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John Paul Lederach

Convincing Violent Groups to be Non-Violent - Video

(7/22/16)John Paul Lederach John Paul Lederach describes discussing alternatives to violent conflict with groups who felt powerless and that violence was their only avenue of action. One method he uses is to ask them what violence has achieved historically.
Omar Karam

CDRC Vienna: How to Negotiate Your Way to the Top

(7/22/16)Omar Karam These articles are a series of summaries from the CDRC Vienna 2015. This article focuses on negotiation tips for competitors, tips that would prove useful in any negotiation.

CDRC Vienna: Consensual Dispute Resolution

(7/22/16)Stephanie Rohmann, Nataliya Barysheva These articles are a series of summaries from the CDRC Vienna 2015. This article focuses on an Austrian and a French mediator sharing their views on negotiation.
Ivo Bari

CDRC Vienna: How Negotiation Competitions Benefit Students

(7/22/16)Ivo Bari These articles are a series of summaries from the CDRC Vienna 2015. This one is a message from a Brazilian CDRC Pioneer to the next year, "Student Competitions like CDRC can change your life, if you know how to be prepared for it!"
Jim W Hildreth

Mediation and Yoga

(7/22/16)Jim W Hildreth This post describes another tool that mediators can add tot heir toolbag.
John Paul Lederach

How Does Humanity Unite?

(7/22/16)John Paul Lederach A blog series from Dr. John Paul Lederach, Humanity United Senior Fellow, exploring the challenges of social fragmentation and conflict with a focus on reconciliation, social healing, and human flourishing.
Charlie Young

Self-Reflection Following A Mediation

(7/22/16)Charlie Young This article provides a self-reflection checklist for mediators to consider following a mediation.
Beth Graham

Are Rules Allowing Arbitral Sanctions a Mirage?

(7/22/16)Beth Graham In his publication, “Are Rules Allowing Arbitral Sanctions a Mirage?,” Mr. Morrow discusses whether an arbitrator may use permissive procedures to impose sanctions beyond those currently available by judicial decree.
Tammy Lenski

How to Confront Someone Without Being Confrontational

(7/22/16)Tammy Lenski Being confrontational will usually do you more harm then help. Here’s a mediator’s tip for how to confront someone and raise an issue for discussion without being aggressive or argumentative.
Eric Slepak

Tough Love

(7/22/16)Eric Slepak A recent study out of Columbia University suggests that nice mediators finish last.
Maria Eugenia Sole

BREXIT: A View from the Philosophy of Liquid Modernity and Ethics of Alterity

(7/21/16)Maria Eugenia Sole Let's make an attempt to understand the recent events related to the output of the United Kingdom of the European Union from the perspective of contemporary sociology, but not before making a brief review of the paradigm shifts in the social field over the past centuries. En Espanol
Maria Eugenia Sole

BREXIT: una mirada desde la filosofía de la modernidad líquida y la ética de la alteridad

(7/21/16)Maria Eugenia Sole Hagamos un intento por comprender los sucesos recientes relacionados con la salida del Reino Unido de la Unión Europea desde la óptica de la sociología contemporánea, no sin antes hacer un breve repaso sobre los cambios paradigmáticos en el campo social durante los últimos siglos.
Jim Melamed

Effective Conversations in American Society: Time for a National Mediation Act

(7/20/16)Jim Melamed Please join Mediate.com in recognizing the importance of effective conversations and mediation by supporting a National Mediation Act. This is the shift in social consciousness, American exceptionalism and American leadership that we and the world now most need.
Teresa Wakeen

Interview with Terry Wakeen

(7/19/16)Teresa Wakeen This is the complete interview by Robert Benjamin with well-known Seattle Mediator Terry Wakeen filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Dixon Dern

Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?

