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Steven Bennett
Models for Use of Mediation in e-Discovery (9/19/14)
Steven Bennett
Many commentators and courts suggest that cooperative approaches to e-discovery planning hold the key to lower-cost, higher-quality e-discovery processes. Yet, admonitions to cooperate hardly suffice to motivate self-interested parties. Some system to foster cooperation, beyond the parties themselves, appears essential. One system proposed as a means to promote e-discovery cooperation involves use of mediation. This article outlines an array of mediation techniques that could be used for that purpose.

Laurie Israel
Is Mediating Prenups a form of Marital Mediation? (9/19/14)
Laurie Israel
I have been noticing a trend in my practice lately: the first draft of prenuptial agreements generally sketched out a marriage with no guaranteed financial interplay.

Maria Simpson
Great Workplaces (9/19/14)
Maria Simpson
Fortune magazine publishes an annual list of great places to work, and this year, as in many others, Goldman Sachs took first prize. Many people are surprised by that considering the hours and workload, but there are other elements to consider besides hours.

Andrea Schneider
Prisoner’s Dilemma Game Show (9/19/14)
Andrea Schneider
In class earlier this week, we rebooted the idea of the prisoner’s dilemma as previously portrayed on The Bachelor Pad (discussed on the Freakonomics Blog and four years ago on this site). This time, the conversation revolved around a British game show called Golden Balls that was very popular several years ago. I can only assume that you’ve already discounted Golden Balls’ educational value based on its name alone but bear with me . . .

Cinnie Noble
Never Cut What You Can Untie (9/19/14)
Cinnie Noble
Recently on the Conflict Coaching Guild on LinkedIn I asked members if they would share idioms, phrases, metaphors and other expressions on conflict that they like. There are many I had not heard of and one of those is the title of today’s blog – never cut what you can untie.

Katherine Graham
How to Make Mediation Accessible to People who are Suspicious (9/19/14)
Katherine Graham
Mediation is not an easy option; it is far easier for humans to tolerate the status quo or seek someone else to fix things for them. Mediation must be the workplace equivalent of root canal work at the dentist.

Phyllis Pollack
Should Your Next Mediator Be An Avatar? (9/19/14)
Phyllis Pollack
Once again, The Economist has reported on an interesting study concerning artificial intelligence and psychology. In its August 16, 2014 edition, the authors of "The Computer will see you now" discuss a study in which the participants chatted with an avatar.

Beth Graham
New AAA Consumer Arbitration Rules are Now in Effect (9/19/14)
Beth Graham
On September 1st, new American Arbitration Association (AAA) Consumer Arbitration Rules went into effect. The 55 new rules reportedly replaced the eight Consumer-Related Disputes Supplementary Procedures that previously applied to consumer arbitrations filed with the organization. The new rules apply to all arbitral cases filed after September 1, 2014

Jeff Thompson
Creating Spaces for Effective CVE Approaches (9/19/14)
Jeff Thompson
Have a look at the following. It reminds me firstly of Bernie Mayer's Beyond Neutrality- if we as conflict resolution professionals are seeking to make an impact in the world, perhaps we have to move beyond the neutral role of mediators (and other neutral roles).

Kim Taylor
The ADR Provisions of EU Privacy Laws (9/19/14)
Kim Taylor
Companies doing business globally have a variety of complex issues to deal with, not the least of which is concern about the security of personal data collected from their customers.

Robert Benjamin
Game-Playing in Negotiation and Mediation: Machiavelli’s Place At the Table (9/13/14)
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. If acknowledged and monitored thoughtfully, gaming behavior allows participants a measure of self-protection and provides a lubricant for the constructive, creative and ethical management of complex issues.

John Sturrock
The Mediator's Log: A Mediation Story (9/12/14)
John Sturrock
What happens when you are a mediator and you start another mediation day? We have printed below the details of a mediator's typical morning. The sequel will be printed shortly. Read on as the story unfolds....

Kenneth Feinberg
Ken Feinberg on High Profile Dispute Resolution (9/12/14)
Kenneth Feinberg
Well-known dispute resolution professional Ken Feinberg speaks on high profile dispute resolution and its relation to mediation.

Keith Seat
Legal Mediation News – September 2014 (9/12/14)
Keith Seat
This is another in a series of updates on Legal Mediation News by Mediate.com News Editor, Keith Seat. See our related Newsletter Service for your clients and referral sources.

Dan Simon
Lawyers Benefit from Transformative Mediation – Video (9/12/14)
Dan Simon
Why hasn’t transformative mediation swept the world of litigated disputes with represented parties? A new video reveals that there’s no good reason. While the transformative approach has succeeded in the US Postal Service workplace mediation program, and while some community mediation centers and family mediators have embraced it, the realm of civil litigation continues to be dominated by far more directive approaches.

