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.'
Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.
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.
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.
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.
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.
Is your workplace a toxic environment? If there is more than one person per week out sick in your department, chances are it is.
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.
(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”.
One of the first things I learned about in game theory was the prisoner’s dilemma.
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.
(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.
There is often nothing more important to a successful mediation than insightful summarization of the parties’ perspectives.
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.
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.
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?
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."
When two people form a union, whether a legal union – such as marriage, or a domestic partnership, there will be conflict.
(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.
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.
When it comes to defining mediation, I am not a strict constructionist.
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.
(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.
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.
(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.
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.
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.
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.
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.
The tribal effect is often deliberately used to manipulate and divide people. It preys upon the “us v them” mentality.
According to Alexa.com, Mediate.com is most visited and most linked mediation website.
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.
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.
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?
Sounds contradictory, I admit, but it’s an interesting concept and raises an interesting question: Do we always have to agree before taking action?
(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.
An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
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
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’.”
Focus and preparation are the muscles that will give us the perspective and control we need right from the starting gate.
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.
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.
This is a fictional story based on fact, teaching an example about mediation.
On the evening of Tuesday March 28th 2017, a pop-up mediation event on Brexit took place
at the Grassmarket Community Centre in Edinburgh.
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.
(4/21/17)F. Peter Phillips
Lincoln famously wrote: As a peacemaker the lawyer has a superior opportunity of being a good man.
(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.
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.
It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.
(4/21/17)Jan Frankel Schau
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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.