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J. Kim Wright
What is Integrative Law? The Emergence of a New Legal System (7/02/15)
J. Kim Wright
The author describes the pillars that have developed and appear to be the foundation of the Integrative Law movement and the emergence of a new legal system.

Charlie Irvine
“Justice” Report for England and Wales: A Missed Opportunity for Radical Change (6/29/15)
Charlie Irvine
"Justice," a UK think-tank committed to legal reform, launched a new report in April 2015 entitled "Delivering Justice in an Age of Austerity". It proposes significant changes to the justice system of England and Wales, including a new character, the "Registrar", who would have powers to mediate, provide early neutral evaluation, dismiss cases or refer them to a judge. The article provides a detailed critique of the proposals, concluding that despite great merit, they extend the "shadow of the law" by making early neutral evaluation the default. A more radical and empowering change would have been to make mediation the default, with ENE and adjudication the remedial alternatives.

Don Gordon
Solving the Growing Never Married Parent Dilemma for Courts and Divorce Professionals (6/29/15)
Don Gordon
Almost one of every four births today are to unmarried, cohabitating couples. This represents an 80% increase. It used to be that marriage was the norm when pregnancy was involved. Now it is not.

John Sturrock
In An Interdependent World There Is No Them And Us, Only Us (6/29/15)
John Sturrock
The old certainties are gone. The disruption caused by the General Election result will inevitably cause instability - and opportunity. Now is the time for new thinking, a break from the old paradigms. You don't solve your problems by using the same thinking that got you into them, as Einstein would say.

Richard Bone
Avoiding the Uncertainty of a Medical Malpractice Trial (6/19/15)
Richard Bone
Alternative dispute resolution (ADR) provides viable and attractive alternatives to jury trials as a means of resolving medical legal disputes arising out of allegations of professional negligence. The two primary alternatives to a jury trial for medical malpractice cases are mediation and binding arbitration.

Jay Rothman
The Cincinnati Police-Community Relations Collaborative as a National Model for Improving Police-Community Relations Today (6/19/15)
Jay Rothman
The US is now facing national crisis and vigorous discussion about the faults of its criminal justice system, particularly around the African American community and its encounter with the police. This is an opportune moment to take stock of lessons learned from The Cincinnati Collaborative, hailed as national model for police-reform and improving partnership and problem solving between police and community.

John Sturrock
Making Better Use of Mediation to Resolve Disputes and Manage Difficult Issues (6/19/15)
John Sturrock
Mediation encourages parties who have – or who anticipate having – differences, conflict or a dispute to sit down and talk, with a view to finding a mutually acceptable way forward. It is usually most appropriate when, for a number of reasons, people are unable to negotiate effectively for themselves or have reached some sort of impasse or deadlock. It recognises that direct negotiations can be difficult in many situations. It can also be effective to prevent awkward situations escalating.

Jeff Thompson
Researchers Identify Useful Negotiation Strategies for 'Honor Cultures' (6/19/15)
Jeff Thompson
The following research study could be of interest to crisis negotiators as it involves the concept of different cultures- especially those in which "honor" has a significant role.

Michael A. Zeytoonian
Why Taking the High Road to Deflate “Deflategate” is Important (6/19/15)
Michael A. Zeytoonian
It’s the most talked about dispute in New England and in sports these days. Deflategate. But really, how important is this issue? Whether the league rule was violated and footballs were intentionally deflated to a weight less than the range allowed. On a scale of 1 to 10, 10 being most important, this topic is a 1, if that. Ask anyone who ever played football, at any level.

Jai Jayaraman
“Bags of Trouble” (6/19/15)
Jai Jayaraman
I started getting interested in conflict resolution back in the late 90s. At the time I was a business analyst working on retail supply chain issues.

Viggo Boserup
Consolidation and Conflict in the Health Care Industry (6/19/15)
Viggo Boserup
The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health care industry in the past 20 years. - See more at: http://jamsadrblog.com/#sthash.AQhZ4CpV.dpuf

Tammy Lenski
The Surprising Way to Ask Better Questions in Conflict (6/19/15)
Tammy Lenski
When we’re stuck in conflict, sometimes it’s the questions we’re asking ourselves or our sparring partner. To ask better questions in conflict, try this surprisingly useful trick…

Charlie Irvine
Lawyers of the Future on Mediation: Threat or a Promise? (6/19/15)
Charlie Irvine
We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments.

