediation (10/27/09)
James Melamed A short trip to the SF Bay Area this past weekend provided me with an enhanced understanding of how integrated electronic communication has become with the coordination of complex face-to-face events, be that a soccer game, hospital visitation or, perhaps, a difficult mediation.
God Is My Copilot! (10/26/09)
Edward P. Ahrens Remember that old WWII cinematic appeal to patriotism? Made a lot of us—at least those of us old enough to have been around—run out and buy a War Bond. I never expected the theme to reappear in the context of a mediation—but, then, lots of things happen at mediations we don’t expect.
Elder Mediation Matters: Probate, Guardianship and Family Care-giving (10/26/09)
Susan Curcio M.A. Conflict associated with estate matters, adult guardianship and family care-giving can tear families apart. Present decisions regarding an aging family member can be influenced by past history. More families will be faced with difficult choices as the population ages in growing numbers. Elder Mediation offers the opportunity to avoid going through the court system which can be costly, time-consuming and divisive. A skilled Elder Mediator can help participants focus on the future and arrive at creative solutions.
Seldom Does One Size Fit All (10/26/09)
Chandana Jayalath Inter-alia the courts’ primary role is to make, interpret and define law and safeguard the public interests and social values. In contrast, ADR has come into more widespread use believing such formal processes have failed to afford real justice which would mean that parties deserve something more than what courts traditionally offer. It should not however be misled because ADR is not a panacea, anathema or a substitute to courts.
Making Settlements Last (10/19/09)
Alec Wisner A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the overall result to be profitable.
Conflict Management Coaching at the Transportation Security Administration (10/19/09)
Cinnie Noble, Scott Becker, Sam Slosberg In 2003, the Transportation Security Administration, (TSA), an agency of the U.S. Department of Homeland Security, initiated the development of an Integrated Conflict Management System (ICMS), as part of an innovative Model Workplace Program. A Conflict Management Coaching Program (CMCP) emerged early on as one of the many unique service delivery components of this ICMS. This article discusses how this innovative program was designed and addresses how the CMCP has emerged as an integral component of TSA’s ICMS.
You Know You're Taking It Personally When.... (10/19/09)
Bill Eddy When you are involved with a high conflict person (HCP) whether personally or professionally, you have experienced how easy it is to get "hooked" into the conflict and how difficult it is to not take it personally. You can recognize the signs of taking it personally and learn how to manage your own emotions and work on solving the problem.
Divorce Mediation: Is Separate Always Better? (10/12/09)
Kregg Nance, Benjamin Papa It is our experience that the vast majority of divorce mediators in Middle Tennessee conduct all divorce mediations with the parties in separate rooms from beginning to end. This seems to be true regardless of whether the parties have children together, their ability to communicate effectively, or the general level of conflict they are experiencing. This article challenges the premise that “separate is always better” and asks whether automatically separating the parties in divorce mediation serves the parties well, especially long-term.
Let’s Be Clear, Mediation Is NOT Arbitration (10/12/09)
Alan Sharland Sadly I see commentaries about mediation which do not seem to show consistency in the thinking that underlies it, nor a rigour in the practise that follows. Mediation is often described as a process which is more akin to what I understand to be arbitration, something which, in my view is fundamentally different from mediation.
Congregational Conflict Resolution: The Pastor’s Role (10/06/09)
Lester L. Adams I am speaking to you, who are leaders of congregations. In my years of experience as an Elder, I have learned that addressing conflict is one of the most difficult things you are called to do. Because there is very little preparation or effective training in Bible college or seminaries, most leaders are ill-equipped to deal with the strife that arises in their congregation. In this article, I want to share with you a few things that I think will help you be better prepared for this task.
Avoiding the Next Generation of Climate Change Conflicts (10/04/09)
John K, Gamman, Scott McCreary America's move toward an environmental friendly future and green economy is being challenged by an unexpected source: a decision making process that too often pits the concerns of local communities and conservationists against renewable energy developers. Industrial-sized solar and wind projects needed to reach carbon reduction goals and new transmission line corridors to be part of the Smart Grid are being opposed by many communities, resulting in political stalemate. The traditional command and control regulatory process is unable to deal with this complexity. This article puts forward a strategy for resolving political conflicts related to solar, wind energy and transmission line projects.
Timing Is Everything (9/28/09)
Oran Kaufman Timing plays an important role in all aspects of mediation. What time of day is the mediation occurring? Are there things to be watchful for if the mediation is occurring in a particular month? What if one party wants to move fast and the other wants to slow down the mediation? This article explores these issues and will increase your awareness about the importance of timing in mediation.
