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Camaron Thomas

What I Learned from Studying Neuroscience about the Future of Mediation

(1/20/17)Camaron Thomas

Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.

Ellen Kandell

Is It Ever OK to Blame?

(1/20/17)Ellen Kandell

Blame is frequently used, whether consciously or unconsciously, in an attempt to assign responsibility for something gone awry.

Stuart Watson

A Tale of Two Boxes: Re-Visioning the Nature of Conflict

(1/20/17)Stuart Watson

The nature of conflict has shifted from building understanding, connection and resolution between people to being in service, and pledging commitment to the grander evolutionary process, as nature “has its way” with humans experiencing conflict.

Lorraine Segal

The Zen of the Gym (part2)–What I’ve learned about workplace conflict resolution at the gym

(1/20/17)Lorraine Segal

Rather than trying to micromanage and control when I got to use the weight machines or a bench, I wanted serenity and harmony instead of getting my way at others’ expense.

F. Peter Phillips

Supremes Grant Cert on NLRB Challenge to Class Waiver

(1/20/17)F. Peter Phillips

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.

Tammy Lenski

Think With Your Hands for Better Problem Solving

(1/20/17)Tammy Lenski

New research is challenging the notion that thinking, problem solving, and decision making take place strictly in the head. And finally giving me some credibility when placing interactive toys in the middle of my mediation table.

Joe Markowitz

Attitude

(1/20/17)Joe Markowitz

Parties in conflict may face a choice among various modes of conflict resolution--litigation, arbitration, mediation, or some other formal or informal process.

Secondments in International Arbitration

(1/20/17)John Lande, Daniel Dilor, Raul Pereira de Souza Fleury

Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.

John Lande

What is Negotiation, Anyway?

(1/20/17)John Lande

What is Negotiation? Actually, it is surprisingly difficult.

Homer LaRue

Interview with Homer LaRue

(1/18/17)Homer LaRue

This is the complete interview by Robert Benjamin with Homer LaRue filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Richard Barbieri

Borderlines: Neutrality on the Edges of Mediation

(1/13/17)Richard Barbieri

Mediators have Four Noble Truths, recited to each new set of parties we work with: “This process is Voluntary and Self-Determined; we are Neutral, and everything said here is Confidential.”

Eric Laubacher

Divorce Mediation In Ohio

(1/13/17)Eric Laubacher

This article discusses options for reaching equitable solutions before divorce.

Alia Ismail

The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services Industry

(1/13/17)Alia Ismail

When recurring ethical crisis in the financial services industry arise, it’s essential to give voice to employees on the lower end of hierarchies in organizational institutions.

Tammy Lenski

Pattern Interrupt: Before you send that email…

(1/13/17)Tammy Lenski

There’s a difference between being justified in your response and the response being a good choice.

Jeff Thompson

The Importance of Control During Crisis Incidents

(1/13/17)Jeff Thompson

If a person is in crisis, the odds are they feel like something important is missing- control.

Jan Frankel Schau

Why Civility Matters in Mediation

(1/13/17)Jan Frankel Schau

We are living in interesting times here in America. It is the first time in my lifetime that I can recall a conscious effort to keep my politics and views on issues of ethics and morality to myself–rather than risk making enemies of those whom I trusted to be friends.

John Lande

Building Common Ground Between Bubbles - Part 5

(1/13/17)John Lande

President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries.

Marvin E. Johnson

Interview with Marvin Johnson

(1/11/17)Marvin E. Johnson

This is the complete interview by Robert Benjamin with Marvin Johnson, a national leader in the field of dispute resolution generally and on issues of elevating diversity in the ADR field, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Noa Zanolli

When Conflict In The Workplace Escalates To Emotional Abuse

(1/06/17)Noa Zanolli

Millions of men and women of all ages, ethnic, and racial backgrounds all across the U.S. hate going to work, gradually fall into despair and often become gravely ill. Some flee from jobs they used to love, others endure the situation unable to figure a way out.

Chris McHallam

4 Things You Should Know About Civil Mediation

(1/06/17)Chris McHallam

While you may already be familiar with the process and its benefits there are a few important facts those considering mediation for a legal issue their business is facing should know.

Steven Goldman

Mediating With Advocates

(1/06/17)Steven Goldman

Isn’t it reassuring knowing you have someone in your corner to advocate for you?

Earlene Baggett-Hayes

The "Smart" of Compromise in Mediation

(1/06/17)Earlene Baggett-Hayes

The mediator’s options in compromise situations depends on the parties’ receptivity to the process.

Jason Dykstra

Learning to Love

(1/06/17)Jason Dykstra

This article discusses a New Year's Resolution for bettering relationship and communication.

Beth Graham

Empirical Findings on International Arbitration: An Overview

(1/06/17)Beth Graham

In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration.

Jan Frankel Schau

Barriers to Settlement: Fear of Regrets

(1/06/17)Jan Frankel Schau

Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.

Sabine Walsh

New Year’s Resolutions for Mediators

(1/06/17)Sabine Walsh

This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them.

John Sturrock

Mediation Kindness in 2017?

(1/03/17)John Sturrock

Even with the inspiration of others, it’s understandable that we sometimes think the world’s problems are so big that we can do little to help.

