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Zena Zumeta

Interview with Zena Zumeta

(5/23/17)Zena Zumeta

This is the complete interview by Robert Benjamin with Zena Zumeta, long time mediator, trainer and former President of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.'

Peter Adler

A User's Guide to Joint Fact Finding — "JFF"

(5/23/17)Peter Adler

Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.

Laura Kaster

Improving Professionalism by Improving Judgment: Keys to Advising about Settlement and Mediation

(5/22/17)Laura Kaster

When a client is involved in a dispute, we must also develop the ability to evaluate the best next step, including whether settlement negotiation or mediation would best serve the client and how to advise the client on an appropriate value at which settlement would be better than ongoing dispute.

Hadassah Fidler

Nesting a New Co-Parenting Arrangement

(5/22/17)Hadassah Fidler

Divorce is a hard process and perhaps nobody knows this better than the children of divorced parents, who can find themselves caught up in a situation over which they have little control facing an uncertain future.

Greg Rooney

The Profound Apology

(5/22/17)Greg Rooney

An apology can be given on many levels from a general acknowledgement at one end of the spectrum to a profound apology at the other end.

Lorraine Segal

On Being Bullied—reflections, lessons, and gratitude 8 years later

(5/22/17)Lorraine Segal

When I was in the middle of horrific, workplace experiences, I did whatever I could to protect myself from the worst effects of bullying and mobbing.

Jacqueline Burnett-Brown

Toxic School Environments Make Teachers Sick

(5/22/17)Jacqueline Burnett-Brown

Is your workplace a toxic environment? If there is more than one person per week out sick in your department, chances are it is.

Sarah Cole

Nursing Homes May Continue to Use Arbitration Agreements

(5/22/17)Sarah Cole

In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration.

Jan Frankel Schau

If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation

(5/22/17)Jan Frankel Schau

Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.

Phyllis Pollack

A Real Case of Prisoner’s Dilemma

(5/22/17)Phyllis Pollack

One of the first things I learned about in game theory was the prisoner’s dilemma.

Robert Benjamin

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

(5/16/17)Robert Benjamin

Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.

Joan B. Kelly, Ph.D.

Top Ten Ways To Protect Your Kids From The Fallout Of A High Conflict Break-Up

(5/15/17)Joan B. Kelly, Ph.D.

Joan is an author, therapist, mediator, and parenting coordinator with four decades of experience working with high conflict parents who are separating.

Diane Cohen

The Art and Science of Summarization in Mediation

(5/15/17)Diane Cohen

There is often nothing more important to a successful mediation than insightful summarization of the parties’ perspectives.

Tom Stipanowich

Interview with Thomas Stipanowich

(5/15/17)Tom Stipanowich

This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Pete Desrochers

Negotiation - Part 3

(5/12/17)Pete Desrochers

We all function through thinking processes we develop from early childhood. These “mindsets” determine how we react, how we analyze, how we plan and how we make decisions.

Michael Johnson

Conflict and the Advent of Social media in the Evolution of Society

(5/12/17)Michael Johnson

Social media is changing how society behaves at a pace that we just cannot fathom. We have embraced it with open arms, but have we taken three steps back to digest it and understand how societal social skills have been affected?

Charlie Irvine

Cooperation with a Competitor

(5/12/17)Charlie Irvine

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."

Jacqueline Burnett-Brown

Marital Conflict is Not a Mental Health Disorder

(5/12/17)Jacqueline Burnett-Brown

When two people form a union, whether a legal union – such as marriage, or a domestic partnership, there will be conflict.

Jan Frankel Schau

The Role of Humility in Mediation

(5/12/17)Jan Frankel Schau

Sometimes I have to step back and admit to myself that as the mediator, I am merely the guide to a voluntary conversation about whether and how a particular case may be settled.

John Lande

Creating Knowledge Together

(5/12/17)John Lande

This article is about the idea that performers "making” the music may seem odd at first considering that they are “merely” performing music that others had composed.

Susan Yates

Mediation Shouldn’t Be More of a Barrier Than a Boon

(5/12/17)Susan Yates

When it comes to defining mediation, I am not a strict constructionist.

Lynne Eisaguirre

The Conflict Skilled Organization

(5/09/17)Lynne Eisaguirre

What is the common denominator in most organizational conflict? The leaders have not spent enough time and energy thinking about culture —that invisible glue that holds organizations together and determines organizational effectiveness.

Michael P. Carbone

Mediation Strategies: A Lawyer’s Guide To Successful Negotiation

(5/09/17)Michael P. Carbone

Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.

Pete Desrochers

Negotiation - Part 2

(5/08/17)Pete Desrochers

In preparing for an argument or negotiation we need to research the facts. We’ll never make the other party change his or her opinion if we don’t understand it.

The Ambivalence of Self-Regulation in ODR

(5/08/17)Hotur Krishna Bharadawj

ODR is thought to supplement existing ADR methods to address disputes quickly and adequately using technology and the Internet.

Tammy Lenski

How to be Truly Helpful When Someone is Upset

(5/08/17)Tammy Lenski

When someone is upset, one familiar response is to ignore it and forge ahead. Another is to try to make them feel better with kind reassurance.