Confronting Psychological Challenges: An Interview With Daniel Shapiro (9/28/09)
Gini Nelson This is an interview by Gini Nelson of Daniel Shapiro. Daniel is Associate Director of the Harvard Negotiation Project, and is on the faculty at Harvard Law School and in the psychiatry department at Harvard Medical School/McLean Hospital. He specializes in the psychology of negotiation. He co-authored with Roger Fisher the book Beyond Reason: Using Emotions as You Negotiate (Viking, 2005). Daniel founded and directs the International Negotiation Initiative, a Harvard-based project that develops psychologically focused strategies to reduce ethnopolitical violence.
Book Review Of Collaborative Divorce Handbook: Helping Families Without Going To Court (9/25/09)
Forrest S. “Woody” Mosten has been a visionary trailblazer for over 30 years. The first time I heard Woody speak was in Denver in the late 1990’s. The topic was Unbundling Legal Services. I remember thinking, boy is he courageous! I contemplated the resistance he would surely face from the rest of legal community. When you get to know Woody, you quickly discover that he is a champion of the ones who have no voice, the client drowning in conflict; a change agent on a very large scale.
ADR = Arbitration Done Right? (9/21/09)
Jerry Roscoe Despite the fact that an increasing number of matters are negotiated through mediation, arbitration remains the process of choice for many commercial and contract disputes, particularly in health care disputes. Given the popularity of arbitration, one is reasonably safe in placing litigators into one of two categories: those who have arbitrated and those who will. Either category of advocate (or their client) might benefit from a quick review of ADR or, in this case, Arbitration Done Right.
The Application Of Motivational Interviewing In A Mediation Caucus (9/21/09)
Merriam Saunders When parties agree to mediate, there must inherently exist a certain ambivalence between the positions they hold and their desire to reach a compromise. Mediators should be able to apply the technique of motivational interviewing, especially in a mediation caucus, to assist disputants in resolving that ambivalence toward making the necessary compromise. This paper will compare the similarities between mediation and motivational interviewing objectives, and highlight the application of motivational interviewing in the mediation process.
Securing The Court’s Continued Jurisdiction Over Settlements With Future Payments (9/14/09)
Elizabeth Moreno The payment of settlements in monthly installments over two or more years is common in this economic downturn. A mediator works hard on getting the parties to agree upon the dollar amount to settle the case, but defendant’s attorney comes up with a new condition. Payments have to be made over the next two years, because defendant does not have the ready cash to pay plaintiff within 30 days.
Lawyers & Mediators: Mediation Isn’t Mediation (9/14/09)
Jeff Bean Lawyers and mediators often mean different things when they say “mediation,” and they often don’t understand they mean different things. They have a common interest in understanding the difference: to serve a new client that demands both a consensus-oriented dispute resolution process and legal advice and representation.
Mediation Would Fail In Shylock’s Approach: The Exception Of Construction Revisited (9/07/09)
Chandana Jayalath Although the idea behind mediation is to facilitate the parties to resolve the dispute on their own terms, the tendency will be to fail mediation in construction unless the mediator actively intervenes in changing the dynamic of the conflict by contractual, financial and technical evaluations. The author contends that the key elements of mediation, such as neutrality and impartiality, can still be secured in construction mediation as long as the mediator does not step over the line into judgment.
Robert Benjamin Wins ACR Haynes Award (9/04/09)
ACR Veteran mediator Robert Benjamin has won the Association for Conflict Resolution's John Haynes Distinguished Mediator Award. Benjamin will be honored for his extensive contributions to the field of conflict resolution and his creative approaches to effective mediation.
Janet Rifkin Wins Follett Award (9/03/09)
ACR Janet Rifkin, Professor of Legal Studies at the University of Massachusetts at Amherst, will be honored at the upcoming ACR Conference with the Mary Parker Follett Award for pioneering work in mediation and dispute resolution.
Johnsons Win Diversity And Equity Award (9/03/09)
ACR The Rev. Nelson Johnson and Joyce Johnson have won the Marvin E. Johnson Diversity and Equity Award from the Association for Conflict Resolution for their commitment to restorative justice, truth and reconciliation efforts in Mississippi.
Emotional Intelligence In Mediation (8/30/09)
Trip Barthel Conflict is more a state of emotional imbalance between parties than it is a resource-centered enigma. A conflict hasn’t begun until there is an emotional response, before that it is merely problem solving.
On Finding Uncommon Ground (8/30/09)
Michael Jacobs There’s a prevailing belief that mediation is about ‘finding common ground’ Mediators often exert subtle pressure in trying to squeeze positions closer together in an effort to demonstrate overlapping territory. This article argues that such pressure towards commonality may in fact be counterproductive.
