La Mediación en Costa Rica
A mediados de la década de los noventa se realizó en Costa Rica, por parte del Poder Judicial, una consulta ciudadana para evaluar la percepción acerca del sistema judicial. Los resultados mostraron descontento entre la población por el formalismo para acceder al sistema y la mora o duración de los procesos que se consideraba excesiva. Se emprendió entonces una labor de intervención sobre los problemas detectados, en una doble vía: mejorar el acceso a la justicia tradicional y generar otros espacios fuera del Poder Judicial, en los que las personas pudieran ventilar sus conflictos a través de métodos gratuitos o al menos económicos, de menor duración que un proceso judicial y con mucho menor desgaste emocional que aquél.
Incremental Progress in Mediation: Baby Steps, Strategic Mediation & Less is More
Taken from Jim Melamed's training manual, these introductory excerpts suggest that progress in mediation is necessarily incremental; that the mediator should in fact strategically focus on baby steps of progress that can be made; and that, in effectively mediating, the mediator should seek to "only do so much as is necessary" to stimulate available progress so as to not over-direct the process and allow participants to claim progress as their own.
Mediation: A Way Out or Hard Work?
After I closed my law practice in favor of providing full-time ADR services, I bumped into an old-time mediator whom I had known for many years. When I told him of the change in my career he commented, “So, you don’t want to work so hard anymore.” This article is my reflection on his observations.
ABA / Straus Institute Survey
One of the three recent surveys undertaken by the Straus Institute in 2013 as part of the Theory-to-Practice Research Project was a survey of corporate counsel co-sponsored by the American Bar Association’s Section on Public Utilities, Communication and Transportation (PUCAT) ADR Committee.
FINRA Appoints New Arbitration Task Force
FINRA announced today the formation of a new Arbitration Task Force “to consider possible enhancements to its arbitration forum to improve the transparency, impartiality and efficiency of FINRA’s securities arbitration forum for all participants.”
Do You Flip Your Lid?
I was unable to find the derivation of the expression flip your lid, but I have heard it used to describe an excessively angry reaction. In recent years I have heard the term apoplectic used when referring to extreme rage and for me, the meaning of these two expressions are similar. The visual of flip your lid however, conjures up an interesting image of the top of the head blowing open – presumably with fury propelling it. Perhaps, the expression symbolizes the emotional part of the brain (limbic area) becoming over-activated and overflowing with anger, pushing out the front of the brain (pre-frontal cortex) which loses its capacity to think!
Case Study: The Mediating Manager
Sian is the Communications Manager for a UK charity and has recently appointed James, a designer whose job required frequent contact with production officer Helga, who had worked with Sian for over 3 years. Sian had a sinking feeling that things were not going too well between James and Helga, but Sian was busy and, optimistically, had put the tensions down to early teething troubles and hoped she could leave them to sort out their differences ‘as adults’.
EBay y Sotheby’s se asocian para transmitir subastas de arte por Internet
La compañía de comercio electrónico eBay y la casa de subastas Sotheby’s para transmitir en directo Internet algunas de las subastas que tengan lugar en la central de la casa de subastas en Nueva York. Se hará a través de una nueva plataforma que la empresa australiana de comercio electrónico añadirá en su página web, y se planea que el siguiente paso sea que los internautas puedan pujar desde cualquier parte del mundo. Las dos empresas tienen previsto centrar esta apuesta digital en segmentos como la joyería, los relojes, los grabados, la fotografía, el vino y el diseño del siglo XX.
Hope and Hopelessness in Intractable Conflicts
Have you ever been involved in a conflict you just couldn’t imagine being resolved? In other words, a conflict that was so entrenched, you felt hopeless? Researchers studying the role of emotions in the context of intractable (lengthy, all-encompassing, and possibly violent) conflicts have begun to look at the emotion of hope to understand what effect it can have on conciliatory attitudes.
Mediating Inheritance Disputes
Inheritance disputes can be difficult to resolve. They are tied up in a lifetime of emotions toward the deceased and every other claimant under the will, as well as personal and spousal expectations of monetary gain. Here are 10 tips and tricks that have helped with this kind of dispute.