(7/15/16)Dixon Dern I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.
Jeff Thompson

Hostage Negotiations: There are no simple answers, just harsh dilemmas

(7/15/16)Jeff Thompson Canada does not pay ransom to terrorist kidnappers. It only feeds their appetites. The best way to fight this wave of violence is to say no.
Beth Graham

Dallas COA Compels Arbitration in Injured Nurse’s Lawsuit Against Former Employer

(7/15/16)Beth Graham Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.
Dan Simon

Mediation Center Director Re-Inspired by the Transformative Approach

(7/15/16)Dan Simon Our intent in a recent training was to provide new mediators training in parenting plan mediation, we received so much more. Over the course of the weekend, I found myself reexamining some of my beliefs about mediation practice.
Maria Walsh

Pregnancy Discrimination Claims Grow

(7/15/16)Maria Walsh With expanded participation of women in the workforce, there is a need to adapt the workplace to pregnant and breast-feeding workers.
Jan Frankel Schau

A Funny Thing Happens when People Talk to One Another in Mediation

(7/15/16)Jan Frankel Schau This was an interesting week. I mediated three contentious, litigated matters. I did something a bit out of the ordinary for that phase of the mediation . . .
Phyllis Pollack

It Ain’t Easy To Say “I am Sorry”

(7/15/16)Phyllis Pollack There are right ways and wrong ways to say “I am sorry”. Most of us have figured out the wrong ways… by accident.
Joe Markowitz

Fear

(7/15/16)Joe Markowitz Someone renting the house across the street from us has been blasting loud music very late at night, and I've been wondering how to deal with it.
Mervyn Malamed

Systemising the Way We Manage Workplace Conflict

(7/11/16)Mervyn Malamed A good Integrated Conflict Management System covers a spectrum of dispute resolution practices from formal, to informal, and developmental.
Jason Dykstra

What All New Leaders Should Understand

(7/11/16)Jason Dykstra Coming into a role where you are expected to get others to work together efficiently and effectively to create the best possible product or service isn’t an easy task.
Katherine Graham

Guidance on Investigating a Grievance About an Organisational Policy

(7/11/16)Katherine Graham Sometimes as part of an investigation, you have to determine whether a policy is inherently flawed or whether a manager is applying it incorrectly – intentionally or not.
F. Peter Phillips

“Procedural” Apology

(7/11/16)F. Peter Phillips Richard Nixon was responsible for many teaching moments. One of my favorites is the advance in American appreciation of the difference between the passive voice (“Mistakes were made”) and the active voice (“I made mistakes”).
Tammy Lenski

Dealing with Difficult Behaviors

(7/11/16)Tammy Lenski One of my summer 2016 projects is sorting past articles by conflict resolution skill. I’ve just completed the next on the list: Dealing with difficult behaviors.
John Lande

Will Gretchen Carlson's Case Against Roger Ailes Go Through the Courts Because of Sloppy Drafting?

(7/11/16)John Lande You may have heard about the lawsuit that Gretchen Carlson filed against Roger Ailes.
Claudia Maffettone

110 Years of Mediation: Principles, Opportunities, and Challenges

(7/11/16)Claudia Maffettone In this article, I will offer a succinct overview of definitions, principles, approaches, opportunities and limits of mediation, a method of conflict resolution encompassing a wide range of practices.
Robert Benjamin

Game Playing in Negotiation: Part 1, Evolutionary Purpose and Necessity---Machiavelli's Place At the Table

(7/11/16)Robert Benjamin While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.
Nina Meierding

Interview with Nina Meierding

(7/10/16)Nina Meierding This is the complete interview by Robert Benjamin with Nina Meierding filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Donald T. Saposnek

What Should We Tell the Children? Developing a Mutual Story of the Divorce

(7/10/16)Donald T. Saposnek One of the most typical questions asked of me by parents who are beginning the divorce process is, “What should we tell the children and how should we tell them?”
Jeffrey Krivis

Can We Call a Truce? Ten Tips for Negotiating Workplace Conflicts

(7/06/16)Jeffrey Krivis Whether two employees are fighting or a disgruntled client is on the verge of leaving, you—yes, you—can step in and help solve the problem. Here are some tricks of the trade.
Frank Sander

Interview with Frank Sander

(7/05/16)Frank Sander 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.
Charlie Irvine

