Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."
We often talk about peacemaking while neglecting to address the ultimate goal of justice, restoration and forgiveness.
If you've ever been involved in a legal dispute you know that the path to a resolution can be long and costly and that the outcome is never a sure bet. There's got to be a better way.
(7/21/17)Todd Jarvis, Shelby Hockaday, Fatima Taha
This paper discusses the use of serious gaming as a method for water resource conflict-negotiation.
We transition from the family we were born into to the ones we create.
(7/21/17)F. Peter Phillips
An upcoming mediation conference looks like it will be very educational.
Once there was a very small person who had feelings.
Many conflicts at work and everywhere expand and linger because people believe there is only one right answer or one way to see or do things.
The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.
There are many threatening and frightening things that happen to individuals whose relationship ends up in separation or divorce. A successful divorce is one in which the parents divorce each other but do not require the child to divorce one of the parents.
Mediation.com has once again revealed itself in refusing to offer any refund to the widow and child of a mediator who died 7 days into an alleged 2 year listing contract.
Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.
(7/14/17)Gracious Timothy, Tanima Tandon
In our respective professional lives, each of us have had a fair experience of the approach that advocates have towards in-house counsels and vice-versa.
What does culturally competent compassion mean? Is it knowing when and to whom, male or female a hand should be offered?
One of the most conflict-ridden situations is that moment when our emotions take over our ability to respond thoughtfully, especially to a disagreement with a colleague.
This is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.
We may think we have progressed far beyond the barbaric practice of dueling, but based on the way dueling is described in this show, it appears to function in much the same way as as our more modern systems of dispute resolution today.
Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”
It’s better to be transparent and tell the person how the proposed solution could benefit everyone involved.
This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
When a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?
If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for “legal malpractice” occurring in a mediation context.
No one begins a dispute thinking they might be wrong.
Mark Twain once wrote that a person with a new idea “is a crank until the idea succeeds.”
On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.
The mediation field now has more information in our push to unlock the black box of mediation.
This article analyzes an important recent California case related to arbitration agreements and waivers.
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
Let us imagine a couple in agreement on pursuing the quickest possible Massachusetts divorce.
The practice of healthcare is demanding and stressful. Conflicts materialize in most human interactions and the medical field is no different. Actually, it might be expected. Yet there is a solution.
I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten.
Is it time for us to change the designation: Mediator to Accommodator?
(6/30/17)F. Peter Phillips, Stephen Goldberg
This is a review of Stephen Goldberg's book How Mediation Works: Theory, Research, and Practice.
The California Law Revision Commission has issued its draft recommendations for an amendment to the Evidence Code carving out a new exception to mediation confidentiality.
Discussion about the ethical implications of having a litigation funder support a party in arbitration or mediation.
Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.
(6/27/17)L. Randolph Lowry
This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.
Should HR professionals mediate internal workplace disputes?
If you've reached an impasse in a dispute with someone, why bother bringing in yet another person to complicate things?
Use this perspective to look at the other person in conflict.
Conflict resolution skills alone will only get you so far.
(6/23/17)Michael A. Zeytoonian
In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.
Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.
(6/23/17)Jim Melamed, Clare Fowler
Academic (college and university) Ombuds Offices have unique needs for managing personal and case information.
Native American wisdom focuses on healing wounds, and bringing peace through good feelings, not fear. While mediations are focused principally on legal issues, Native American wisdom teaches us to be mindful of a person's emotional damage as well.
(6/18/17)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.
Oslo by J.T. Rogers, awarded a Tony on June 11, 2017 for best Broadway play of the season, documents the backstory secret negotiations which led to the Israeli-P.L.O. Peace Accord of 1993. This negotiation highlights the power of humility, patience and persistence.
This article envisions what it would take, a century in the future, to create a society without any marital strife.
This article presents multiple role-plays and reframing techniques to help mediators further their training.
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When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.