Insecurity in Nigeria : Focus on Social Protection
The spate of insecurity has become alarming. There have been calls for stringency of laws to bring culprits to justice. Security operatives go after the perpetrators and turn over those apprehended to the courts -- yet the conditions that breed revolt are worsening. This spells real danger!
Angry Faces Win Negotiations
Research has found that facial expressions can convey more information than verbal communication alone and a new Harvard University study has found that an angry glare can add effectiveness to a negotiator’s demands.
Dance of Opposites - Book Review
The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.
Walking Away with Grace
Sometimes when we are in conflict with another person we are faced with a dilemma about what we are or are not willing to say or do, or give or take, to reconcile matters. Though at some level of consciousness we want to settle things, there are times when we realize that what it may take to do so would compromise our values and needs.
The Settlement Drift
According to commentator Rachel Maddow in her book “Drift,” the way the United States goes to war has gradually become more secretive and less democratic. She observes that in the last half century, the decision to go to war has become too easy. This is contrary to what the Founders of our nation had in mind. Hence, we have “drifted” away from our founding principles about war.
Rewriting Your Conflict Story
During recess in elementary school, I was playing pickle with some friends at the side of a baseball diamond. We were in our own little world; trapping people between the bases, faking out the runners, diving to tag our friends so that we could switch spots. We were having a great time until . . .
20 Questions every corporate General Counsel or Head of Litigation Might Ask in Mediation
Being responsible for resolving a large number of disputes for any organization is a stressful occupation. It involves risk, cost and resources and navigating between leadership and management, success and failure as well as blame and experimentation. Although there is no magic bullet, the task can be aided considerably by harvesting the answers to the following twenty questions, and devising an action plan where weaknesses are exposed.
Perception and Parts in Mediation
Seeking to be an effective mediator is a both challenging and fascinating endeavor. Essentially, the mediator is asked to assist participants who have some measure of disagreement, or at least lack of agreement, to reach sufficient agreement so as to be willing to call the situation "resolved." In this sense, the mediator seeks to move participants from "the circle of disagreement" to the "circle of agreement."
Remembering Jonathan Reitman
We lost a leader and wise teacher of conflict resolution when Jonathan Reitman passed away on June 7th after more than a decade of working and living with cancer.
Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations
J. Ryan Lamare, Tom Stipanowich
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward alternative dispute resolution (ADR).
Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
Zachary Ulrich, Tom Stipanowich
The Straus Institute recently conducted two major surveys of dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators, and a survey of experienced mediators with the cooperation of the International Academy of Mediators. These studies produced a wide array of new information on arbitrator and mediator practices and perspectives that we hope will contribute to debate and discussion on many current professional issues. We are presently writing these up. The first fruit of these studies is the just-completed article Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, which leads off the new Yearbook on Arbitration and Mediation.
Jumping From the Frying Pan into the Fire
It happens in conflict that things frequently escalate in a way that results in the other person or us making things worse. The expression “jumping from the frying pan into the fire” applies here as an idiom that generally means escaping a bad situation for a worse situation. According to one source, “it was made the subject of a 15th-century fable that eventually entered the Aesopic canon”. Here is the story in brief.
Courage to Manage: Evaluation Summary
Demand for ‘soft skills’ training to prevent conflict is growing, and our clients have increasingly been asking for alternatives to classroom training that will effect behaviour change in a more cost-effective and less time-consuming way. We developed our latest e-learning package, The Courage to Manage: having essential conversations at work, in response.
Me, Myself, and I
Who hasn’t seen the poster on a break room wall or heard the rally cry at a company meeting that shouts, “There’s no I in team!”? Yep, the quote is everywhere and even though I understand the intention behind it, I say pshaw to that notion!
When Mediation isn’t Mediation At All…
At the risk of being accused of being too much of a purist, I just have to have a little grumble about the latest misappropriation of the term mediation. All involved in promoting and encouraging the use of mediation know how one of the largest barriers to people availing of this process is the lack of understanding of its key principles and how it really works.
