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Forrest (Woody) Mosten
The Future of Mediation: Twenty Predictions for Mediation in 2030 (3/02/15)
Forrest (Woody) Mosten
If as Eleanor Roosevelt said, “The Future Belongs To Those Who Believe In The Beauty Of Their Dreams,” we in the mediation community have much to look forward to.

Laurie Israel
Where Does Marital Mediation Fit In? (3/02/15)
Laurie Israel
During the past quarter century, academics and others writing about mediation have characterized styles of mediation as belonging to one of three categories: “facilitative,” “evaluative,” and “transformative”. The categories are quite clearly defined.

Henry Brown
Musings on Mediators, Pizza-Makers, and Humanity (3/02/15)
Henry Brown
I began this article on the future of mediation practice at what I thought, reasonably enough, was the beginning. Discussing how I came to New York in 1985 to train with John Haynes on a new approach to managing disputes that at that time had not yet found its way to the United Kingdom where I practised as a solicitor. However, In the course of writing and reviewing this piece, it began to dawn on me that while the trip was my conscious recollection of the beginning, it was not the actual beginning of my attraction, engagement and investment in what has become a personally and professionally fulfilling career.

Sandra Untrojb
The Future of Mediation: Teens and Technology (3/01/15)
Sandra Untrojb
Preparation for the future of mediation needs to focus on who will be using mediation and how. The audience in 20 years will have different expectations than the audience of today.

Sandra Untrojb
El Futuro de la Mediación: Los Adolescentes y la Tecnología (2/27/15)
Sandra Untrojb
En mi opinión el futuro de la mediación se basa en dos pilares fundamentales: los adolescentes y la utilización de las nuevas tecnologías.

Bernard Mayer
Be Less Certain—and More Flexible (2/27/15)
Bernard Mayer
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.

John Licciardello
Revolution Calling (2/27/15)
John Licciardello
The Need For Increased Coordination Among Divorce Professionals: The divorce experience starts early...perhaps in the therapists office and the Wednesday reading group where the decision is made...quietly... to move on. And once the papers are signed there are months of recovery, both financial and psychological, until a sense of "normal" is achieved. The whole process can take several years from start to finish, and involves a host of professionals. So it is no small surprise that the outcomes are varied and often poor.

Sarah Cole
Further Thoughts on Armstrong Arbitration Award (2/27/15)
Sarah Cole
Lance Armstrong was named the winner of the Tour de France in 2002, 2003, and 2004. When Armstrong won in 2004, considerable speculation existed regarding whether he had won cleanly. SCA Promotions, the prize insurer, was reluctant to pay the prize money given the speculation, and ultimately SCA, Armstrong, and Tailwind Sports arbitrated the case.

Beth Graham
Teaching Students to Be Problem-Solvers and Dispute-Resolvers (2/27/15)
Beth Graham
Reports on what lawyers should know, including the MacCrate Report and Educating Lawyers, regularly list problem-solving, negotiation, and dispute resolution as skills that lawyers should have. Best Practices for Legal Education called for law schools to educate students in problem-solving and in practical wisdom, in order to solve clients’ problems effectively and responsibly.

Lorraine Brennan
Do We Need a New York Convention for Mediation/Conciliation? (2/27/15)
Lorraine Brennan
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United States has become a party.

Ian MacDuff
Changing the Architecture of Justice: ODR, Dispute Resolution, and Design (2/27/15)
Ian MacDuff
In his 1956 text, The Queen’s Courts, Sir Peter Archer suggested that the development of the Courts was more organic than by design, and – though he doesn’t say as much – more pragmatic than principled. He calls on Topsy’s response to Ophelia in Uncle Tom’s Cabin, to suggest that, like Topsy, they “just grow’d”.

Tammy Lenski
Our Narratives Reflect Who We Are (2/27/15)
Tammy Lenski
Somewhere in the Pacific Ocean, a single whale calls out again and again and again. Whale 52, as he’s known, has never been seen by humans. But he has been heard. For years. His call has been recorded and it’s in a frequency that matches no other whale species.

