(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 article covers a number of practical aspects of online mediation to broaden the understanding of how ODR can benefit a mediation practice.
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.
I have talked about peoples assumption that bringing a divorce case in front of the judge would end their conflict. On the contrary letting the judge decided might cause more conflict in the end.
We tend to approach conflict situations as 'win/ lose'.
(3/17/17)F. Peter Phillips
The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy.
Often in negotiating, a party may make a monetary demand without providing any reasoning behind it.
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.
This article addresses the benefit parties can gain by moving from unrealistic positions toward considering realistic solutions to a dispute.
The results of being pushed out of our character are numerous, and mostly bad. The outcome may be a wrecked mediation, or a more permanent wound in one of our core relationships.
This article discusses which privilege law governs in the context of enforcing a settlement agreement when both federal and state law claims are involved.
Mediation is successful more than 75% of the time, minimising costs in terms of time delays, frustration, and emotional impact on parties and their families.
David Weiss, the Director of the Institute for Dispute Resolution (IDR) at New Jersey City University. , is interviewed by Laura A. Kaster, President of the Justice Marie L. Garibaldi New Jersey Alternative Dispute Resolution Inn of Court.
"Between the Fact and Non-Fact is the Conflict," this statement is so blatantly simple that one wonders why we have not been able to dwell on this and recognize that this pulsating split second wonder can have appalling or astounding consequences.
If poorly worded, an apology can only exacerbate the situation rather than ease the hurt and pain caused by the initial faux pas.
Following are some tips to help even the most experienced counsel take advantage of one of arbitration’s best benefit: flexibility.
(3/09/17)Michael Aurit, Amanda Singer
We met three years ago at the Academy of Professional Family Mediators (APFM) Conference in San Diego. At the time, each of us was barely a year out of law school and preparing to take a leap to begin our own divorce and family mediation practice.
This PDF presentation reviews the major sections of Mediate.com, including sections on content, resources, getting cases and additional Mediate.com services.
Of all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses.
This is the complete interview by Robert Benjamin with Chip Rose, a national leader in the fields of divorce mediation and collaborative practice, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(3/06/17)Dr. Lynne C. Halem
Professionals writing about divorce too often reinforce parental fears by recounting, even exacerbating the negative consequences of divorce
(3/06/17)Joan B. Kelly, Ph.D.
The divorce rate began its sharp increase in the early 1960's and more than doubled by the end of the 1970's. This was accompanied by dramatic changes in cultural traditions, societal expectations, and divorce and child custody laws.
Child-custody evaluations have become commonplace in
family-law disputes over living arrangements, parental
decision-making, and time-sharing with offspring.
The key to successful parenting mediation is using a model that works for the parents and provides a parenting model that starts with a truce, then works towards mid and long term parenting goals.
This article is about the divorce mediation process, including specific recommendations for New Jersey.
Those people [who share your political perspective] are vile and despicable and should be ashamed of themselves!
I think that one of our main missions in the DR field is to promote constructive engagement in conflict
As mediation and other settlement-oriented intervention strategies have come into broader use in commercial dispute resolution, different views have emerged regarding the nature and purpose of some of these processes as a result of both individual choice and cultural or systemic factors.
How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement?
My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.
I am a professional mediator – and a passionate devotee of its virtues. Mediation, however, can take many forms, depending on the individual needs of a particular dispute or its parties.
This article discusses a tool for measuring the cost of workplace conflict, as well as the considerations that factored in to developing that tool.
This article provides background information on parental conflict and its consequences for children. Three conflict analysis models are presented to assist parenting coordinators to diagnose parental conflict and select effective intervention strategies.
Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 10" Attorney Directory by Attorney Rankings. Mediate.com is the overall 9th ranked attorney directory and the only mediation or ADR directory listed!
Problem-solving and decision-making. Ask anyone in the workplace if these activities are part of their day and they answer 'Yes!' But how many of us have had training in problem-solving?
This is the complete interview by Robert Benjamin with Michael Lang, former President of the Academy of Family Mediators and founder of the Antioch University conflict resolution program, filmed for the Mediate.com 'Views from the Eye of the Storm' Video Series.
Peace is, and will continue to be, a pain in the butt.
This article discusses engaging with “the enemy,” building relationships, separating people from the problem, listening to and understanding deeply, finding “win-win” solutions to intractable problems based on interests rather than polarised positions, and accepting and acknowledging our own imperfections.
When someone is emotionally swamped by anger, it can be helpful to redirect them temporarily away from their feelings and engage their cognitive capacities.
The desire to be right is deeply seductive and understandable, but it can cause a lot of problems at work
After this political year, we ask: why will the publis only accept facts which support their current beliefs?
The moment Erin walked through the doors of her workplace, she made a beeline towards her office. She greeted a few people, even exchanged a few “how’s it going?” pleasantries.
(2/22/17)Kenneth Cloke, Peter Adler
The use of mediation has grown and evolved over last the thirty years. As the “founders” begin to retire and new voices emerge, what is the future of mediation from a global perspective?
This article defines conflict coaching, describes areas in which conflict coaching can be used, and illustrates an example of how a conflict coaching process might proceed.
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.
(2/17/17)John Fiske, J Anthony Licciardello
Divorce mediators can greatly benefit from reading and having readily on hand this new book by a Certified Divorce Financial Analyst who understands that divorce should be a planning process.
The inmates of Darwin’s Berrimah Prison are shown in a new light in Australia’s first documentary musical. The inmates share their feelings, faults and experiences in the most extraordinary way – through song.
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It’s hard to listen deeply from inside an argument.