Days after June's UK Brexit Referendum, US Secretary of State John Kerry advised: 'It is absolutely essential that we stay focused on how, in this transitional period, nobody loses their head, nobody goes off half-cocked, people don't start ginning up scatterbrained or revengeful premises.'
(10/24/16)Samantha Blake, Milan Slama
Although they have distinctive practices that differ in purpose, goals, and approach, workplace investigators and mediators share certain common objectives.
These are a collection of sketches and inspirational quotes by Brad Heckman of the New York Peace Institute, such as "We have never arrived. We are in a constant state of becoming." — Bob Dylan (Nobel Laureate!).
The challenge we face is how to be adaptable, but still focused and effective. To meet this challenge, we need to remain clear about our fundamental purpose, to keep working on refining our skills and enhancing the range of approaches we can take to achieving those purposes, to commit to diversifying our field, and to maintain a clear hold on our values and ethical principles.
Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties valued in the tens of millions of dollars.
This article discusses the May 6 incident where a Weirton WV police officer attempted to negotiate with an assailant and then other officers arrived and shot the person. This article discusses the importance of using negotiation in seeking to deescalate violence and the need for police to have this training.
(10/21/16)Irma Isabel Salazar Mastache
El objetivo de la presente investigación tiene que ver con conocer y analizar, desde la perspectiva teórica-conceptual de la paz integral, algunas de las posibles causas que imposibilitan u obstaculizan los diferentes procesos de mejora de la convivencia escolar, para después sugerir alternativas posibles que ayuden una cultura de paz integral.
A recent article in Forbes (10/1/16) includes some really dismaying statistics about management communication and training. Here are three.
Are you sick of people discussing politics at work? Or are you one of those folks who can’t seem to stop talking about the candidates?
This author wonders if “restorative justice” is not about forgiveness or reconciliation nor is it mediation nor is it designed to reduce recidivism. It is neither an alternative to prison nor replaces our legal system.
(10/17/16)Joan B. Kelly, Ph.D.
The divorce rate began its sharp increase in the early 1960's and more than doubled by the end of the 1970's. This was accompanied by dramatic changes in cultural traditions, societal expectations, and divorce and child custody laws.
The author is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.
(10/14/16)Daniel Ben-Zvi, Caroline Vincent
Walk into a mediation and you walk into a world of possibilities. Lawyers need to leave their weapons at the door and be open to opportunities that can arise in mediation.
(10/14/16)Justin Kelsey, David Goodman
This article summarizes five U.S. Tax Court cases in which the Court ruled against the taxpayer on issues involving deductible alimony.
To the same extent that Brazilian market agents excel in their passion, enthusiasm, and capacities as business (wo)men, these fail miserably when disputes emerge with their peers, competitors, clients and/or suppliers.
Chronic or unresolved conflict can trigger us to react based on what has happened in the past even when the present circumstances don’t warrant that reaction.
In December 2015, a FINRA Dispute Resolution Task Force issued its Final Report and Recommendations for improvements to the administration of its forum and its ADR processes.
The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category among all classifications.
(10/14/16)Jan Frankel Schau
During the week between Rosh Hashanah and Yom Kippur, the Jewish people declare that “The Book of Life” is still open.
This blog synthesises some remarks I have made recently to policy-makers in Scotland.
Our friend and colleague, Tim Pownall, passed away October 9, 2016 Tim was a gifted teacher and a committed peacemaker–known for his dedicated work in reconciliation and thoughtful, constructive dispute resolution through initiatives like the PACIS Project for Interfaith Dialogue.
The origins of the mediation profession are anchored in the practical necessity of managing disputes. But mediators, as all human beings, have a need to imbue their work with special meaning--it is part of our evolutionary biology and psychology. Undergirding practice with value structures can be beneficial and give greater focus and depth to our everyday work, but there are risks.
(10/10/16)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, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Cynefin is a Welsh word that means we are influenced by multiple factors in our environment that we can never fully understand. It is a good way to describe the complex world we are experiencing in this early part of the 21st century.
When friction enters a working relationship, sometimes the best path through isn’t to talk it out. Sometimes the best path through is an indirect one — ask for a favor. Here’s how the Ben Franklin Effect works.
Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.
How can they possibly support ____ for president?!
It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.
On Sunday voters in Colombia surprisingly rejected a peace agreement that took the parties years to negotiate. The agreement would have ended more than 50 years of a civil war that has pitted the government against the rebel FARC army.
El conflicto constituye una constante básica en el desenvolvimiento cotidiano del aula. Sin embargo, esta realidad conflictiva puede mostrarnos un dinámico potencial educativo si es observada como oportunidad de aprendizaje.
This article promotes the use of elder and adult family mediation to approach issues of aging and geriatric care. Targeted towards family caregivers, it outlines 3 reasons mediation can be beneficial when approaching difficult conversations.
"Talk To Me" is the NYPD's Suicide Prevention & Mental Illness Awareness Campaign. Social media is being used to share crisis communication skills, dispel myths, connect people with services, and more.
The Government has announced £4.4m funding for 10 innovative schemes to tackle bullying in schools.
(10/03/16)F. Peter Phillips
In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision.
Online Dispute Resolution (ODR), the practice of resolving disputes via the Internet or digital applications, has been developing since the mid-1990s. As the field has grown and gained traction, it has increasingly received attention from professional associations and industry leaders in the world of alternative dispute resolution (ADR) More recently, it has begun to receive recognition from sources outside of this field – in both the public and private sectors.
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.
For those who still think that litigation must always be conducted in an adversarial manner--that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution--consider that the courts are telling you otherwise.
(10/03/16)Jan Frankel Schau
Most people know that when you approach mediation, you typically bring a different tone of voice and even a different vocabulary from the rest of litigation.
Recently (as part of a book club), I read The Psychology of Conflict by Raul Randolph (Bloomsbury Publishing PLC, London 2016) who is a barrister and mediator. His approach is to use existentialism as the vehicle through which to discuss the psychological aspects of mediation.
Conflict can touch anyone, at any time of life. In this article, I talk about end-of-life conflict, specifically those disputes related to hospice. I explore who is involved, why disputes arise, and reasons they are hard to resolve. I also speak about the importance of having a mediator as part of the hospice team.
Mediation, which is intended to be a neutral performance by a mediator, is slowly sliding into a performance by a mediator that is anything but neutral. Current mediation processes defined by lawyers are more courtroom than collaborative.
To date, most discussion of social responsibility focuses on what is called Corporate Social Responsibility (CSR). That is, what do corporations need to do to meet their social responsibilities?
Nobody likes to be told they are biased – usually. Most of us would like to think that we are fair and open-minded, willing to explore the unknown – to a degree, accepting of other people’s differences. At least that’s what I used to think.
(9/23/16)Jan Frankel Schau
It seems to me that if the mediator can symbolically suggest that within 30 days, the individual would have $XXXXX in their bank account to do with whatever they wish, including merely keeping it in there as a “safety” precaution if times get rough, we might go a long way towards boosting their happiness quotient.
The mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies.
(9/20/16)David A. Hoffman
This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediation is the buzz word of conflict resolution. Reading around mediation would make it appear that if you have a conflict, a mediator, like a magician, can wave it away without a frown crossing anyone’s face.
(9/16/16)Elly van Laar
You owe it to yourself to move to a place of compassion and empathy.
It seems that there are a lot of stories about questionable apologies in the news lately. I don’t intend to discuss all of them, but here are a few more thoughts about some of them.
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The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory Coast opponent in the last second of the bout, giving the latter his country’s first ever Olympic gold medal.