Joe Markowitz
Mediation Confidentiality in California (2/27/15)
Joe Markowitz
Many mediators are troubled by the Milhouse case currently pending in the Ninth Circuit, which recognized a vaguely-defined "due process" exception to mediation confidentiality to allow evidence of offers and demands exchanged in an unsuccessful mediation to be introduced in an insurance bad faith case. In addition, the California Law Revision Commission is currently considering whether to allow an exception to mediation confidentiality in attorney malpractice cases.


Don't Rush (2/26/15)
Christian Radu Chereji, Constantin-Adi Gavrila
There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number of lawsuits filling the logs of the courts and then draw the inevitable conclusion that mediation has missed the opportunity of (be)coming mainstream.

Larry Gaughan
Mediating Divorce Agreements: The Problems and the Potential (2/26/15)
Larry Gaughan
It was really exciting to be part of the divorce mediation movement when it became national around 1980. Almost everyone seemed to be aware of the problems with the adversarial system of divorce, and mediation held the promise of a process that was more personal and far less expensive and time consuming. Mediation training was mainly focused on divorce agreements, and those training courses rapidly became a major source of income for the trainers.

Josefina Rendon
Ética y Profesionalismo del Mediador: Una Receta Para el Éxito Profesional (2/26/15)
Josefina Rendon
Hace varios años en Houston, Texas, asistí a una interesante presentación sobre acuerdos escritos y otros temas de mediación para abogados. La diferencia entre los dos exponentes me pareció tan diferente que todavía los recuerdo después de tantos años. Un exponente habló en términos de movidas, estrategias y “trucos del negocio”. El otro habló en términos de buenas prácticas y normas éticas.

Jan Frankel Schau
Time Traveling (2/25/15)
Jan Frankel Schau
Litigation and mediation need to change in the future. People have new expectations about interacting with professionals, and the wise mediator will make note of these changes and incorporate these new trends in their practice.

Greg Rooney
Rebooting Mediation by Detaching from the Illusions of Neutrality, Just Outcomes, and Balanced Power (2/23/15)
Greg Rooney
I would submit that the next quantum leap for the theory and practice of mediation is to detach from the concept of neutrality as a core element of mediation practice. I propose to reboot the profession of mediation by championing the proposition that mediators are not neutrals. That they bring their own personal history and professional expertise to the process of assisting parties who are in dispute.

Tracy Allen
The Mediation Future (2/20/15)
Tracy Allen
So long as market users , i.e. the true decision makers, remain dependent on their legal counsel to select, direct and control the mediation/negotiation process, there is likely to be little advancement in public education about the importance and availability of mediation.

Alex Azarov
APR: Alternative Political Resolution (2/20/15)
Alex Azarov
Mediation has proven to me that adversarial litigation is an archaic way to resolve many of our conflicts. I think it's logical that we the best for the future is to use mediation to resolve the political deadlocks that are plaguing our societies, transforming democracy from the divisive popularity contest that it has become to the participatory civic engagement that so many have fought for.

Leslie Short
Branding the Industry of Mediation (2/20/15)
Leslie Short
We were all trained to be aware of “what's in our bags” or to phrase it differently, what each person brings to the table. Then we’re told you must not bring anything to the table but the ability to listen and ask open-ended questions.

Katherine Triantafillou
The Art of Conversation and The Future of Mediation (2/20/15)
Katherine Triantafillou
Although I am pretty good at envisioning the future, I don’t really have any grandiose images of the future of mediation. Rather, I have some cautionary tales and a few suggestions for how we might impact the future and avoid the pitfalls of insularity.

Joe Markowitz
Learning From Mediation (2/20/15)
Joe Markowitz
It seems a shame that the natural tendency of parties and their attorneys is to analyze the issue in legal terms and threaten to go back to court for resolution.

Shawn Davis
Mediation Program Outreach: Reflecting on What Works (2/20/15)
Shawn Davis
RSI started running three foreclosure mediation programs in 2014, which means we’ve spent a lot of time over the last year thinking about how to make mediation services more accessible and increase program usage rates. Such issues can be a challenge and often require creativity, especially with limited resources. Here’s what we’ve learned.