Neutrality Is Desirable And Attainable (8/30/09)
Diane Cohen It is a fundamental principle that a mediator should be unbiased as between the parties. It is also generally accepted that a mediator should avoid acting upon his or her opinions. It is not universally accepted, however, that it is possible for the mediator to avoid forming opinions, or at least having them solidify, regarding the parties’ situation in the first place.
Video Interviews with Leading Mediators (8/25/09)
Robert Benjamin The Mediate.com Video Center now includes nearly 100 hour-long interviews with leading mediators. You can watch full interviews or search the interviews by topic or text. Go and take a look! You will be impressed.
The NYPD & The Three C’s: Communication, Community & Cricket (8/23/09)
Jeff Thompson Often when I speak about conflict and dispute resolution I mention three words that I consider to be my mantra in regards to Alternative Dispute Resolution (ADR). Communication, Understanding and Peace are what I strive to create in all my interactions, be it as a mediator, conflict coach, consultant, or as a police officer in the New York City Police Department.
Mediate or Arbitrate Instead of Litigate (8/23/09)
Kathleen Johnson The title pretty much says what the article is about. It gives specific about why you would want to mediate or arbitrate rather than Litigate. It also gives specifics about mediation and arbitration and the various hybrids and types of both.
Effective Strategies For Growing Your Collaborative Law And Mediation Practice (8/17/09)
Elizabeth Ferris Are we starting to see a turnaround in the economy? Recent reports are showing increased optimism about the economy than they were even three months ago. What does this mean for lawyers and professionals who want to grow their Mediation and Collaborative practice? This is the time to execute strategies for proactively growing your practice. The outreach and planning you do today will positively or negatively impact the growth of your practice in the next 3-6 months.
An Untypical Mediation (8/16/09)
Edward P. Ahrens After well over three hundred mediations, it becomes difficult for me, as it is for other mediators, to recall with any detail a particular mediation.
The Efficacy Of Agents In Mediation (8/16/09)
Jason A. Waxman This paper poses the following question: how do both the mediation process and the outcomes thereof differ with the involvement of an agent, namely a lawyer, compared with a process that involves the parties acting directly in a self-determinative fashion? In other words, do agents improve or detract from mediation?
What is Marital Mediation or Mediation To Stay Married? (8/13/09)
Angela Ioana Green Mediation to Stay Married (also known as Marital Mediation) is a mediation process for couples who are experiencing marital problems or difficulties and who would prefer to stay together, work through their issues in a constructive way, who are willing to learn to resolve conflict and who wish to avoid divorce.
Plan in Pencil! (8/10/09)
David D. Stein One pithy, and very valuable, lesson Eisenhower passed on to those of us who need to plan and carry out those plans, on any level, is his famous quote that I call up in almost ever one of my mediations. “Plans are nothing, planning is everything”. There is great wisdom in that simple phrase.
Mediating How People Get Along (8/10/09)
Diane Cohen Mediating how people get along is important in many different areas of mediation. In some case, the entire set of issues between the parties may be matters of tone, subtle behaviors, etiquette, style and world view. Helping parties deal with these sorts of issues effectively can be the key to many mediation cases, and can add value to the resolutions achieved in a mediation case.
A Creative Thinker: An Interview with Jack W. Cooley (8/04/09)
Gini Nelson We are here republishing this interview by Gini Nelson with Jack Cooley. Jack recently passed away. Among many accomplishments, Jack is a former United States Attorney, Senior Staff Attorney for the United States Court of Appeals for the Seventh Circuit, and a partner in a Chicago law firm. His most recent article at Mediate.com is
“The Joke Model Of Creative Thinking.” The article got five stars from Robert Benjamin, who declared about it, “The creativity and quality of thought are obvious.”
How President Obama Gets To Yes (8/03/09)
John Sturrock President Barack Obama's willingness to acknowledge that he had chosen his words
badly in his response to the incident involving Harvard professor Henry Gates and a
Massachusetts police sergeant – and his suggestion that all three of them meet up at the
White House for a "beer summit" – marks him out yet again as a man who is able to act in a way which is different to that which we often expect of politicians.
112 Ways to Succeed in Any Negotiation or Mediation (Book Review) (8/03/09)
Jeff Thompson Steve Mehta, already an accomplished mediator and ADR (Alternative Dispute Resolution) blogger, has decided to take on the title of author for his latest project.
112 Ways to Succeed in Any Negotiation or Mediation is the title of his debut as an author and to those who know him, it comes as no surprise that Mehta has provided us with a valuable resource.