Martin Quinn
Mediation Briefs: Do’s and Don’ts (9/12/14)
Martin Quinn
Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs. Treat the event with the importance it deserves, and start by preparing an effective, timely brief.

Susan Yates
What Did Labor Day Teach Us About ADR? (9/12/14)
Susan Yates
For a while in the evolution of the ADR field, when two neutrals met they would sometimes ask what the other’s “profession of origin” was. What they meant was, “what did you do before you were a mediator?” There were some unspoken questions packed in there, too. They wanted to know, are you a full-time neutral or are you really from some other profession and trying to break into this one?

Tammy Lenski
High Conflict Personality: Are you sure? (9/12/14)
Tammy Lenski
High conflict personality: Are you sure? chaotic neon "He's such a high conflict personality that I'm scared to disagree with him." "She's high conflict and I don't think any of these approaches will work with her." "How can we best deal with high conflict personalities in the workplace?" "I've been labeled 'high conflict' and I'm blamed for starting every argument."

Joe Markowitz
Truth, Justice, and Peace (9/12/14)
Joe Markowitz
One of the top reasons people advance for being reluctant to agree to a negotiated resolution of conflict is that they cannot abandon the quest for truth and justice. I just heard this feeling expressed recently in a mediation between two former business partners who each felt betrayed by the other.

Phyllis Pollack
Duologue: Inattentive Conversing (9/12/14)
Phyllis Pollack
Daniel Simons and Christopher Chabris discuss the notion of Inattentional Blindness or how when we are looking at a scene, we may become so focused on one particular aspect of what we are viewing that we miss the other objects or stimuli that are in plain sight. "Inattentional Blindness occurs where attention to one thing causes us to miss what to others may seem to be blindingly obvious. We have a limited ability to focus and attention in one area can distract us from another area."

Keith Seat
International Mediation Updates - September 2014 (9/05/14)
Keith Seat
This is another in a series of updates on the development of mediation internationally by Mediate.com News Editor, Keith Seat.

Rachel Ehrlich
Shhhh! The Big Risk Associated With Mediation Confidentiality Nobody Talks About (9/05/14)
Rachel Ehrlich
In complex civil disputes it is not uncommon for information to be provided through mediation and that information is often subject to mediation confidentiality. When related disputes (contractual indemnity, insurance carrier contribution, insurance coverage and bad faith, and reinsurance) arise, mediation confidentiality prohibits using the information relied upon as evidence in the related matter.

Cris Pastore
6 Major Mistakes to Avoid in a Do-It-Yourself Divorce (9/05/14)
Cris Pastore
Although spouses claim to have everything worked out, they almost always fail to consider some very important details. Read this article and learn the 6 common mistakes to avoid when attempting to resolve your own divorce.

Art Hinshaw
ADR as a First Career (9/05/14)
Art Hinshaw
There has been a lot of discussion on DR list serves about the next generation of ADR professionals, practitioners and academics. For recent graduates interested in pursuing a career in ADR, the advice they often receive is to first practice law or gain experience in another field before transitioning to ADR as a 2nd (or even 3rd) career. I assume this advice stems from the personal experience of those giving it – as this was the career path of ADR’s founding generation. But is this necessarily the narrative for our next generation?

Cinnie Noble
The Last Word (9/05/14)
Cinnie Noble
When we are in an interpersonal conflict we may find ourselves reacting when the other person tries to have or succeeds at getting the last word. Or, we may be the one who is trying or succeeds in doing so. According to one source, the definition of the phrase the last word includes: “the last thing said in an argument”; “information that everyone considers to be the best”; “the right to make a decision that everyone must obey”; and “the newest and best type of something”.

Katherine Graham
What’s a ‘Successful’ Mediation? (9/05/14)
Katherine Graham
Mediation is commonly measured in terms of settlement rate (i.e. did the parties agree?) and you’ll see figures like ’80% settlement rate’ bandied about. In our view this is not the only measure of success. There are many more! Think about which measures matter to you – the parties, the mediators, and your organisation.

Vivian Scott
Preventing Conflict in the Workplace by Taking Time for Yourself (9/05/14)
Vivian Scott
I just got back from a holiday with my significant other and as I get ready to take a long weekend with family, I’m thinking about how fortunate I am this year to be taking so much time off. I realize not everyone has the same opportunity, so I thought I’d share some ways in which one can take a vacation at work without actually taking time off.