GPS and Divorce Mediation
GPS systems are starting to make their way into divorce proceedings. When infidelity is suspected, being able to produce digital confirmation of an spouse’s movements can provide powerful ammunition and lay a strong foundation for the remainder of the mediation process.
Pioneer Series: Concerns and Optimism for Future - Video
Frank Sander reflects on his concerns within the field, which include the tension of quality vs. quantity of the practice, the lack of studies of cost effectiveness, disappointments with the court system fees, and the difficulty of getting more young people/apprentices into the field. However, he's optimistic about the future of mediation.
Being Grateful for Whatever Comes
Most mediation training sessions in the United States usually end somberly with handshakes, the exchange of business cards and perhaps a last bite of the refreshments that have been laid out for snacks during the day. Not so with the energetic group of mediators and facilitators who completed the third and final leg of training of the Athens Migration Dialogue Project in Athens, Greece.
A Song of Loss for Divorce Mediators
I was recently asked to give a presentation in an advanced seminar on Mediating with Families in Transition. I thought at first of the many film scenes that I have previously utilized, from the opening of Wedding Crashers
to The War of the Roses
. I then realized that most of my artistic experience of lost love comes through music, rather than film, and so I prepared a new presentation based on favorite songs about the effects of divorce.
The Hopeless Case
Michael P. Carbone
This article discusses the reason why many clients are adverse to mediation: "This is a hopeless case; we are too far apart." The common refrains about being too far apart explain why mediation is needed. If the two sides were close, they would probably settle the case on their own. The reason why they need a mediator is that they are polarized.
Mediating Between Charlie Brown and Lucy
Is it finally time for Charlie Brown to trust Lucy not to pull the football away? As mediators, we like to see our clients regain or establish a level of trust that allows them to make commitments to each other and move forward. Sure, many times Lucy has pulled the ball away from Charlie at the last minute, despite promising otherwise. But here they are in mediation, a chance to turn over a new leaf, to come clean, to let go of their mistrust and to collaborate. Isn’t it our job to encourage Charlie to take a risk?
Much has been written in recent years about whether arbitration has lived up to its billing as a “better, faster, cheaper” alternative to litigation. No matter one’s views about this, litigation is undoubtedly very costly, and wise counsel must look for ways to reduce unnecessary costs and time delays.
Values and Interests Revealed in Detroit “Grand Bargain”
The story of the Detroit bankruptcy mediation’s emerging “Grand Bargain” (as it has been dubbed in the media) is a fascinating case of many different groups working to protect their chosen interests. The bargain demonstrates how mediation allows parties to consider what they are willing to give in order to secure the things that matter most to them, and how traditional rivals may collaborate for a shared goal.
Mediators and the World Cup
As it happens every four years, it is the FIFA World Cup again. I must confess that I am not a football enthusiast myself, but with the greatest football stars at my doorstep, and all the media hype, it is almost impossible for any Brazilian not to get involved at some level. But it is not all rosy, as street protests and some other initial reactions by the Brazilian population against the event throughout the last 12 months have negatively impacted the tournament image.
El Ministerio Público de la Defensa incorpora el uso de Nuevas Tecnologías
Con el objeto de superar las dificultades que impiden u obstaculizan a aquellas personas de escasos recursos económicos obtener asistencia ante conflictos jurídicos, la Defensoría General de la Provincia decidió avanzar hacia el uso de las Nuevas Tecnologías Interactivas a través de herramientas como la webconferencia, en un trabajo conjunto con ODR Latinoamérica.
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Some interesting back-and-forth occurred during the last panel of the day yesterday at the 2014 ODR conference, when David Bilinsky, a legal practice consultant, described the high tech tools he uses in teaching law students. To oversimplify his presentation, these tools allow students to conduct side discussions during lectures in a chat feature that can be employed either during an online or even an in-person class. The theory is that these side chats can expand on the lecture, and reinforce learning by facilitating more interactive participation.