Joe Markowitz
Trade Negotiations (6/19/15)
Joe Markowitz
This article contains some thoughts based on my experience with negotiation and mediation in general that may be relevant to the ongoing Congressional fight over passage of fast track authority for the Trans-Pacific Partnership (TPP) trade agreement (which suffered a major setback in June, 2015).


Designing a Successful Parenting Plan (6/17/15)
Don Gordon, Jack Arbuthnot
Here are several important issues you should think about as you design your parenting plan. A child needs the love and affection of both parents, but they also need both as teachers. These roles should override your desire to “own” your children.

Dave McDonald
Say it Ain't So, Marge and Homer! (6/12/15)
Dave McDonald
It was leaked recently that Marge and Homer Simpson are soon planning to separate. I guess the divorce rate in Springfield is comparable to the rest of the United States, and with Homer’s continued antics, how can you blame Marge?

Jason Dykstra
Why We Have Different Experiences (6/12/15)
Jason Dykstra
How often does this happen to us? We experience the same action as another person and walk away from the action with a totally different perspective that happened. It happens at staff meetings, conversations with our bosses or employees, and even with our partners and kids.


Missourri Declares it Unconscionable for NFL Commissioner to Arbitrate Employment Dispute (6/12/15)
Beth Graham, Liz Kramer
Disputing would like to invite you to check out Liz Kramer’s recent blog post entitled “Missouri Declares It Unconscionable For NFL Commissioner to Arbitrate Employment Dispute.” In her blog post, Ms. Kramer examines two significant arbitration decisions that were recently issued by the Supreme Court of Missouri.

Katherine Graham
So You Think You Don’t Need Dispute Resolution in Your Organisation? (6/12/15)
Katherine Graham
Over the next 6 weeks we will be following Carol, Mike and their colleagues, as they experience the difficulties that arise when we don’t have the skills to handle conflict at work. It all ends in an unnecessary grievance; so how did something that started out as a small problem get to that outcome?

John Lande
Planning is Critically Important for Early Dispute Resolution (6/12/15)
John Lande
Early mediation is a waste of time. This was a refrain I heard several months ago at a meeting of lawyers representing large corporations.

Zachary Ulrich
Not All Mediation Educational Programs Are Worth the Time or Money (6/12/15)
Zachary Ulrich
Given the rapid expansion of the mediation field over the past several decades, an increasingly important question for young and aspiring mediators is whether it is worth the time and/or money to invest in what are, in many cases, quite extensive mediation and dispute resolution training programs that have popped up around the world.

Tammy Lenski
Walk it Out to Work it Out (6/12/15)
Tammy Lenski
If you want to boost creative problem solving or get a fresh perspective, then get up from your conference room table and climb out of those comfy living room chairs. Walking is better.

Mattie Robertson
Compliance Success with Mediated Settlements in Small Claims (6/11/15)
Mattie Robertson
A report on the success of mediated settlement agreements by SEEDS Community Resolution Center's mediation team in Small Claims Court in Alameda County. High compliance with settlements has provided litigant parties with a reliable and effective way to resolve their cases using interest-based negotiation within a community mediation model.

Laura Athens
Overcoming Reluctance to Engage in Mediation (6/11/15)
Laura Athens
Many attorneys know and appreciate the benefits of mediation.  Those who are familiar with the benefits of mediation readily propose and eagerly participate in it.  However, should you encounter any resistance, how can it be addressed?

John Ford
The Future of Mediation (6/09/15)
John Ford
A coach once asked me to predict which way a drop of water would go around a rock up ahead. Of course there is no way of knowing: the water drop may not make it due to evaporation to the atmosphere, absorption by the river bank, and then if it does make it to the rock, whether it goes left or right, over or below. However, even if the future is uncertain, we can still comment on where the drop of water is at the moment. Even its relationship to our imagined future. And of course about its past.

Belinda Jokinen
Dissolution- Don’t let the Resolve Dissolve (6/06/15)
Belinda Jokinen
I was helping this couple, Jane and John of course, sort out the details of their divorce. The item that was the most difficult to “separate” was the china cabinet. They had invested time, and money, and both had an attachment to it. We were on our 3rd session and they had been able to remain in the same room every time. When we discussed the cabinet they got real snippy so it was time to visit with them separately.

Gary Direnfeld
Separated Parents and the Continuum of Conflict (6/06/15)
Gary Direnfeld
Not all parental separations are alike and not all parental separations spell disaster for their children. The social science research advises that the most salient factor in determining risk for poor developmental outcomes for children subject to parental divorce is the level of conflict between the parents.