Jeff Thompson

New ISIS "Just Terror Tactics" Calls For Hostage Taking

(5/08/17)Jeff Thompson

This is important for crisis and hostage negotiators to read and understand as it presents the potential perspective of a terrorist-subject when the incident involves a hostage standoff situation.

Larry Susskind

What's Happening in the Field of Urban Planning?

(5/08/17)Larry Susskind

Today’s planners are committed to taking action – helping to implement improvements in the quality of life, particularly for the most vulnerable segments of society, often through public-private partnerships of various kinds. They are attempting to establish peaceful societies and minimize community conflicts.

Joe Markowitz

Winning

(5/08/17)Joe Markowitz

In the analyses of this week's budget deal, whether from the politicians of both parties or from the pundits, mostly we are hearing about which side scored the most points.

Phyllis Pollack

Jack and Jill Go Up a Hill… And Argued No More (Part 2!)

(5/08/17)Phyllis Pollack

The tribal effect is often deliberately used to manipulate and divide people. It preys upon the “us v them” mentality.

Jim Melamed

Comparative Data on Mediation Websites: Most Visited and Most Linked

(5/04/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

Howard Gadlin

Interview with Howard Gadlin

(5/04/17)Howard Gadlin

This is the complete interview by Robert Benjamin with Howard Gadlin, Ombudsman and Director of the Center for Cooperative Resolution at the National Institutes of Health since 1999, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Jerry Barrett

Seeking Academic Help

(5/03/17)Jerry Barrett

I’ve been thinking more urgently about getting scholars and others interested in using the scholarly FEMA collection, and in finding someone to continue the work of storing our mediation stories.

Sandeep Bhalothia

Negotiation and Mediation: Is that a Law Student's Cup of Tea?

(4/28/17)Sandeep Bhalothia

Ever wondered why mooting or debating is a very essential part of law student’s life? Ever wondered what kind of skills a law student can develop by participating in a moot or a debate?

Maria Simpson

DIS-agree and Commit

(4/28/17)Maria Simpson

Sounds contradictory, I admit, but it’s an interesting concept and raises an interesting question: Do we always have to agree before taking action?

F. Peter Phillips

Consumer Redress and “The New Handshake”

(4/28/17)F. Peter Phillips

For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs.

Best Practices for Managing Wills Between Family Members

(4/28/17)Elaine Rushing

An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.

Andrea Schneider

Andrea Schneider's Award Acceptance Speech

(4/28/17)Andrea Schneider

Andrea was kind enough to forward me a copy of her acceptance speech from Saturday. As you might expect it was inclusive, clever and funny. If you had to leave early and missed the luncheon, the text is included below. Make sure you read it in Andrea’s voice to get the full effect! ~ Kelly Browe Olson

Beth Graham

The Agreement to Arbitrate and the ‘Applicable Law’

(4/28/17)Beth Graham

Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.”

Pete Desrochers

Negotiation - Part 1

(4/27/17)Pete Desrochers

Focus and preparation are the muscles that will give us the perspective and control we need right from the starting gate.

Jim Melamed

BBB Complaints Against Mediation.com

(4/27/17)Jim Melamed

At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates.

Clare Fowler

Caseload Manager Helps Ombuds Offices Meet Best Practice Standards

(4/24/17)Clare Fowler

Ombuds offices have elevated and unique needs for managing personal and case information and for meeting other best practice standards. Caseload Manager now supports ombuds offices meeting these best practice case management standards.

Gregg Relyea

Mediating in the Shadow of Faith: Personal Beliefs, The BATNA Analysis, and Dealmaking

(4/21/17)Gregg Relyea

This is a fictional story based on fact, teaching an example about mediation.

John Sturrock

A Pop-Up Mediation: Multi-Party Dialogue Using Mediation Brexit: A Constitutional Crisis?

(4/21/17)John Sturrock

On the evening of Tuesday March 28th 2017, a pop-up mediation event on Brexit took place at the Grassmarket Community Centre in Edinburgh.

Justin Kelsey

3 Things that Mediation is NOT

(4/21/17)Justin Kelsey

Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you.

F. Peter Phillips

Lawyers as Peacemakers and Changemakers

(4/21/17)F. Peter Phillips

Lincoln famously wrote: As a peacemaker the lawyer has a superior opportunity of being a good man.

Michael A. Zeytoonian

Resolving a Dispute is like Traveling…

(4/21/17)Michael A. Zeytoonian

Resolving a Dispute is Like Traveling, Writing a Business Plan, or Choosing a Course of Medical Treatment: If you take the wrong road, you won’t get the result you want.

Art Hinshaw

Aragaki - The Dao of Friendly Skies

(4/21/17)Art Hinshaw

In the past week the Internet went ablaze with news reports of United Airlines passenger Dr. David Dao’s merciless ejection from a Louisville-bound flight.

Dan Simon

Litigation–Style Mediation Has Got to Go

(4/21/17)Dan Simon

It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.

Jan Frankel Schau

The Challenge of Forward Vision in Mediation

(4/21/17)Jan Frankel Schau

In mediation, I sometimes find that the hardest challenge is helping the “victim” to cease focusing on their past and begin to envision their future differently.

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