All Articles


New Articles


Roger Fisher

Interview with Roger Fisher

(6/27/16)Roger Fisher This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
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.

David Hoffman Inspires Us Again

(6/27/16)David A. Hoffman, 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.
John Lande

Where the "Puck" is Going -- and What Faculty Should Do to Help Students Get There

(6/27/16)John Lande Analogizing the puck to the legal and dispute resolution fields, this program addressed where we are going and how, as legal educators, we can best prepare our students to “skate” there.
Phyllis Pollack

To Leave or To Remain?

(6/27/16)Phyllis Pollack Brexit: should Britain remain within the European Union or leave? The proponents on both sides have been quite strong in their respective positions accusing each other of exaggeration, if not misrepresentation.
Zena Zumeta

Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation

(6/22/16)Zena Zumeta Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.
Maxine Baker-Jackson

Interview with Maxine Baker-Jackson

(6/21/16)Maxine Baker-Jackson This is the complete interview by Robert Benjamin with Maxine Baker-Jackson, former Director and Mediator, Los Angeles County Superior Court, Dependency Court, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Are You Really Ready for Divorce? The 8 Questions You Need to Ask

(6/20/16)Bruce Derman, Wendy Gregson This article outlines what couples need to do in order to face the numerous dilemmas that are inherent in divorce. If people have not resolved their dilemmas before the divorce, they go through the process trying to manage their fear in different ways by hiding their doubt, responsibility; vulnerability, or dependency.
Robert Benjamin

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

(6/20/16)Robert Benjamin Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.
Don Philbin

The Psychology of Bad Economic Decisions

(6/19/16)Don Philbin In this short piece, I describe a few ways that disputing parties and their lawyers systematically depart from rational decision making. Along the way, I offer tips on how to get productive settlement discussions back on track after being derailed by our all-too-human psychology.
Chris Moore

Interview with Chris Moore

(6/14/16)Chris Moore This is the complete interview by Robert Benjamin with mediation pioneer Chris Moore, Founder of CDR Associates in Boulder, CO, and a long time leader in the area of public policy mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Gregg Relyea

Managing Negative Personal Mannerisms in Negotiation and Mediation

(6/10/16)Gregg Relyea Carefully managing negative personal mannerisms can result in a more confident and competent negotiator who is aware of their own and others' negative personal mannerisms and who makes deliberate and conscious decisions about managing them.
Laurie Israel

Underwood Family Values – A Template for a Marriage

(6/10/16)Laurie Israel The Underwoods, the main characters in the show House of Cards, have been married a long time when we meet them - 26 years - as the series begins. They seem to be a very solid two-person unit, that have things to teach us about balancing personal fulfillment and commitment to the marriage.
John Lande

Mashburn on Mediation in Open Adoption Cases

(6/10/16)John Lande I remember one case that broke my heart in which I wish we could have arranged an open adoption.
Jason Dykstra

4 Steps to Developing a Conflict Resilient Mindset

(6/10/16)Jason Dykstra “Hey Mick, what are you doing hammering on that boulder?” To which Michelangelo responded, “There’s an angel inside and I’m trying to let it out!”
Phyllis Pollack

The California Law Revision Commission’s Latest Decisions Re: Mediation Confidentiality

(6/10/16)Phyllis Pollack On June 1, 2016, the California Law Revision Commission (CLRC) held its meeting in Sacramento and, as in the past, took up mediation confidentiality as the last item on its agenda.
Ian MacDuff

The Mediator as Tourist

(6/10/16)Ian MacDuff I’ve just returned from a week in Vientiane, the capital of the Lao People’s Democratic Republic, and that week away gives me both a [slight] excuse for a late blog entry and a couple of reflections on the outsider/observer role of both mediator and tourist.
Patricia Porter

You Thought Your Marriage Was Miserable- Wait Till You Get To Court…

(6/10/16)Patricia Porter The breakup of a marriage almost always involves some level of conflict between spouses, but the process of litigation during divorce ratchets that conflict up to a level of devastation for all members of the immediate and even extended family.
Carrie J. Menkel-Meadow

Interview with Carrie Menkel-Meadow

(6/08/16)Carrie J. Menkel-Meadow This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Michael Toebe

How to Better Solve Your Consumer Disputes

(6/06/16)Michael Toebe When consumer disputes evolve, the perception and at times, reality is it's a push-resistance equation. Emotions escalate. Judgments, yet not resolution, rule.
Jennifer Mahony

Revelling in the Pause: Creating Sustainable, Connected Working Relationships

(6/06/16)Jennifer Mahony Mediation is about revelling in the pauses, honouring them, leaning into them. It is about slowing down, about being purposeful in everything that is said and done.
Maria Simpson

4 Reasons to Call a Neutral Third Party

(6/06/16)Maria Simpson Even though it is vital to know conflict resolution skills yourself, it’s also vital to know when to call a third party for help.
Jason Dykstra

Carrying the Pain: A Mediator's Journey

(6/06/16)Jason Dykstra I tried to figure out an answer for the client. Then went home and withdrew into myself.
Ronald S. Kraybill

How Do You Call to the Deep?

