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
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.
This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.
(4/16/17)James J. Alfini
This is the complete interview by Robert Benjamin with James Alfini, long-time professor of dispute resolution at Northern Illinois University, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
(4/15/17)Jack Hamilton, Elisabeth Seaman
This is an interview of my business partner, Jack Hamilton and me, about mediation, conflict resolution and our book, Conflict - The Unexpected Gift.
This paper looks at the problem of diminishing access to family justice in British Columbia from a court users perspective, and the interplay of dispute system design and culture in terms of helps and hindrances to these innovation efforts.
This article explores the concept of bullying in the workplace and how to respond to it more effectively.
Disputes can often be sourced to a highly flammable communication medium.
If you believe someone is aggressive, could they behave more aggressively with you than with others?
A wonderful benefit of learning conflict resolution skills is using them to positively reframe my own challenging communications
Following up from our recent article on “10 excuses bosses give not to bring in a mediator”, here is an infographic illustrating the 10 top justifications senior managers give for not “bringing in the mediators” to resolve a conflict in their organisation. How many have you heard?
It was the breakthrough that we had been looking for. A new tool? No, it was a question that had allowed the person to reflect.
Well… we missed it again! International Day of Happiness was March 20, 2017, but, perhaps, missing it was not such a bad thing.
Conflict mediators are a strange breed. The best ones, not unlike police or firefighters, are drawn to manage difficult situations and heated controversies that most other people would just as soon avoid.
(4/12/17)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 does not belong to professionals and specialists only. The mere thought of mediation, its philosophy, mediation’s essence, is for the common good and so the question is: How could mediation become a common good?
Mediation provides parties (Plaintiff and a Defendant) with an excellent chance to settle their case. But you do not want to blow it and you want to make sure you are properly prepared to handle the case.
This article discusses some of the perception and cognitive biases relevant to conflict as well as the interaction between biases and conflict.
In my sometimes over-simplified way of looking at negotiated agreements, I have argued that the most useful way to evaluate a potential deal is to compare it to alternatives that are actually available.
When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?
As they are going up the hill, from out of nowhere, Jill makes an offhand but biting remark to which Jack responds negatively. The ensuing conversation gets totally off track on whether they should go up the hill and instead focuses on Jack’s personality traits and then on Jill’s personality traits.
In this inaugural show, Pattie Porter connects with the audience by sharing her story of growing up in a high conflict family, and this led eventually to her work as a conflict management expert.
It’s a no brainer, right? Shouldn’t it?
Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 8" Attorney Directory by Rankings.io. Mediate.com is the overall 8th ranked attorney directory and the only mediation or ADR directory listed!
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.
This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Some years ago, both of my dogs were present in a session with two Ph.D. psychologists in the throes of a divorce. Since then, there have been countless other examples revealing their talent as conflict mediators.
Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable. It turns out that these same character traits may have other uses as well.
Sometimes “new” information on conflict resolution sounds like what we already know, but an existing idea can be reframed and sound new all over again.
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
In the classic folk tale, the Sun and the Wind each believe they are more powerful.
The deliberative process this mediator conducted is such a stark contrast to the sharp political polarization and poor communication in the US these days.
Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.
Interview with Marilyn McKnight, former President of the AFM and ACR, filmed as part of our Views from the Eye of the Storm Series.
To begin to establish trust with parties and counsel, and help them feel at ease throughout the process, a mediator may want to remember the neurochemistry and cognitive functions that apply. These simple techniques may assist in reaching the tipping point in bringing about a resolution.
(3/28/17)Gabriel Cheong, Esq.
If you and your spouse are unable to reach agreement in mediation, you still have the option of going to court.
(3/27/17)Joan B. Kelly, Ph.D.
This is the complete interview by Robert Benjamin with Joan Kelly, well-known clinical psychologist, researcher and founding Executive Director of the Northern California Mediation Center, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
This is the complete interview by Robert Benjamin with Stephen Erickson, one of the founders of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
(3/22/17)Nina Meierding, Jan Frankel Schau
Anyone who has ever been married will admit that men and women argue differently. It should be no surprise to learn that women and men negotiate differently as well.
(3/21/17)Donald T. Saposnek
This is the complete interview by Robert Benjamin with Don Saposnek, a leading family mediator, writer and editor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
This is the complete interview by Robert Benjamin with Lisa Parkinson, family mediation leader in the UK and Europe, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
This article covers a number of practical aspects of online mediation to broaden the understanding of how ODR can benefit a mediation practice.
Click here for MORE ARTICLES
This article identifies four distinct mediation models that EU Member States have used in implementing the Directive: Full Voluntary Mediation; Voluntary Mediation with Incentives and Sanctions; Required Initial Mediation Session; and Full Mandatory Mediation.