Beth Graham
Texas Supreme Court Agrees to Decide Whether Construction Dispute Should be Arbitrated (9/05/14)
Beth Graham
The Supreme Court of Texas has agreed to review whether an arbitration clause applies to a construction dispute between a developer, a builder, an architectural firm, and others. In G.T. Leach Builders, L.L.C. v. Sapphire VP, LP, No. 13-0497, a condominium complex was destroyed by a hurricane while still under construction. Prior to the hurricane, the builder, G.T. Leach, apparently allowed its insurance coverage to lapse. As a result, the builder lacked sufficient funds to rebuild the condominium project or make the owner whole again. In response, the developer, Sapphire, filed a lawsuit for breach of contract and negligence in Cameron County against the builder.

Jeffrey Grubman
Employment Mediation Requires a Unique Touch (9/05/14)
Jeffrey Grubman
Although the fact patterns of employment cases vary considerably, there is always a common theme. The plaintiffs believe they have been mistreated by their employers, and the employers almost always deny the factual allegations.

Dan Simon
Law Professor Transformed (9/05/14)
Dan Simon
Professor Sherry Colb, who teaches criminal procedure and evidence at Cornell Law School, took a training in transformative mediation this spring and it blew her mind. You can read the full text of the article she wrote about it here. In her article Colb explains the fundamentally different assumptions that underly the legalistic paradigm as compared to the transformative paradigm. Here are a dozen of the insights that the training inspired in her:

Nick Redding
Do Unethical Leaders Foster Conflict Among Followers? (9/05/14)
Nick Redding
Recent events, such as the BP Gulf of Mexico oil spill, questionable accounting practices at Enron, and illegal hiring practices among Silicon Valley’s most prominent companies, are just a few among many examples of unethical organization leadership practices today.While the impact of unethical leadership practices on local communities is often times immeasurable, what is less well understood is the impact of this type of leadership inside the organization. Specifically, how does unethical leadership impact those individuals working under it?

Dale Ordas
Rethinking Negotiation Strategy (9/02/14)
Dale Ordas
Too frequently, negotiations are fruitless due to inadequate preparation. Rethinking Negotiation Strategy sets forth critical areas that should be part of the preparation for negotiation. In each segment there are references, which provide for a more in depth exploration of these indispensable tools for the successful negotiator.

Kim Lovegrove
Mediation-in-Depth Analysis - Video (9/02/14)
Kim Lovegrove
Prof. Kim Lovegrove and distinguished lawyers look at Mediation as a dispute resolution process, its advantages, and disadvantages.

John Sturrock
Getting to Yes…or No?! (9/02/14)
John Sturrock
On Thursday 4 September, Collaborative Scotland hosts a Day of Dialogue which will focus on respect and reconciliation in the lead up to, and after, the independence referendum in Scotland on 18 September. It is not about Yes and No but how we will live and work together regardless of the outcome of the referendum.

Jeff Thompson
Harvey Hostage Negotiator's Inside Look at Standoff (9/02/14)
Jeff Thompson
In an ABC7 exclusive, a key hostage negotiator gave Eyewitness News an inside look at how he and others helped bring that suburban standoff in Harvey to a peaceful end.

Jan Schau
Balancing Fairness with Justice (9/02/14)
Jan Schau
As an arbitrator (or a Judge) we have limits–on our outward demonstration of compassion, our creativity in crafting appropriate and fair remedies and our moral indignancy where wrongs occur without remedies. As poorly as we may feel about how someone was mis-treated, we are constrained to follow the letter of the law (even where it may be at odds with it’s “spirit”) and dole out remedies only where each element of a given cause of action has been proven by a preponderance of evidence together with actual, credible, available damages. Yet, life is messy.

Stephanie West Allen
Seven Challenges When Using the Neuroscience Lens to See the World (9/02/14)
Stephanie West Allen
Over the years, I have learned that people reading this blog come from a wide range of belief systems, including atheist, agnostic, and those involved to large or small degree in various spiritual and religious practices. Although this blog post to which I am linking today is written by a Christian and part of the post is from a Christian perspective, I think anyone can learn from this article.

Phyllis Pollack
Procrastination! (9/02/14)
Phyllis Pollack
In the last few weeks, I have published blogs about the way we think. That is, while we use System 1 throughout most of the day, it is intuitive, lazy, and emotional and does not always lead us down the correct path. In contrast, our System 2 is analytical, deliberate, slow, effortful and rational. It takes effort to use it, uses up energy, and being the lazy souls that we are, we tend to default to System 1 thinking as much as possible.

Joe Markowitz
Philosophy (9/02/14)
Joe Markowitz
We know that mediators sometimes need to act as an amateur psychologist, an amateur economist, an amateur diplomat, an amateur judge, or apply other kinds of expertise to help resolve conflict. That's what makes the practice of mediation so interesting. We might not have realized that mediators also need to act as amateur philosophers. This book provides great approaches to look at many of our clients' questions.

