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John Lande

How Can We Build Common Ground Between Bubbles?

(12/03/16)John Lande

This article analyzes Republican and Democratic 'bubbles" and how we can build bridges between them.

Lila MacLellan

The Scientifically Proven, Step-by-Step Guide to Having a Breakthrough Conversation Across Party Lines

(12/02/16)Lila MacLellan

There seems to be no way around it: In the aftermath of a contentious US presidential election, conversations between voters all along the political spectrum either devolve into shouting matches and insults, or irreconcilable platitudes.

Dan Simon

Strength and Responsiveness in the Time of Trump

(12/02/16)Dan Simon

Transformative theory acknowledges people’s propensity to fall into a vicious cycle of feeling threatened, losing compassion for each other, and then behaving in ways that perpetuate or worsen those experiences.

Alberto Elisavetsky

Seis Claves de un Mediador Para ser Feliz… o al Menos Intentarlo

(12/02/16)Alberto Elisavetsky

La felicidad se construye con actos en el día a día que te hará ser consciente de que transitas junto a ella.

Beth Graham

Online Dispute Resolution: Stinky, Repugnant, or Drab

(12/02/16)Beth Graham

Professor Robert Condlin, University of Maryland Francis King Carey School of Law, has written an interesting paper entitled, “Online Dispute Resolution: Stinky, Repugnant, or Drab.”

Tammy Lenski

Weaving the Narrative of a Conflict

(12/02/16)Tammy Lenski

Conflict takes root in the space between our narrative about what happened and theirs.

Maria Gimena Funes

Mediacion Escolar, un Paradigma de las Nuevas Formas Comunicacionales Y Vinculares

(12/02/16)Maria Gimena Funes

Dado el fenómeno progresivo de la violencia, urge la necesidad de un apropiado abordaje en la Escuela, mediante una herramienta capaz de fomentar relaciones sinérgicas y construir espacios comunes que interpreten las diferencias y el posible enfrentamiento de intereses como instrumentos formativos.

Scott McCreary

Leveraging an Early Joint Fact Finding Effort to Propel Use of the Approach and Improve Ocean Health

(12/02/16)Scott McCreary

This article tells the story of a collaborative effort between the Bodega Marine Lab, and CONCUR principal Scott McCreary (then an MIT PhD student), and top research scientists in their efforts to ban tributyltin in the United States in the early 1980's.

Underdog Negotiating: A Dialogue on Asymmetric Bargaining

(11/30/16)Robert Benjamin, Peter Adler

Do the Dems still have enough juice to bargain? Is there a strategy or plan? And, regardless of our individual political proclivities, do we as professionals have anything to suggest to current and future Underdogs when it comes to bargaining with Big Dogs?

America at a Crossroads

(11/28/16)Tony Belak, Pradeep Deshpande

Is intervention possible that will permit the US society to continue to rise or to keep the decline at bay longer?

Peter Huang

Some Timeless Business Wisdom from Peter Drucker and How It Can Help Your Dispute Resolution Efforts

(11/28/16)Peter Huang

Dealing with disputes effectively is indisputably a core skill for any manager.

How to Get Control of the Money?

(11/28/16)

When we ask people to come up with a budget, even when they are given a detailed outline with prompts, they give us blank stares. Likewise, when we get those worksheets back, in many cases they are far from reality.

Louise Penberthy

Six Signs that You’re Being Unwisely Generous with Clients – And What to do About It

(11/28/16)Louise Penberthy

Have you ever been particularly generous to a client, only to have the client not appreciate your generosity and even try to take advantage of you?

Maria Simpson

Listening Matters

(11/28/16)Maria Simpson

Since the election I’ve been hearing the same analysts that talked about the tone and style of the debates now talking a lot about listening and how so many people failed to listen carefully to others and understand their concerns.

Mervyn Malamed

Brave Discussions

(11/28/16)Mervyn Malamed

Unless there’s a conflict crisis, the vast majority of conflicts fly under the radar; and the more senior managers are, the less they know!

Joe Markowitz

Lost in Translation

(11/28/16)Joe Markowitz

This article discusses the film "Arrival," which attempts to make some larger points about language, arguing that the language we speak can actually affect the way we think.

Meredith Richardson

Parenting Across the Miles

(11/28/16)Meredith Richardson

When people with young children divorce, they create a schedule of parenting time for each parent with the children. What happens when life disrupts this schedule?

Phyllis Pollack

The Slippery Slope

(11/28/16)Phyllis Pollack

At one point or another in our lives, most of us have told “little white lies” if only to avoid hurting someone’s feelings. In telling that “little white lie”, we tell ourselves it is harmless and it will lead to nothing, and definitely, will NOT lead us to tell “bigger white lies”.

Greg Bond

Who Should Be Promoting Mediation and Why? Mediation in Germany: The Poor Cousin to the Courts?

(11/28/16)Greg Bond

There was a prominent mediation case that hit the headlines in Germany in October and November this year.

Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination

(11/22/16)Robert A. Baruch Bush, Joseph P. Folger

For us and the colleagues we’ve worked with for many years, our first premise has always been that self-determination, or what we call empowerment, is the central and supreme value of mediation – a premise probably shared by many in the field.

Sam Imperati

Ironically, Bush and Folger are Evaluative

(11/21/16)Sam Imperati

There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."

Carrie J. Menkel-Meadow

Interview with Carrie Menkel-Meadow

(11/21/16)Carrie J. Menkel-Meadow

This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Janet Wiseman

Are They Ready to Divorce?

(11/17/16)Janet Wiseman

How many times do clients come into your divorce mediation office when they aren't on the same page?