Lynn Duryee
Make the Most of Your Mediation: Seal the Deal (2/20/15)
Lynn Duryee
It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions.

Dan Simon
A Conversation about Evaluation in Mediation (2/20/15)
Dan Simon
A made up conversation follows. It’s an amalgamation of conversations I’ve had with mediation trainees. Mediation Trainee: I get it that mediation is about self-determination. Therefore, when parties ask us to give them an evaluation of their case, shouldn’t we honor that determination they’ve made? I mean they’ve hired us to settle the case, right? Don’t they need to know if their expectations are too high?

Jeff Thompson
Communication Techniques: How To Be Someone People Love To Talk To (2/20/15)
Jeff Thompson
When do we really learn good conversation skills? Well, we don't. We're just kind of expected to pick them up...

Beth Graham
Federal Judge Orders Sugar Land Nursing Home Visitation Dispute to Mediation (2/20/15)
Beth Graham
A Sugar Land nursing home dispute that arose after an elderly resident’s family was banned from a long-term care facility over a number of social media posts has reportedly been ordered to mediation. According to a complaint filed in the Southern District of Texas, Silverado Senior Living barred a woman’s two sons and daughter-in-law from the premises after the individuals refused to remove several photos and videos of their mother at the facility from their social media accounts.

Mary Novak
Court ADR Trends for 2015 (2/17/15)
Mary Novak
Last year perhaps the most visible trend in court ADR was the courts’ use of mediation to address truly large-scale crises. From the mediators who helped opposing groups reach the Grand Bargain that led Detroit out of bankruptcy, to the mediations being used to address thousands of insurance claims that remain from Hurricane Sandy, courts essentially created ad-hoc ADR programs to respond to major crises.

Zeno  Daniel Sustac
Philosophy of Mediation (2/13/15)
Zeno Daniel Sustac
When we speak about the philosophy of mediation we inherently have to relate to the philosophy of law and the philosophy of conflict. The philosophy of mediation is a present-day subject and of interest among the specialists in the Alternative Dispute Resolution field.

Jennifer Winestone
Mandatory Mediation: A Comparative Review of How Legislatures in California and Ontario are Mandating the Peacemaking Process In Their Adversarial Systems (2/13/15)
Jennifer Winestone
This article examines the evolution of two mandatory mediation programs in the state of California and the province of Ontario, how they differ, and the lessons we can take from each program's successes and failures.

John Sturrock
The Mediator's Log: A Mediation Story - Section 3 (2/13/15)
John Sturrock
The Mediator's Log gives a step-by-step diary of a mediator's day as he moves through a complex negotiations. This is the final step of the mediator's negotiations.

John Lande
We Need a Better Consensus About Negotiation Theory (2/13/15)
John Lande
In previous posts, I argued that there are serious problems with the general consensus on negotiation theory reflected most clearly in Getting to Yes. I described problems with the system of negotiation models, which assumes that most or all negotiations can fit into two models of highly-correlated variables (or a few variations of these models).

Katherine Graham
Why I Said “HR Should Be Ashamed of Itself” (2/13/15)
Katherine Graham
It’s no secret that I can be spikey – and I sometimes rue the things I say after I’ve said them. And, believe me, I do understand why HR Directors need to be at the Board Room table, because without that influence your job is all the more difficult.

Vivian Scott
When Your Boss Won’t Change (2/13/15)
Vivian Scott
Who doesn’t have a list of things they’d like their manager to do differently? Everything from the way he slurps that first cup of coffee in the morning to how he plays his staff against one another is a frustration. Though it’s possible to make adjustments in any working relationship, there are still going to be some things that don’t change; no matter your efforts. What then? Here are a few ideas.

Lorraine Segal
From Fear and Avoidance to Love and Trust: Transforming Your Relationship with Money. (2/13/15)
Lorraine Segal
Looking back, my needs around money have always been met. But it didn’t feel that way to me at all. I bounced between vagueness, avoiding concrete information or action about money, and terror, that I would be destitute and never have enough.


Getting to Yes with Yourself: Book Review (2/13/15)
William Ury, Jeff Thompson
William Ury, coauthor of the international bestseller Getting to Yes, returns with another groundbreaking book, this time asking: how can we expect to get to yes with others if we haven’t first gotten to yes with ourselves?