Joe Markowitz

Family Business Disputes

(1/03/17)Joe Markowitz

Problems that arise in running a family business sometimes manifest themselves as legal claims.

Phyllis Pollack

Stepping Outside of Ourselves

(1/03/17)Phyllis Pollack

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false.

Patricia Porter

Renewing And Strengthening Relationships In The New Year

(1/03/17)Patricia Porter

As you enter 2017, reflect and commit to being intentional on the small gifts you can provide to strengthen, honor and acknowledge those important relationships in your life. Here are some ideas to consider.

Dr. Lynne C. Halem

The College Education Expense; How to Share the “Experience”

(1/03/17)Dr. Lynne C. Halem

The question to be answered by all parents—separated or divorced parents, married or unmarried—is: How will the child’s college education be funded? In short, who will pay and how much?

Richard Gertler

Avoiding Court in Business Disputes

(1/03/17)Richard Gertler

As a business owner a lawsuit can be a stressful situation. Fortunately, you have options, even when a dispute appears headed for the courtroom. By working with an experienced mediator, you gain hope of steering a business disaster toward an agreeable — and even amicable — resolution.

Stephen McDonough

Family Business Mediation: Solving Legal Issues Without Going to Court

(1/03/17)Stephen McDonough

Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation extend to more than just familial problems.

Nancy Foster

Good Communication Starts With Listening

(12/29/16)Nancy Foster

When you are speaking and someone is not paying attention, how do you feel? Annoyed, frustrated, discounted, rejected, anxious or angry? Such feelings usually make communication more difficult. So how can we show someone who is speaking that we really are paying attention to them?

Roger Fisher

Pioneer Series: Working with People Who Don't Want to Negotiate - Video

(12/29/16)Roger Fisher

Roger Fisher explains that when one party doesn't want to negotiate, talk to others around them to find out their motivations, interests, concerns, and worries.

Leonard Riskin

Interview with Leonard Riskin

(12/27/16)Leonard Riskin

This is the complete interview by Robert Benjamin with law professor Leonard Riskin filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

Bill Eddy

Dealing With Defensiveness In High Conflict People

(12/27/16)Bill Eddy

When most people think of high conflict people (HCPs), they think of bad behavior. The goal seems to be to get them to STOP their bad behavior, by verbally motivating them to have insights into how bad they are acting. However, the high conflict behavior of HCPs is not driven by logic and self-awareness.

Judy Ringer

We Have to Talk: A Step-By-Step Checklist for Difficult Conversations

(12/27/16)Judy Ringer

What you have here is a brief synopsis of best practice strategies: a checklist of action items to think about before going into the conversation.

John Lande

Building Common Ground Between Bubbles - Part 4 of 4

(12/23/16)John Lande

Troubled by the corrosive conflict stirred up by the election, I have written a series of posts about how we might move forward constructively, particularly on the personal (as distinct from the political) level.

Conflictos de importación. Cuando los conflictos gestados fuera del ámbito escolar detonan en la escuela

(12/23/16)Daniel Dilor, Maria Medina

Conflictos de Importacion. Cuando los Conflictos Gestados Fueran del Ambito Escolar Detonan en la Escuela.

Lorraine Segal

The Truth about Pirate Jenny –why revenge doesn’t solve workplace resentments

(12/23/16)Lorraine Segal

This article discusses why revenge doesn’t solve workplace resentments.

Richard Peachey

Be Prepared for Life's Stressors

(12/23/16)Richard Peachey

This article examines why scouts and guides have better mental health in later life.

Dan Simon

Same Transaction, Different Interaction

(12/23/16)Dan Simon

Different interactions can cause you to become interested in transactions that you previously were not interested in.

Jeff Thompson

'Captive in the jungle' An Account From A Hostage Held By Terrorists

(12/23/16)Jeff Thompson

Marites Flor was held hostage in the Philippines alongside Canadians John Ridsdel and Robert Hall. She survived. They didn't. This is her story.

Jason Dykstra

What to Think About When Your Business is Breaking Up

(12/19/16)Jason Dykstra

It is possible to survive a business break-up without conflict destroying you.

Charlie Irvine

Mediation and Research

(12/19/16)Charlie Irvine

Does mediation do any good? Does it make the world a better place?

John Lande

Building Common Ground Between Bubbles - Part 3 of 4

(12/18/16)John Lande

People should first try to understand others, especially those with whom we disagree – perhaps disagreeing quite strongly.

Dr. Lynne C. Halem

Avoiding the Holiday Blues During Separation or After Divorce

(12/18/16)Dr. Lynne C. Halem

With some creativity, and openness to future adjustment, separated and divorced couples can preserve key ingredients of the holiday season by pre-planning the children’s shared visits ahead of time.

Armand and Robbin DAlo

Holiday Stress? There Is a Way to Fight

(12/18/16)Armand and Robbin DAlo

Conflict is a part of life, and so exposure to it can be an important lesson in emotional literacy for kids if it is handled properly.

Tammy Lenski

A Surprisingly Effective Substitute for Unsolicited Advice

(12/18/16)Tammy Lenski

Want to break the advice-giving habit but aren’t sure what to do instead?

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