Tammy Lenski
The Essential (and often ignored) Ingredient for Conflict Resolution (9/02/14)
Tammy Lenski
The answer to your conflicts does not lie in yet another conflict resolution skills workshop to add to all that you’ve taken before (skills training may be worthwhile but there comes a point when more is not better).

Patricia Porter
What Happens on the Bus, Shouldn’t Stay on the Bus! (9/02/14)
Patricia Porter
With the start of 2014-2015 school year in full swing, children across the country will be boarding the school bus to arrive before the morning bell sounds. According to the National Highway Safety Administration, school buses are the safest mode of transportation for getting children back and forth to school. But how safe is a child from the other children inside of the bus? School bus bullying is becoming a growing concern among parents, school administrations, and bus drivers. According to the U.S. Department of Education 10 percent of school bullying occurs on the school bus. Stopbullying.gov defines bullying as “unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time.

Keith Seat
Update on Home Foreclosure Mediation - September 2014 (9/01/14)
Keith Seat
This is another in a series up updates on the development of home foreclosure mediation in the United States by Mediate.com News Editor, Keith Seat.

Rolando Perlaza Perez
Resolucion Alterna de Conflictos en Costa Rica y la Apertura Hacia Nuevas Formas de Gestionar el Conflicto (9/01/14)
Rolando Perlaza Perez
Hace 17 años en Costa Rica se promulgó la Ley Sobre Resolución Alterna de Conflictos y Promoción de la Paz Social ley número 7727 (Ley RAC) y se iniciaron campañas de formación y concientización de la ciudadanía sobre las ventajas y bondades de la solución pacífica, dialogada y colaborativa del conflicto. Desde entonces, Costa Rica ha avanzado en el desarrollo y fortalecimiento de los métodos tradicionales de RAC (Resolución Alterna de Conflictos), entiéndase Arbitraje, Mediación/conciliación, Negociación y en los últimos años los Círculos de Paz. Incluso en el año 2011 se promulgó la Ley Sobre Arbitraje Comercial internacional Ley 8937, que sienta las bases para que Costa Rica sirva de Sede para arbitrajes internacionales de naturaleza comercial.

James Melamed
Reported Complaints About Mediation.com (9/01/14)
James Melamed
This article includes reported complaints and email correspondence with and regarding Mediation.com and their selling practices.

Brad Heckman
Mediation and Mindfully Getting in the Middle (Redux) - Video (8/26/14)
Brad Heckman
In this insightful talk, Brad Heckman discusses mindfulness in conflict mediation. Using poignant humor and his own hand-drawn illustrations, Heckman effectively communicates the necessary balance of emotions, relief and reflection that mindfulness supports in the mediation process.

Jeffrey Krivis
The Negotiation Campaign (8/25/14)
Jeffrey Krivis
Negotiations are like political campaigns. It is an organized effort to influence decision makers. Don’t just throw a case against the wall and hope the other side gets it. Mount a negotiation campaign that is strategic and considers who might be needed to vote for your side and what they will need to solidify their vote.

Mark Baril
MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two) (8/22/14)
Mark Baril
Med-arb is the melding of two well-established processes for conflict resolution into one hybrid process. Mediation and Arbitration are used in conjunction with one another and, in the truest form of med-arb, the same third-party neutral plays the role of both mediator and arbitrator. In this paper, the term med-arb refers to this pure form that uses the same neutral, and is distinct from the common process where different neutrals are used in a mediation phase and an arbitration phase.

Judy Ringer
Conflict Resolution for Kids (8/22/14)
Judy Ringer
My good friend and colleague, Thomas Crum, taught me a lot of what I know about having hard conversations. A method he uses with children - the BLT - is so simple and easy to remember, I often use it and have found it to work very well with children and adults: Breathe, Learn, Talk.

Ken Johnson
The Good and Bad of Conflict (8/22/14)
Ken Johnson
As conflict professionals, we should strive to understand the subject of conflict in all its various forms. However, the large majority of the industry only desires to resolve conflict. Indeed, conflict can be beneficial (anabolic) or destructive (catabolic). Knowing the difference can give businesses and other organizations a catalystic edge to take them to the next level.

Phyllis Pollack
Be Sure To Get Some Sleep ! (8/22/14)
Phyllis Pollack
Once again, another study has connected sleep deprivation with cognitive function. And, it provides some good news and some bad news. The bad news is that if a party witnesses an event while sleep deprived, and then is asked later to recall the event while still sleep deprived, she will recall it inaccurately; that is, she will have a false memory of it.

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