This article analyzes Republican and Democratic 'bubbles" and how we can build bridges between them.
There seems to be no way around it: In the aftermath of a contentious US presidential election, conversations between voters all along the political spectrum either devolve into shouting matches and insults, or irreconcilable platitudes.
Transformative theory acknowledges people’s propensity to fall into a vicious cycle of feeling threatened, losing compassion for each other, and then behaving in ways that perpetuate or worsen those experiences.
La felicidad se construye con actos en el día a día que te hará ser consciente de que transitas junto a ella.
Professor Robert Condlin, University of Maryland Francis King Carey School of Law, has written an interesting paper entitled, “Online Dispute Resolution: Stinky, Repugnant, or Drab.”
Conflict takes root in the space between our narrative about what happened and theirs.
(12/02/16)Maria Gimena Funes
Dado el fenómeno progresivo de la violencia, urge la necesidad de un apropiado abordaje en la Escuela, mediante una herramienta capaz de fomentar relaciones sinérgicas y construir espacios comunes que interpreten las diferencias y el posible enfrentamiento de intereses como instrumentos formativos.
This article tells the story of a collaborative effort between the Bodega Marine Lab, and CONCUR principal Scott McCreary (then an MIT PhD student), and top research scientists in their efforts to ban tributyltin in the United States in the early 1980's.
(11/30/16)Robert Benjamin, Peter Adler
Do the Dems still have enough juice to bargain? Is there a strategy or plan? And, regardless of our individual political proclivities, do we as professionals have anything to suggest to current and future Underdogs when it comes to bargaining with Big Dogs?
(11/28/16)Tony Belak, Pradeep Deshpande
Is intervention possible that will permit the US society to continue to rise or to keep the decline at bay longer?
Dealing with disputes effectively is indisputably a core skill for any manager.
When we ask people to come up with a budget, even when they are given a detailed outline with prompts, they give us blank stares. Likewise, when we get those worksheets back, in many cases they are far from reality.
Have you ever been particularly generous to a client, only to have the client not appreciate your generosity and even try to take advantage of you?
Since the election I’ve been hearing the same analysts that talked about the tone and style of the debates now talking a lot about listening and how so many people failed to listen carefully to others and understand their concerns.
Unless there’s a conflict crisis, the vast majority of conflicts fly under the radar; and the more senior managers are, the less they know!
This article discusses the film "Arrival," which attempts to make some larger points about language, arguing that the language we speak can actually affect the way we think.
When people with young children divorce, they create a schedule of parenting time for each parent with the children. What happens when life disrupts this schedule?
At one point or another in our lives, most of us have told “little white lies” if only to avoid hurting someone’s feelings. In telling that “little white lie”, we tell ourselves it is harmless and it will lead to nothing, and definitely, will NOT lead us to tell “bigger white lies”.
There was a prominent mediation case that hit the headlines in Germany in October and November this year.
(11/22/16)Robert A. Baruch Bush, Joseph P. Folger
For us and the colleagues we’ve worked with for many years, our first premise has always been that self-determination, or what we call empowerment, is the central and supreme value of mediation – a premise probably shared by many in the field.
There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."
(11/21/16)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.
How many times do clients come into your divorce mediation office when they aren't on the same page?
The key to cross cultural communication in mediation, is tuning into the dynamic of directional awareness.
(11/16/16)Christiane Rosenbaum, David Weiss
This is an editorial on real time updates on where we stand on significant policy initiatives affecting the cross border mediation process and what both the ADR and business community should be briefed on.
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.
Trust is a crucial factor in development of business; mediation can help in business development by re-sprouting the trust between the affected parties.
If your child has been diagnosed with ADHD you will no doubt understand how frustrating and discouraging it can be to cope with impulsive and defiant behaviour on a daily basis.
It is a safe assumption that the majority of mediators consider themselves collaborators who like helping parties to find solutions with regard to their disputes or conflicts.
The new Department of Education rules include significant provisions restricting school arbitration agreements.
The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.
Conflict can rob you of two precious mental faculties useful for sorting things out.
Given that universities are where the ‘best educated’ people go, it is disheartening that so many of them appear to see university as a passport to transgress.
The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.
This is the complete interview by Robert Benjamin with Juliana Birkhoff, national leader in the field of public policy mediation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
(11/04/16)Zeno Daniel Sustac
In Romania, there are over 4 million files waiting to be solved by courts – which implies a lot of stress, money and time.
As mediators, it is important that we present as professional and competent in our relational expertise with parties.
Two medical-testing firms have a $5.8 billion deal ready to go yet there are serious legal, risk and ethical issues in the way. The firms have agreed to mediation, which is an encouraging sign of progress in corporate business.
A person who has a mental illness shares some tips on things she would prefer hearing instead of "get well soon."
(11/04/16)Michael A. Zeytoonian
We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs.
For foreclosure mediation programs, the data can tell the story of how homeowners are affected by changes to the program.
Successful collaboration is predicted by the transformative theory of conflict.
It is daunting, however, our role to hazard predictions about the next thirty years of conflict theory.
A few recent observations prompt this blog about language and the world of words that we work with in mediation.
Emotions, not logic, control our decision making.
This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.
The Boogeyman is real. And he is sitting at the mediation table.
(10/31/16)Ute A. Joas Quinn
The International Mediation Institute (IMI) has just released its 2016 International Mediation and ADR Survey. The results, which were generated by 815 individuals representing 67 countries and varied stakeholders (users, advisors, mediators, educators, students, providers, governments), are seriously thought provoking.
Wow, what a divisive election! Some reasonably fear that this is the end of civility in American society. One reasonably wonders whether things have ever been worse. So, what do we do on November 9?
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The success of a mediation is not always told in the settlement agreement. While it’s great to "Get to Yes,” understanding the nuances of getting there so as to repeat the process is, for most, the undiscovered area. Here we will explore the roles and relationships between lawyer, client, and mediator.