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Althea Halchuck

Hospice and Conflict Resolution

(9/23/16)Althea Halchuck 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.
Paul Rajkowski

Shameful Performance

(9/23/16)Paul Rajkowski 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.
Larry Susskind

Socially-Responsible Real Estate Development

(9/23/16)Larry Susskind 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?
Roland Chesters

When Does Unconscious Bias Become Discrimination?

(9/23/16)Roland Chesters 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.
Jan Frankel Schau

Money and Happiness: How Mediation can change your client’s outlook

(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.
Nadja Alexander

UNCITRAL and the enforceability of iMSAs: the debate heats up – Final Installment

(9/23/16)Nadja Alexander 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.
David A. Hoffman

Interview with David Hoffman

(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.
Hadassah Fidler

Mediation is Not Magic

(9/16/16)Hadassah Fidler 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.
Elly van Laar

Want to Transform Enemy Images? Start with Selflove

(9/16/16)Elly van Laar You owe it to yourself to move to a place of compassion and empathy.
John Lande

Non-Apology Apologies, Part 2

(9/16/16)John Lande 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.
John Sturrock

Olympian Mediation

(9/16/16)John Sturrock 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.
F. Peter Phillips

New York’s Global Pound Conference

(9/16/16)F. Peter Phillips A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.
Tammy Lenski

The Real Message Anger is Trying to Deliver

(9/16/16)Tammy Lenski During conflict, focusing mostly on anger’s behavior instead of on anger’s real message is like burying the lede in a news story.
Phyllis Pollack

Emotions Control

(9/16/16)Phyllis Pollack Researchers discovered that when the LSU Tigers unexpectedly lose a football game, the juvenile judges take their anger/frustration at the loss out on the juveniles before them by imposing longer sentences.
Meredith Richardson

When Your Game Face Makes You Out of Touch With Your Emotions

(9/16/16)Meredith Richardson Our game face, or our poker face, is the face we put on for the outside world that masks what is happening for us internally.
Zulma Dinca

Observando la Educación desde paradigmas del siglo XXI

(9/15/16)Zulma Dinca Con el ingreso en la era de las políticas socioeducativas, el sistema educativo y, por ende, la escuela, entró en un proceso de profunda transformación. Ya la Educación no es responsabilidad sólo de la Escuela, se convierte, en ese evento, patrimonio de la Sociedad.
Jay Folberg

Interview with Jay Folberg

(9/12/16)Jay Folberg This is the complete interview by Robert Benjamin with Jay Folberg filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Robert Benjamin

The Risks Of Neutrality - Reconsidering The Term And Concept

(9/12/16)Robert Benjamin As mediators, we seem to be drawn to the word "neutral" as a descriptive term for what we do and as a conceptual frame for our professional role. Beyond the theoretical discussion, however, there are some very practical risks for mediators to consider in continuing to describe themselves as neutrals.
Sheldon Stark

Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters--Book Review

(9/09/16)Sheldon Stark This book is a collection of previously published essays by two outstanding lawyers, one of whom is a well respected arbitrator, who practice labor and employment law in Michigan. The essays - witty, thought provoking and insightful - are drawn from experience in the trenches. They address lawyering, brief writing, mediation and arbitration, civility, persuasion, life, and MORE!
Denise Evans

Doing Commerce Requires Relationship: Why Relationship is an Important Part of Commercial Dispute Resolution

(9/09/16)Denise Evans Commerce is a relationship activity – it makes no sense if mediators fail to address relationship in resolving commercial disputes.
Bernard Morrow

Reality Testing: The Right Dose at the Right Time

(9/09/16)Bernard Morrow This article examines party expectations and testing those expectations in mediation.
Jason Dykstra

Solving the Busyness Problem

(9/09/16)Jason Dykstra Think about the last time that someone asked us how things were going? We probably responded with, “pretty good, you know…keeping pretty busy!”
F. Peter Phillips

Boiling Down Consumer Arbitration

(9/09/16)F. Peter Phillips By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed.
Tammy Lenski

3 Everyday Practices That Will Make You a Good Listener

(9/09/16)Tammy Lenski You don’t get better at listening during conflict by practicing during conflict. You get better at listening during conflict by practicing outside of conflict, where the stakes are lower and it’s easier to be on top of your game.
Jeff Thompson

Stress and Crisis Hostage Negotiation

(9/09/16)Jeff Thompson Stress is something synonymous with the world of crisis and hostage negotiation. Stress is expected but when unchecked and unaccounted for, it can lead to spontaneous actions, foolish moves, inaccurate assumptions being made, and potentially violence. This article provides multiple resources for dealing with stress.
John Lande