When Is the Right Time To Mediate? (7/27/09)
Jeff Kichaven For many years, I, like many other mediators, answered the question of when to mediate something like this: "It's always the right time to mediate. The cost is modest compared to the overall legal fees, so if there's even the slightest chance of settlement, mediation is a good bet. Plus, even if you don't settle, you learn a lot along the way."
Elder Mediation (7/27/09)
Georgia Daniels This article introduces Elder Mediation to potential consumers and referral sources. It uses an example of a typical conflict to show how the outcome could be different with mediation, and walks the reader through the usual stages of an elder mediation, using a facilitative model.
Jack Cooley - A Paradox of Quiet Brilliance (7/26/09)
Robert Benjamin John W. "Jack" Cooley, died of cancer at the age of 65, on July 21, 2009, in Chicago, Illinois. He was a highly regarded mediator and arbitrator as well as an inspired teacher, theorist and writer in the field. For me, the highlight of many conferences and meetings over the past years was a quiet dinner or drink with Jack Cooley, often before heading out to listen to jazz. With his passing, we can't allow his brilliance to slip away.
Professionalization Of Conflict Resolvers (7/20/09)
Deborah Sword Those of us speaking out against creating certification for conflict resolvers don't seem to have a lot of allies. The weight of popular opinion is that it should (must) be done. I appreciate an opportunity to present a cautionary point of view.
Building Positive Emotions In Mediation (7/20/09)
Fredrike P. Bannink Little attention has so far been paid to theories of positive emotions in psychology and mediation. This may well reflect the spirit of the age in which most disciplines have focused on problems and it may also reflect the nature of emotions themselves. The literature in psychology for the last 30 years has 46.000 papers about depression and only 400 papers about joy (Meyers, 2000).
Gender Justice In Ghana Through Court-Connected ADR (7/20/09)
Senyo M. Adjabeng Women and children have mostly been the most vulnerable when any form of trouble befalls a group of people. In ensuring that the vulnerable especially women and children obtain speedy and effective justice, Court-Connected (Court Annexed) ADR may be considered as an explorable opportunity and alternative for reaching a mutually acceptable resolution in some cases of abuse or potential abuse.
A Peaceful Argentinean Leader Died – Raul Alfonsin (7/13/09)
Rene Llapur Argentina mourns a political leader called Raul Alfonsin in these days. More than one hundred thousand people gave they farewell to their former politician guide in the Buenos Aires streets. This unusual reaction was atypical for the last 35 years, when Juan Domingo Peron, a former and charismatic president had died.
Co-Parenting After A Divorce—Tips From A Mediator (7/13/09)
Brian James Co-parenting starts the day the decision is made to divorce has been made. Even the most amicable divorces need a plan for future co-parenting. Putting your children's best interests first, no matter how much you may dislike their other parent, is the key to co-parenting.
Challenging Conflict, Mediation Through Understanding (Book Review) (7/13/09)
Adam Berner Even for the most avid of readers, there is just so much written out there that it is overwhelming to zero in on must-read books. This is especially true as our field expands. So, in case the accolades from leaders in our mediation field do not suffice, including Professors Carrie Menkel-Meadow, Bernie Mayer and Robert Mnookin, let me say that
Challenging Conflict, Mediation Through Understanding, published in cooperation with the Harvard Program on Negotiation, is a must-read for any mediator serious about deepening his or her mediation skills and seeking greater opportunities to help parties in conflict.
Procedimiento conciliatorio en Colombia (7/12/09)
Harbey Peña Sandoval El presente es el primero de cinco documentos que tienen como objetivo describir las etapas que integran el procedimiento conciliatorio en Colombia. En esta parte, se analizará la solicitud de conciliación desde un punto de vista jurídico.
Governor Sanford – Give Marital Mediation a Try! (7/07/09)
Laurie Israel Like many mediators, I am pained to read accounts of celebrity brethren who struggle with their marriages. The media is insistent. The lights are glaring. Celebrities experience their marital problems under a microscope of public view. Yet, the problems they face are the same as many clients. The big issues are infidelity, money, perceptions of lack of contribution, boredom, lack of respect, spending no time together, and issues raised by children and in-law families. Divorce is not the inevitable end. Governor Sanford, I encourage you and your wife to give Marital Mediation a try!