Michael Moffitt
A Maddening Nevada Supreme Court Case (6/06/15)
Michael Moffitt
Three days ago, the Nevada Supreme Court released an opinion in the case of Weddell v. Sharp et al. (Here). Although it has facts that would make ADR & Civ Pro professors fairly swoon, the opinion itself is maddening. Both the majority and the dissent.

Vivian Scott
The Little Things in Our Relationship Won’t Ruin Us (6/06/15)
Vivian Scott
A few months ago Yahoo Style published an item by Sloane Bradshaw that talked about how letting the little things go in her relationship ended her marriage. The headline caught my eye and, as I began to read, I expected to recognize small warning signs in my own relationship.

Lorraine Brennan
A Pregnant Pause: Using ADR to Resolve Pregnancy-Related Workplace Issues (6/06/15)
Lorraine Brennan
A recent case heard before the U.S. Supreme Court, Young v. UPS (issued March 25, 2015), caught the attention of many women and employers as well. In Young, the Court interpreted the Pregnancy Discrimination Act (PDA), in particular the second clause of that Act, which reads that employers must treat “women affected by pregnancy…the same for all employment-related purposes…as other persons not so affected but similar in their ability or inability to work.” - See more at: http://jamsadrblog.com/2015/06/02/a-pregnant-pause-using-adr-to-resolve-pregnancy-related-workplace-issues/#sthash.wJpiwrSY.dpuf

Jason Dykstra
Intent…Action….Effect! (6/06/15)
Jason Dykstra
This is a repost of a blog from a few years ago that was recently brought to my attention. I received a message from a reader that asked if I could point them to the follow-up posts that I alluded to in this post. As I searched for the follow-ups I realized that I didn’t actually write any! So…in the coming weeks (this time) I’ll be posting more about this communication model and it’s awesomeness.

Jeff Thompson
The 2016 Global Pound Conference Series (6/06/15)
Jeff Thompson
In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what might be the “greatest reform in the history of the country’s judicial system “.[1] Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate in a series of unique thought leadership events around the globe under the auspices of a Global Pound Conference (“GPC”) series.

Bill Marsh
Mediating Early and Late (6/06/15)
Bill Marsh
It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued.

Phyllis Pollack
Seeking “Justice” (6/06/15)
Phyllis Pollack
Plaintiffs file lawsuits seeking “justice”. Defendants respond, stating they are seeking “justice” as well. Both come to mediation, seeking “justice”. When I am told this, that each side wants “justice”, I am not sure how to respond because I do not know exactly what that word means.

Brian Jerome
Musings of a Long Time Arbitrator (6/05/15)
Brian Jerome
Musings of a Long Time Arbitrator reflects on the positive and challenging aspects of serving as a neutral, in a manner both realistic and humorous. Similar practitioners will be able to immediately relate, and those that seek or utilize the services of ADR providers will get a direct look at the implications of a neutral’s daily reality.

Larry Gaughan
Beyond “Divorce American Style": The Search for a More Responsive Process (6/05/15)
Larry Gaughan
Marriage is a high risk undertaking. Consider the statistics. In recent years the number of marriages each year is just over twice the number of divorces in the same year. So when two adults in their late 20’s – let’s call them Justin and Lisa - decide to get married and have an expensive wedding with all the trimmings, there is a good chance that they will also get divorced. And when they do, it wouldn’t be unusual for their divorce to cost as much as (or more than) their wedding and honeymoon.

Renita Spotser
Why Mediation Would Benefit In The Adrian Peterson Saga (6/05/15)
Renita Spotser
Adrian Peterson’s current situation needs a mediator…STAT! This article explains how mediation could be beneficial in the Adrian Peterson saga.

Richard Barbieri
Presenting Your Presentation: A Few Words (6/05/15)
Richard Barbieri
The passing of William Zinsser leads me to offer some suggestions on writing well in a specific context: applying to present at a professional conference, or seeking to attract participants to a workshop, based on over forty years of both writing and reviewing proposals.

Kenneth Cloke
Let’s Talk: Charlie Hebdo, Immigration, Terror and Prejudice -- Notes Toward a Proposal for Dialogue over Difficult and Dangerous Issues (6/02/15)
Kenneth Cloke
As wars, religious and political differences, and international problems such as global warming, environmental degradation and poverty expand their reach, importance and severity, stimulating mass migrations and deepening social tensions, we are increasingly forced to recognize that military solutions cannot succeed; that legal processes take too long to implement; and that diplomacy does not reach deep enough into the ranks of those who are drawn to violence.

