Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.
Blame is frequently used, whether consciously or unconsciously, in an attempt to assign responsibility for something gone awry.
The nature of conflict has shifted from building understanding, connection and resolution between people to being in service, and pledging commitment to the grander evolutionary process, as nature “has its way” with humans experiencing conflict.
Rather than trying to micromanage and control when I got to use the weight machines or a bench, I wanted serenity and harmony instead of getting my way at others’ expense.
(1/20/17)F. Peter Phillips
As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.
New research is challenging the notion that thinking, problem solving, and decision making take place strictly in the head. And finally giving me some credibility when placing interactive toys in the middle of my mediation table.
Parties in conflict may face a choice among various modes of conflict resolution--litigation, arbitration, mediation, or some other formal or informal process.
(1/20/17)John Lande, Daniel Dilor, Raul Pereira de Souza Fleury
Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.
What is Negotiation? Actually, it is surprisingly difficult.
This is the complete interview by Robert Benjamin with Homer LaRue filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediators have Four Noble Truths, recited to each new set of parties we work with: “This process is Voluntary and Self-Determined; we are Neutral, and everything said here is Confidential.”
This article discusses options for reaching equitable solutions before divorce.
When recurring ethical crisis in the financial services industry arise, it’s essential to give voice to employees on the lower end of hierarchies in organizational institutions.
There’s a difference between being justified in your response and the response being a good choice.
If a person is in crisis, the odds are they feel like something important is missing- control.
(1/13/17)Jan Frankel Schau
We are living in interesting times here in America. It is the first time in my lifetime that I can recall a conscious effort to keep my politics and views on issues of ethics and morality to myself–rather than risk making enemies of those whom I trusted to be friends.
President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries.
(1/11/17)Marvin E. Johnson
This is the complete interview by Robert Benjamin with Marvin Johnson, a national leader in the field of dispute resolution generally and on issues of elevating diversity in the ADR field, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Millions of men and women of all ages, ethnic, and racial backgrounds all
across the U.S. hate going to work, gradually fall into despair and often
become gravely ill. Some flee from jobs they used to love, others endure
the situation unable to figure a way out.
While you may already be familiar with the process and its benefits there are a few important facts those considering mediation for a legal issue their business is facing should know.
Isn’t it reassuring knowing you have someone in your corner to advocate for you?
The mediator’s options in compromise situations depends on the parties’ receptivity to the process.
This article discusses a New Year's Resolution for bettering relationship and communication.
In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration.
(1/06/17)Jan Frankel Schau
Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.
This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them.
Even with the inspiration of others, it’s understandable that we sometimes think the world’s problems are so big that we can do little to help.
Problems that arise in running a family business sometimes manifest themselves as legal claims.
Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false.
As you enter 2017, reflect and commit to being intentional on the small gifts you can provide to strengthen, honor and acknowledge those important relationships in your life. Here are some ideas to consider.
(1/03/17)Dr. Lynne C. Halem
The question to be answered by all parents—separated or divorced parents, married or unmarried—is: How will the child’s college education be funded? In short, who will pay and how much?
As a business owner a lawsuit can be a stressful situation. Fortunately, you have options, even when a dispute appears headed for the courtroom. By working with an experienced mediator, you gain hope of steering a business disaster toward an agreeable — and even amicable — resolution.
Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation extend to more than just familial problems.
When you are speaking and someone is not paying attention, how do you feel? Annoyed, frustrated, discounted, rejected, anxious or angry? Such feelings usually make communication more difficult. So how can we show someone who is speaking that we really are paying attention to them?
Roger Fisher explains that when one party doesn't want to negotiate, talk to others around them to find out their motivations, interests, concerns, and worries.
This is the complete interview by Robert Benjamin with law professor Leonard Riskin filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
When most people think of high conflict people (HCPs), they think of bad behavior. The goal seems to be to get them to STOP their bad behavior, by verbally motivating them to have insights into how bad they are acting. However, the high conflict behavior of HCPs is not driven by logic and self-awareness.
What you have here is a brief synopsis of best practice strategies: a checklist of action items to think about before going into the conversation.
Troubled by the corrosive conflict stirred up by the election, I have written a series of posts about how we might move forward constructively, particularly on the personal (as distinct from the political) level.
(12/23/16)Daniel Dilor, Maria Medina
Conflictos de Importacion. Cuando los Conflictos Gestados Fueran del Ambito Escolar Detonan en la Escuela.
This article discusses why revenge doesn’t solve workplace resentments.
This article examines why scouts and guides have better mental health in later life.
Different interactions can cause you to become interested in transactions that you previously were not interested in.
Marites Flor was held hostage in the Philippines alongside Canadians John Ridsdel and Robert Hall. She survived. They didn't. This is her story.
It is possible to survive a business break-up without conflict destroying you.
Does mediation do any good? Does it make the world a better place?
People should first try to understand others, especially those with whom we disagree – perhaps disagreeing quite strongly.
(12/18/16)Dr. Lynne C. Halem
With some creativity, and openness to future adjustment, separated and divorced couples can preserve key ingredients of the holiday season by pre-planning the children’s shared visits ahead of time.
(12/18/16)Armand and Robbin DAlo
Conflict is a part of life, and so exposure to it can be an important lesson in emotional literacy for kids if it is handled properly.
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