Mediation Disguised In The Dispute Process For Public Works In Qatar (7/06/09)
Chandana Jayalath Parties prefer a mechanism that does not call the employer as their ‘disputant’ may be because the employer is everybody’s paymaster or the potential source of future jobs. Parties also appreciate speedy, flexible and fair outcomes, rather than too formal procedures that are time and money consuming. Consequently, parties have realized the importance of solving their conflicts of opinion, both commercial and contractual, at the ‘employer’s level internally. This is where in-house settlement comes into play in the context of public works in Qatar.
Mediation In Healthcare (6/29/09)
Holly Hayes Bovio A new leadership standard issued in January 2009 by The Joint Commission, the accrediting body for hospitals, addresses the development of a code of conduct that defines acceptable, disruptive, and inappropriate behaviors; and requires the creation and implementation of a process for managing disruptive and inappropriate behaviors.
Mediation And Social Norms: A Response To Dame Hazel Genn (6/29/09)
Charlie Irvine The article is a response to Dame Hazel Genn’s 2008 Hamlyn Lecture, in which she characterized mediators as having ‘no interest in justice and fairness.’ The article argues that mediators’ own rhetoric has allowed this caricature to develop and suggests that, in practice, mediators are no longer indifferent to norms like justice and fairness, if they ever were. Drawing on the work of Ellen Waldman and Julie MacFarlane this article examines the role of social norms and ethical codes in mediation practice, and calls on mediators to examine their values.
The ‘Texas Shoot Out’ And Other Ways To Get Out Of Deals! (6/22/09)
Manie Spoelstra Most partnerships, joint ventures, marriages and many contracts and alliances start off with big plans,
grand expectations, speeches and champagne! Statistics indicate that the majority will, somewhere in the future, due to many personal and financial reasons, reach a point of such conflict or deadlock that parties want to ‘get out’!
Mediation And The Right To Privacy: Confidentiality, The USA PATRIOT Act, And Us (6/22/09)
Susan Oberman This article addresses the offer of confidentiality in mediation which ultimately references the constitutional and common law right of privacy, and makes confidentiality in mediation one of the rare instances in which citizens can exercise this right. However, rules of evidence can override confidentiality, in reality it cannot be guaranteed. The USA PATRIOT Act Section 215 places promises of confidentiality in even greater jeopardy. The legal boundaries around what can be kept confidential make what mediators say about it a key example of how mediation is not an alternative to, but an option within, the legal system. As a critical aspect of supporting party self-determination, mediators need to fully understand and explain confidentiality.
A Recent Finding on Oxytocin (6/22/09)
Kenneth Cloke In a recent experiment, Swiss Neuroscientists Beate Ditzen, Marcel Schaer, Barbara Gabriel, Guy Bodenmann, Ulrike Ehlert, and Markus Heinrichs found for the first time a direct connection between oxytocin and couple bonding in human subjects. The following summary is drawn from their research report.
A View of Mediation in the Future (6/21/09)
James Melamed One topic that is not talked about much is: mediation in the future. Perhaps we assume that the future of mediation is self-defining or that "others" will make good choices. Will courts and agencies be the primary delivery system for mediation? It did not start that way. What about community programs? And what about technology? Mediation may be soon coming to a pocket or purse near you.
Mediation And Equal Justice For The Poor (6/15/09)
William S. Harralson Throughout the history of America, justice and injustice have co-existed in a fierce struggle to determine which contender would emerge in victory. Money and the lack of money remain decisive factors in determining the extent to which an individual will have access to our civil court system. Alternative means of resolving disputes, most notably mediation, have gradually positioned themselves as attractive options especially for those who live in a condition of poverty. This brief essay will explore the extent to which mediation serves to advance or impede the goal of achieving equal justice for every American.
Ombudsman ADR: The 6 C’s Of Sociocratic Peace Building (6/15/09)
Clayton Gilman The 6 C's; communication, complaint, cooperation, consensus, consent and coordination act as mental milestones for facilitators and mediators in group oriented conflict management scenarios. Increasingly the Sociocratic process of self governance is gaining popularity in all sizes and types of groups in North America and is becoming the preferred structure for processing issues, disputes and complaints. The 6 C's support this process between small to very large groups.
A Nuanced Comparison Of Transformative, Insight And Narrative Mediation (6/15/09)
Jason A. Waxman Within the broad framework of mediation, there exists an expansive spectrum of styles. A particular approach or style of mediation may, therefore, be more appropriate depending on the circumstances. There are also, however, numerous similarities among the range of methodologies. The purpose of this paper is to compare and contrast the specific approaches of transformative, insight and narrative mediation. Although these three methods differ in their approaches and applications, they are fundamental to the discipline of mediation as a whole, and contribute to both the improvement of communication and relationships, as well as to the possibility of mutually beneficial settlements.