(6/06/16)Ronald S. Kraybill By adopting practices of interaction largely stripped of symbols and moments to engage Depth, we cut ourselves off from the most powerful source of energy for creativity, connection, and change available to us.
Clare Fowler

3 Dastardly Disputes

(6/06/16)Clare Fowler It seems lately everyone is trying to classify disputes. Well, never let it be said that I wasn't one for jumping on the bandwagon.
Katherine Graham

Trouble at the Top: Why CEOs Don't Use Mediation

(6/06/16)Katherine Graham The C-suite, the Board, senior management – call it what you will, those at the top of an organisation are as prone to conflict as the rest of us. But even more than the staff base, senior management are reluctant to use mediation.
Tammy Lenski

Conflict Resolution Terms Defined

(6/06/16)Tammy Lenski I’ve had repeated requests for the language I use to describe and define common conflict resolution terms like dispute, conflict, mediation, and facilitation. Here’s the language I use and a PDF download suitable for printing.
Joan B. Kelly, Ph.D.

Interview with Joan Kelly

(5/31/16)Joan B. Kelly, Ph.D. This is the complete interview by Robert Benjamin with Joan Kelly, well-known clinical psychologist, researcher and founding Executive Director of the Northern California Mediation Center, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Claudia Maffettone

110 Years of Mediation: Principles, Opportunities, and Challenges

(5/27/16)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.
Hadassah Fidler

When Sorry Can’t Be The Only Word

(5/27/16)Hadassah Fidler The latest research into apologising will come as no surprise to those who work in the mediation arena.
Maria Simpson

Don't Take That Tone . . .

(5/27/16)Maria Simpson An endgame is the strategy you plan for how you will play your last hand or your remaining chess pieces or the end of the race to ensure the outcome you want. Sometimes those strategies work and sometimes they don’t, but it’s the plan we put into place to get a desired result, and then we hope it works.
John Lande

Compared to What?

(5/27/16)John Lande Although public perceptions are important indicators about the functioning of the court system, they are subject to biases and should be supplemented with other indicators.
Charlie Irvine

Oiling the Wheels of the Justice System

(5/27/16)Charlie Irvine This article is the talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic.
Joe Markowitz

Pre-litigation Dispute Resolution

(5/27/16)Joe Markowitz More evidence that the practice of law has changed in fundamental ways: Employee representatives agreed that they prefer to resolve employer-employee disputes without litigation if possible.
Phyllis Pollack

Risk Taking: It is a Matter of Biology.

(5/27/16)Phyllis Pollack Are you a risk taker? Or, are you a risk averter?
Joseph Stulberg

Interview with Joseph Stulberg

(5/26/16)Joseph Stulberg This is the complete interview by Robert Benjamin with Joe Stuhlberg, a leading mediation law professor, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
Mediate.com ZZZZZ

Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR)

(5/25/16)Mediate.com Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).
Michael Lewis

Interview with Michael Lewis

(5/22/16)Michael Lewis 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.
Bill Eddy

Bullies At Work

(5/22/16)Bill Eddy 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.
Randy Drew

Mediatees Have The Right To Make ‘Bad’ Decisions

(5/21/16)Randy Drew Self-determination (volition), sometimes, means mediation participants get to make ‘bad’ decisions.
Dr. Lynne C. Halem

Challenging The Myths Surrounding Divorce Mediation

(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.
Lorraine Segal

The Illusion of Making Someone Else Change

(5/20/16)Lorraine Segal 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.
Tammy Lenski

Holding the Space for Someone in Conflict

(5/20/16)Tammy Lenski What does it mean to hold the space for someone who’s trying to get somewhere different in a conflict?
Jeff Thompson

Man With Gun During Standoff Streams It Live on Facebook

(5/20/16)Jeff Thompson SWAT negotiation team discusses whether online technology in gun standoff helped resolve their dispute.
Click here for MORE ARTICLES