Don Cripe
Settle Your Personal Injury Claim Before A Lawsuit Is Filed (6/01/15)
Don Cripe
As a retired lawyer who handled many personal injury cases (both as a defense lawyer and for plaintiffs), an Arbitrator and Mediator who has handled many, many more, some things become ever more obvious as the years pass. Resolving most personal injury cases before a lawsuit is filed (or at least before the defense files an answer) accomplishes most of the objectives of the parties more quickly and efficiently than after.

Charlie Mulvey
The Family Mediator's New Tool (6/01/15)
Charlie Mulvey
After setting forth the nexus that alcohol abuse and dependence has with both domestic abuse and violence, but also with high conflict parties, then briefly discussing the evolution and technological advances of alcohol detection devices, the Author recommends that every family mediator should be carrying one, both to ensure the safety and security of the mediator and parties, but also as a tool in negotiating child visitation and possession when alcohol abuse or dependence is alleged.

Denise Evans
Would Mediation Help Resolve the Dispute Between Taranaki and Tongariro? (6/01/15)
Denise Evans
The article is about what if ?mediation had been an option in Maori legend as a metaphor for disputes between family members.

Phyllis Pollack
Competition to Cooperation (6/01/15)
Phyllis Pollack
When I started mediating cases, I never thought that I would have to be aware of or learn advanced mathematics. But a book that I recently finished has shown me otherwise.

Lynne Kinnucan
In This Corner: The Antisocial Personality Disorder (It’s all about me!) Hostage-taker (6/01/15)
Lynne Kinnucan
A few years ago, police in New England cornered a young man, who, after a long hot pursuit from an aborted bank robbery in Vermont entered a residence in Massachusetts, and took a deputy sheriff and his children hostage in their home. This individual, who said he had to rob the bank because his parole agent was demanding he repay the car loan that he lost gambling, met his father for the first time when they were in the same state prison. During protracted negotiations, he rationalized his situation and blamed others for his troubles.

Patricia Porter
Workplace Systemic Issues: Do Your Leaders Really Want to Know? (6/01/15)
Patricia Porter
Like many conflict resolution or ADR professionals who start as a mediator, it doesn’t take long before a mediator doing workplace cases in one organization begins to wonder about the organization’s culture, communication, or leadership skills. “If only the organization had better practices, the mediation (or coaching or training or group facilitation) wouldn’t be needed”, many have thought.

Maria Simpson
Juries of Their Peers (6/01/15)
Maria Simpson
When I was in fourth grade, a few millennia ago, our teacher established a system so we could settle a lot of our own disputes. General mischief-maker, Walter, was elected judge, a decision that completely confounded our teacher, and the class was the jury.

Tammy Lenski
Bearing Witness to Suffering: Mediating in the Shadow of Pain (6/01/15)
Tammy Lenski
Philosopher Simone Weil wrote, "Those who are unhappy have no need for anything in this world but people capable of giving them their attention. The capacity to give one's attention to a sufferer is a very rare and difficult thing; it is almost a miracle; it is a miracle.

Art Hinshaw
Asking Tough Questions About Mandatory Arbitration and Article III (6/01/15)
Art Hinshaw
Our good friend Jean Sternlight (UNLV) sends along her opinions on Sharif, one of last week’s Supreme Court cases and how it impacts the Federal Arbitration Act.

Alessandra Sgubini Roxanne De La Roche
Managing the Cost of Conflict (5/22/15)
Alessandra Sgubini Roxanne De La Roche
Conflict is a common occurrence in society. It arises everywhere, among different types of parties, in different parts of the world, and for different reasons. If conflict is not addressed properly it can escalate and degenerate leaving serious consequences in its wake. This article explores the true costs of conflict, methods to address conflict, and how to prevent conflicts from escalating in the first place.

Dr. Lynne C. Halem
The Good Divorce (5/22/15)
Dr. Lynne C. Halem
“What is a good divorce?” you ask. “After all, divorce is not a good or a happy event.” Correct you are. Divorce cannot be logically characterized as “good,” if we are referring to the event itself. Divorce is a time of sadness, even regret; it symbolizes the end to dreams once held. “ So,” you ask again,” how can a divorce be good?”

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