Training Law Students to be Leaders

(9/09/16)John Lande The Ohio State program teaches students about lawyers’ service as leaders in various ways in their work in addition to lawyers’ generally-recognized leadership roles in civic society, including public service, outside their day jobs.
Lester Levy

Resolving Complex Environmental Disputes

(9/09/16)Lester Levy This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and remediating an extended plume of PCP groundwater contamination.
John Paul Lederach

After the Handshake: Forging Quality Implementation of Peace Agreements

(9/06/16)John Paul Lederach After nearly four years of negotiations the Revolutionary Armed Forces of Colombia (FARC-EP) and the Colombian government publicly released a 300-page peace agreement ending the half-century war, the last armed conflict in the Western Hemisphere.
Zahra Jimale

Divorcing Peacefully

(9/02/16)Zahra Jimale A comparison of the resolution process of two former spouses, one who chooses litigation and the other who chooses the collaborative process.
John Sturrock

The Pressure is on to Re-train Our Brains

(9/02/16)John Sturrock The fight or flight response of our forebears remains strong when we are under pressure.
Keri Morris

Improving the Lives of Children by Delivering Family Dispute Resolution into New Zealand Prisons

(9/02/16)Keri Morris We share our experience and learnings of delivering Family Dispute Resolution into New Zealand prisons to improve the lives of children.

Self-help Mediation Tool for Couples

(9/02/16)Søren Braskov, Asger Neumann This article presents a self-help tool for people in the marriage or relationship. The tool includes principles for mediation and refers to the use of a mediator if conflicts are too difficult for themselves to solve.
Phyllis Pollack

Bring Them Cake!

(9/02/16)Phyllis Pollack This blog may not have much to do with mediation but has everything to do with conflict resolution.
Nadja Alexander

The Regulatory Robustness Rating in Practice: Conclusion

(9/02/16)Nadja Alexander Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy.
Meredith Richardson

Could Your Relationship Survive a Crisis?

(9/02/16)Meredith Richardson The bigger story when you are in a crisis is how it impacts your relationship with your spouse and what that says about your relationship.
Bernard Mayer

Interview with Bernie Mayer

(8/30/16)Bernard Mayer This is the complete interview by Robert Benjamin with Bernie Mayer, co-founder of CDR Associates in Boulder and an instructor at Creighton's Werner Institute, filmed for the Mediate.com's 'Views from the Eye of the Storm' Video Series.
John Lande

Non-Apology Apologies

(8/26/16)John Lande The law generally doesn’t do much to promote apologies. Even if courts could order parties to apologize, the apologies probably would be of the unsatisfying tell-your-sister-you’re-sorry variety.
Doug Nathan

Confessions of a Mediator

(8/26/16)Doug Nathan I have a confession and I hope you won’t think less of me for it.
Maria Simpson

So Much Anger to Manage! Part 2

(8/26/16)Maria Simpson “Anger management works – if you’re not angry.”
Ian MacDuff

The Power of the Unexpected Question

(8/26/16)Ian MacDuff As mediators, it is great to reflect on the challenge and the power of finding just the right question – usually one that can’t be planned, but one that reflects an intuition about what “tweaks” the conversation could withstand and what might just provide a new direction.
Phyllis Pollack

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

(8/26/16)Phyllis Pollack During the past year, there have been two interesting developments regarding mediation confidentiality.
Beth Graham

The Arbitrator Survey: Practices, Preferences and Changes on the Horizon

(8/26/16)Beth Graham Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.
Michael Aurit

Not Another “How to Choose the Best Divorce Mediator” Article: It’s a Matter of Trust

(8/26/16)Michael Aurit Articles about “Choosing the Best Divorce Mediator” may soon be more numerous on the Internet than the actual number of divorce mediators that exist in the world. Go ahead, Google it and be amazed!
Robert Benjamin

The Natural Mediator

(8/24/16)Robert Benjamin I think that what many say the character traits of a good mediator should be are not what they actually are. In contrast to the conventional belief of which traits make a good mediator, I have distilled four important attributes of the natural mediator.
Zena Zumeta

Interview with Zena Zumeta

(8/23/16)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.'
Claudia Maffettone

Principles and Practices of Peace and Conflict Resolution in Islam. The Case of Morocco.

(8/19/16)Claudia Maffettone In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.
Donal O’Reardon

What's Wrong with Transformative Mediation?

(8/19/16)Donal O’Reardon “Transformative” mediation has grown in popularity in recent years. It’s a style of mediation that looks to “transform” the relationship between the parties in a conflict.
Maria Simpson

So Much Anger to Manage!

(8/19/16)Maria Simpson Everybody seems to be angry lately, and a lot of people are writing about it.
F. Peter Phillips

New Book on Business ADR

(8/19/16)F. Peter Phillips The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”
Lorraine Segal

Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.
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