Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).
Workplace bullying is a growing international problem. It is more than a one-time incident. It is a pattern of behavior between a bully and another worker which can demoralize, isolate and trigger illness in the target of the bully.
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.
Self-determination (volition), sometimes, means mediation participants get to make ‘bad’ decisions.
(5/21/16)Dr. Lynne C. Halem
Challenging divorce mediation myths, such as whether or not mediation will work if only one spouse can communicate well.
One of the most common illusions that new coaching clients have is that by working with me they can somehow find tricks or techniques to convince the other person to think and behave differently.
What does it mean to hold the space for someone who’s trying to get somewhere different in a conflict?
SWAT negotiation team discusses whether online technology in gun standoff helped resolve their dispute.
Are you a risk taker? Or, are you a risk averter?
(5/20/16)Eduard Vinyamata Camp
Los conflictos, la ausencia de paz y de armonía son constantes en la vida de las personas y de las sociedades. Intereses económicos, crisis de todo tipo, agresiones, forman parte del paisaje humano.
(5/17/16)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.
Arbitration is in crisis. Under fire as an oppressive, claim-suppressing method of dispute resolution, imposed by businesses upon unsuspecting employees and consumers, arbitration is also becoming increasingly unpopular with its original designers – businesses in commercial disputes with other businesses
(5/13/16)Alan E. Gross
Preparation before the session begins is often less emphasized than it should be in mediation training and practice.
Two words, distinctly different meanings. Yet often confused by the eye, ear and mind because the words are spelled somewhat similarly and maybe sound alike to people when spoken. Yet it's useful to distinguish between the two for when a stressful situation arises and we find ourselves in critical need of help.
President Obama came to prominence in 2004 with a speech in which he argued that there isn’t a red America and a blue America but rather a single United States of America. Looking back twelve years later, this may seem like a rather odd notion in a country riven by intense political polarization.
Whakawhanaungatanga is a Maori process for establishing relationships. In the following interview I explore the tradition, identity, trust-building, and conflict resolution with New Zealanders Hilary Unwin and Pereri Hathaway.
Disabled people are significantly more likely to experience unfair treatment at work than non-disabled people.
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.
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.
This article simply emphasizes the advantages of confidentiality to assist complete openness in difficult situations, so that a resolution can include healing and reconciliation.
This piece argues for the need to work with youth, particularly at the high school and college levels, to build our profession and carry on the work of peacebuilding and conflict resolution. It provides a model for thinking about careers: direct action vs. indirect action jobs.
When employment relationships take a turn, there can often feel like there is no way back. However, mediation can be a powerful tool in rehabilitating working relationships.
(5/06/16)Ronald S. Kraybill
As you become aware of diverse conflict styles, you can easily use the two step discussion process, a conflict resolution strategy that can be surprisingly effective.
For years, family law litigators were the go to persons to facilitate the distribution of property, support obligations and the plan of care for children of the relationship between separating couples.
Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.
There is an audio file stored on my mom’s computer, labelled “The Bad Call.” It’s a recording of a two-minute call between her and me on Sept. 9, 2009. I had, at that point, been a hostage in Somalia for over a year.
I read an article on CNN that explains that when surgeons and other medical providers apologize after they’ve made a mistake, people are less likely to sue. What I found hard to swallow was that the story was considered newsworthy.
A few weeks ago, I discussed the paradox of Avoidance and Engagement. Parties engage in mediation to avoid further litigation or prolonging the dispute yet at the same time, they avoid each other during the mediation (through the use of separate sessions) to engage in settlement negotiations.
This is the complete interview by Robert Benjamin with Larry Fong, a leading Canadian Family Mediator, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
Una de las inevitables tareas que tiene que hacer cualquier persona que sea analista en conflictos armados, especialmente si está interesada o implicada en negociaciones de paz, es ver las razones que influyeron en la creación del grupo y su opción por el uso de las armas, su evolución al largo de los años, y el discurso que mantienen en la actualidad para justificar la lucha armada o para adentrarse a un nuevo territorio de construcción de paz.
The Amman Message delivered by the Chief Justice of Jordan in 2004 is an extraordinary statement of tolerance and peace and deserves full reading by all who would comment on Muslim affairs. The Chief Justice emphasises peace, security, neighbourliness, coexistence and respect for others.
(4/29/16)Michael P. Carbone
Mediators, like other dispute resolution professionals such as arbitrators and referees, are commonly referred to as "neutrals."
(4/29/16)F. Peter Phillips
A group of sharp and experienced thinkers on the mediation process offered a panel at the recent ABA Dispute Resolution Section meeting in New York before a packed crowd of just-as-sharp practitioners on the topic “Reevaluating the Role of Autonomy in ADR.”
Workplace mediators are able to influence the way the parties approach the content, interaction and process of their conflict. And they do this by selecting an intervention from a “continuum of power and influence” which moves from indirect through direct to coercive.
I used to get into small verbal arguments with other members using the machines, partly out of my own impatience, and partly because they were violating the rules of courteous use.
New research has identified six elements to an apology, and the more of those elements you include, the more effective your apology. Two are particularly crucial to having your apology accepted.
Michael Z. Green (Texas A&M) recently spoke on “Civility and Mediation as Workplace Responses to Conscious Disregard of Racially-Biased Behaviors.” Like this title, Michael’s talk was provocative, stuffed with information, and at once idealistic and critical.
This is the complete interview by Robert Benjamin with Marilyn McKnight, former President of the Academy of Family Mediators and Association for Conflict Resolution, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
(4/26/16)Lee Jay Berman
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.
(4/26/16)Michael P. Carbone
Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.
Our world has over 7.500.000.000 habitants, of which an 85% have access to cellphones. This data confirms that a wide spectrum of the humanity can benefit with the use of ODR, most of all the excluded and the needed. En Espanol
Nuestro mundo tiene en este momento más de 7.500.000.000 millones de habitantes, de los cuales el 35% tienen acceso a Internet y el 85% acceso a telefonía celular. Estos datos nos confirman que un amplio espectro de la humanidad puede beneficiarse con la utilización de las RDL/ODR, sobre todo los más excluidos y necesitados.
The current dispute in Ireland involves multiple parties who all have strongly held positions, based on their values, interests and needs. Does this sound familiar?
Mediation or arbitration of employment disputes is also encouraged to avoid the costs of ordinary litigation, especially the cost of discovery disputes.
RSI wanted to shine some attention on the work we are doing related to the development of the new Child Protection Mediation Program.
This is the complete interview by Robert Benjamin with New York based JAMS mediator Margaret Shaw filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
What's the purpose of mediation? What are doing when we sit in a room with our clients? It is not that these questions aren't important to practitioners; it's just that we tend to focus on what the clients bring and go from there.
As a child of divorce, a divorced mother of two, and a long-practicing divorce lawyer/therapist, divorce is not exactly something I would advocate for improving a child’s mental health.
In this seemingly endless election season, just about everyone who believes they have any angle at all on making sense of what is going on has weighed in with their analysis. So why not conflict professionals?
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Pete Rose failed to have his ban from the sport rescinded recently. He's now been banned from any participation in the sport and inclusion into the Hall of Fame for 26 years and counting. The two sides cannot work through the conflict and it seems counterproductive to both sides' interests.