Phyllis Pollack
Is Conflict Like Driving? (2/13/15)
Phyllis Pollack
Recently, the Kluwer Mediation Blog posted an interesting discussion about the cognitive biases at play during a dispute. What caught my interest is that the author- Charlie Irvine- used the example of driving to make his point.

Michael A. Zeytoonian
Why Our Practice Areas Include Special Education Cases (2/13/15)
Michael A. Zeytoonian
There is a personal reason and a law practice philosophy reason why we represent clients – parents and families of special education children – in disputes involving special education matters and include this area of practice in our services.

Mary Aderibigbe
The Importance of Preventive Law to the Growth of Mediation (2/10/15)
Mary Aderibigbe
We are in the information era marked by influx of ideas, data flexibility and improved efficiency. This information age has to a large extent contributed to global decline in career and employment opportunities.

Jacques Joubert
Ambiguity and Mediation (2/06/15)
Jacques Joubert
Some time ago I acted pro deo – instructed by the state but literally meaning for God – for a client who was on trial for murdering his victims with the heavy wooden handle of a pickaxe. It was a difficult case, but I learned a lot about high conflict mediation.

Becky Bartness
The Business of Mediation (2/06/15)
Becky Bartness
Many mediators are drawn to this field because they have a calling to help. This article reminds us that the work we do is valuable. It is important to see mediation as a legitimate business--and then the public will begin reflecting that view.

Jeffrey Fink
After the Conflict is Resolved (2/06/15)
Jeffrey Fink
It does not matter who you are, or whether you are fighting on behalf of yourself or your organization. As a conflict is prolonged, people repeat and rehearse the story over and over again in their minds. When it is time to move on, it can be hard to disengage.

Joe Markowitz
Accessing Justice (2/06/15)
Joe Markowitz
A recent artical in the ABA Journal on movements to license legal technicians to perform limited legal services cited a Bar Foundation study showing that most people encountering what the study called "civil justice situations" either handled the situation themselves, did nothing about it, or enlisted the help of friends and family.

Bill Marsh
Whisper It Quietly? (2/06/15)
Bill Marsh
This is a blog I have shied away from writing. Several times. Even now, as I do so, I am wary of it. But here goes. I’ll come right out with it.

Jennifer Shack
What Happens to Temporary Loan Modifications Reached in Foreclosure Mediation? (2/06/15)
Jennifer Shack
A lot of the cases that go through RSI’s foreclosure mediation programs end with a temporary loan modification – a trial payment plan in which the homeowner pays a new mortgage amount for a few months. If the homeowner makes the payments on time and in full during the trial period, the homeowner and bank agree to make the modification permanent.

Richard Levie
A Mediator’s Pleas(e) (2/06/15)
Richard Levie
A mediator is placed between the action and reaction – sometimes leading, sometimes following.

Dan Simon
The Downside of Evaluation in Mediation (2/06/15)
Dan Simon
“Based on my years of experience as a litigator and as a judge, I’d say your latest positions are both within the reasonable range for this case. I’d say the plaintiff’s demand of $200,000 is on the high side of that range; and I’d say the defendant’s offer of $100,000 is on the low side of that range. So I’d say that any settlement you arrive at now, between those numbers, would be a good deal for both sides, considering the costs and uncertainty of continued litigation.”

Beth Graham
To Publish, or Not to Publish Arbitral Awards: That is the Question (2/06/15)
Beth Graham
Einer R. Elhauge, Petrie Professor of Law at the Harvard Law School, has authored “To Publish, or Not to Publish Arbitral Awards: That is the Question…,” 81 International Journal of Arbitration, Mediation and Dispute Management, Number 1, 2015. In his research paper, Professor Elhauge examines some potential pros and cons of establishing a publication mechanism for international commercial arbitral awards.

Donal O’Reardon
The Transpersonal is the Future of Mediation (2/04/15)
Donal O’Reardon
The future of mediation and conflict resolution is the transpersonal. “Transpersonal” means a view of the person as more than their conscious mind.

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