Scotland’s ‘Mixed’ Feelings About Mediation - Part 2

(7/01/16)Charlie Irvine To a hammer, everything looks like a nail; and to litigators, most cases look ripe for litigation. But my generation entered the Scottish legal profession with an additional motivation: if a case runs its full course, it is not just good for our pockets, it is good for the law and good for the country.
Esther Gomez Jimenez

Mediacion Online Una Realidad del Siglo XXI

(7/01/16)Esther Gomez Jimenez El impacto de las nuevas tecnologías y en particular el uso de Internet han hecho posible el establecimiento de nuevos métodos para la resolución de los conflictos, y es aquí donde entra en juego la Mediación, pudiéndose la misma desarrollar por este medio.
Lou Marlin

Selecting a Neutral at Case Inception

(7/01/16)Lou Marlin Every attorney who works as a litigator knows that litigation is a stressful and often frustrating exercise.
Dan Simon

6 Reasons Name-Calling Can be a Healthy Part of Mediation

(7/01/16)Dan Simon In some circles, name-calling is considered to be counterproductive in a mediation session.
Beth Graham

Fifth Circuit Affirms $1.45 Million Arbitration Award in Legal Fees Dispute

(7/01/16)Beth Graham Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees.
Tammy Lenski

Just How Important is Non-verbal Communication?

(7/01/16)Tammy Lenski For decades, non-verbal communication has been lauded as an important part of establishing connection and understanding with others. Now a new study suggests non-verbals aren’t as key as we think.
Katherine Graham

After the Referendum, Has ‘Reasonable Behaviour’ Changed?

(7/01/16)Katherine Graham So one measure of assessment in a grievance or disciplinary investigation is whether the behaviour fell below the standards of the ‘ordinary reasonable person’ in the same situation – the famous ‘man on the Clapham Omnibus’.
Dr. Lynne C. Halem

Business Mediation: Strengthening Partnerships for the Long Haul

(6/27/16)Dr. Lynne C. Halem Business partnerships are similar to marriages. Consider the problems encountered by these two very different partnerships.
Justin Kelsey

Should We Also Talk About When Mediation Fails?

(6/27/16)Justin Kelsey Many misunderstand what mediation is and mislabel dispute resolution processes. Litigators are urged to educate themselves about mediation, because if you only tell clients about the disadvantages then you are not providing balance either.
Charlie Irvine

Scotland’s ‘Mixed’ Feelings About Mediation - Part 1

(6/27/16)Charlie Irvine This paper considers Scotland’s lack of receptivity towards mediation in the light of its ‘mixed’ legal heritage of both civilian and common law influences. It contrasts the approach to mediation in common law jurisdictions (such as England and Wales and those of the USA) with that of France, where litigation acts like an ‘attracting magnet’.
Maria Simpson

Orlando and Radicalization

(6/27/16)Maria Simpson As a former member of the IRA, and one who admits to violence, Sean O'Callaghan has clearer insights into this concept than a lot of commentators and psychologists who have not gone through this process and, more importantly, rejected it. His comments, made after the violence in France, are equally applicable to Orlando.
F. Peter Phillips

David Hoffman Inspires Us Again

(6/27/16)F. Peter Phillips David Hoffman‘s capacity to lead by inspiration is unparalleled. When you attend a program or lecture by David, you feel as if he’s talking to you over a table, sharing stuff that matters to him in the hope that it will matter to you, too.
Richard Peachey

Mr v Mrs: Call The Mediator

(6/27/16)Richard Peachey Behind closed doors, in more than 500 locations across England and Wales, a network of National Family Mediation (NFM) services are meeting separated couples attempting to resolve their disputes over money, children and property – without a courtroom battle.
Tammy Lenski

My Strategy for Dealing with Difficult People

(6/27/16)Tammy Lenski How to deal with difficult people? It’s one of the most frequent questions I’m asked.
Larry Susskind

Teaching Negotiation Online: What Happens when you Adopt a UX (User Experience Design) Orientation?

(6/27/16)Larry Susskind I taught an online negotiation course for the first time this spring.
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