Michelle Brenner

The Power of Context

(11/17/16)Michelle Brenner

The key to cross cultural communication in mediation, is tuning into the dynamic of directional awareness.

A Collaborative Process to Resolve International Business Disputes: Mediation Policy as a Global Business Model

(11/16/16)Christiane Rosenbaum, David Weiss

This is an editorial on real time updates on where we stand on significant policy initiatives affecting the cross border mediation process and what both the ADR and business community should be briefed on.

Peter Adler

Interview with Peter Adler

(11/15/16)Peter Adler

This is the complete interview by Robert Benjamin with Peter Adler of Accord 3.0 and Past-President of The Keystone Center, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Sandeep Bhalothia

Let Mediation Help Your Business

(11/11/16)Sandeep Bhalothia

Trust is a crucial factor in development of business; mediation can help in business development by re-sprouting the trust between the affected parties.

Sylvia Smith

Five Helpful Guidelines for Parenting Children With ADHD

(11/11/16)Sylvia Smith

If your child has been diagnosed with ADHD you will no doubt understand how frustrating and discouraging it can be to cope with impulsive and defiant behaviour on a daily basis.

Milan Slama

Mediators in the Service of Helping Others

(11/11/16)Milan Slama

It is a safe assumption that the majority of mediators consider themselves collaborators who like helping parties to find solutions with regard to their disputes or conflicts.

Art Hinshaw

Schmitz on Student Loans, Arbitrations, and Class Waivers

(11/11/16)Art Hinshaw

The new Department of Education rules include significant provisions restricting school arbitration agreements.

Beth Graham

Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal

(11/11/16)Beth Graham

The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.

Tammy Lenski

Want More Self-control During Conflict? Try appealing to your future self

(11/11/16)Tammy Lenski

Conflict can rob you of two precious mental faculties useful for sorting things out.

Katherine Graham

Why It Matters: Sexual harassment in Education

(11/11/16)Katherine Graham

Given that universities are where the ‘best educated’ people go, it is disheartening that so many of them appear to see university as a passport to transgress.

Maria Volpe

Mediation in the Future of Policing

(11/08/16)Maria Volpe

The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.

Juliana Birkhoff

Interview with Juliana Birkhoff

(11/07/16)Juliana Birkhoff

This is the complete interview by Robert Benjamin with Juliana Birkhoff, national leader in the field of public policy mediation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.

Zeno  Daniel Sustac

The Mediators--New Show

(11/04/16)Zeno Daniel Sustac

In Romania, there are over 4 million files waiting to be solved by courts – which implies a lot of stress, money and time.

Joshua Neuder

Embracing Imperfection: One Aspect of Eastern Philosophy that Strengthens the Mediator

(11/04/16)Joshua Neuder

As mediators, it is important that we present as professional and competent in our relational expertise with parties.

Michael Toebe

Mediation in Multi-billion Dollar Dispute

(11/04/16)Michael Toebe

Two medical-testing firms have a $5.8 billion deal ready to go yet there are serious legal, risk and ethical issues in the way. The firms have agreed to mediation, which is an encouraging sign of progress in corporate business.

Jeff Thompson

Instead of Saying...

(11/04/16)Jeff Thompson

A person who has a mental illness shares some tips on things she would prefer hearing instead of "get well soon."

Michael A. Zeytoonian

Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation

(11/04/16)Michael A. Zeytoonian

We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs.

Jennifer Shack

Getting the Story Right with Data to Make the Right Decisions

(11/04/16)Jennifer Shack

For foreclosure mediation programs, the data can tell the story of how homeowners are affected by changes to the program.

Dan Simon

Wikipedia Does Conflict Well

(11/04/16)Dan Simon

Successful collaboration is predicted by the transformative theory of conflict.

Jen Reynolds

Hedeen on The Future of Conflict Theory

(11/04/16)Jen Reynolds

It is daunting, however, our role to hazard predictions about the next thirty years of conflict theory.

Ian MacDuff

Lost for Words

(11/04/16)Ian MacDuff

A few recent observations prompt this blog about language and the world of words that we work with in mediation.

Phyllis Pollack

Different Ways of Looking at the Same Thing!

(11/04/16)Phyllis Pollack

Emotions, not logic, control our decision making.

Arthur Rosenbloom

Mediating Valuation Disputes In Minority Oppression Litigation

(11/03/16)Arthur Rosenbloom

This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.

Clare Fowler

Something Spooky About Conflict

(10/31/16)Clare Fowler

The Boogeyman is real. And he is sitting at the mediation table.

Ute A. Joas Quinn

Mediation Users Make their Mark

(10/31/16)Ute A. Joas Quinn

The International Mediation Institute (IMI) has just released its 2016 International Mediation and ADR Survey. The results, which were generated by 815 individuals representing 67 countries and varied stakeholders (users, advisors, mediators, educators, students, providers, governments), are seriously thought provoking.

Jim Melamed

After Trump v. Clinton: How “Stronger Together” and “Great Again” Can Become “Great Together”

(10/31/16)Jim Melamed

Wow, what a divisive election! Some reasonably fear that this is the end of civility in American society. One reasonably wonders whether things have ever been worse. So, what do we do on November 9?

Brian Jerome

The Attorney, the Client and the Mediator

(10/28/16)Brian Jerome

The success of a mediation is not always told in the settlement agreement. While it’s great to "Get to Yes,” understanding the nuances of getting there so as to repeat the process is, for most, the undiscovered area. Here we will explore the roles and relationships between lawyer, client, and mediator.

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