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How Mediate.com Benefits Mediators (11/05/09)
James Melamed
Mediate.com is in its 15th year and now averages over 13,500 daily visitors. In this article, Mediate.com's CEO summarizes how Mediate.com benefits mediators.


Mediators Calling For Climate Change Mediation Provision (11/03/09)
Kenneth Cloke
Mediators Beyond Borders (MBB) is calling on all delegates to include a mediation provision in the climate change treaty. Currently, the Kyoto Protocol includes negotiation, conciliation, arbitration, and judicial options, but not mediation.   1 Comment


The Three Major Characteristics Of The Judeo-Christian Model Of Peacemaking (11/02/09)
Kenneth C. Newberger
Dr. Ken Newberger has recently published a book entitled, “Hope in the Face of Conflict.” Born out of a Western worldview, he presents what he has identified as the 12 stages of the “Judeo-Christian Model of Peacemaking.” The following is an excerpt from his book. This chapter highlights the three major characteristics of the model.


Your Conflict Set To Music (11/02/09)
Roberta Morris
Consider how orchestrated music makes people relax. Dentists pipe it into their waiting rooms to calm frayed nerves, and mediators might do the same, but music can do much more throughout a mediation.


Moving The Goalposts - How To Craft A Mediator's Proposal (11/02/09)
Alec Wisner
In mediations involving commercial, business, contractual, employment, construction and insurance issues, the bottom line is most often dollars and cents. This is referred to as "distributive mediation," meaning that the size of the pie is predetermined, and the issue is limited to determining what size each claimant's slice will be. In my practice, I've developed a systemic method (sort of) through which I can narrow down my focus as much as possible in order to be able to insert my own proposal in a final effort to close the gap and obtain settlement.   2 Comments


Mediate.com Featured Blogs For November 2009 (11/02/09)
John Ford
Here are the best of Mediate.com's Featured Blogs for November 2009.


Old Friends, the Internet and Mediation (10/27/09)
James Melamed
A short trip to the SF Bay Area this past weekend provided me with an enhanced understanding of how integrated electronic communication has become with the coordination of complex face-to-face events, be that a soccer game, hospital visitation or, perhaps, a difficult mediation.   3 Comments


God Is My Copilot! (10/26/09)
Edward P. Ahrens
Remember that old WWII cinematic appeal to patriotism? Made a lot of us—at least those of us old enough to have been around—run out and buy a War Bond. I never expected the theme to reappear in the context of a mediation—but, then, lots of things happen at mediations we don’t expect.   3 Comments


Elder Mediation Matters: Probate, Guardianship and Family Care-giving (10/26/09)
Susan Curcio M.A.
Conflict associated with estate matters, adult guardianship and family care-giving can tear families apart. Present decisions regarding an aging family member can be influenced by past history. More families will be faced with difficult choices as the population ages in growing numbers. Elder Mediation offers the opportunity to avoid going through the court system which can be costly, time-consuming and divisive. A skilled Elder Mediator can help participants focus on the future and arrive at creative solutions.   2 Comments


Seldom Does One Size Fit All (10/26/09)
Chandana Jayalath
Inter-alia the courts’ primary role is to make, interpret and define law and safeguard the public interests and social values. In contrast, ADR has come into more widespread use believing such formal processes have failed to afford real justice which would mean that parties deserve something more that what courts traditionally offer. It should not however be misled because ADR is not a panacea, anathema or a substitute to courts.


Mediators And Industry Knowledge, Game Theory And Understanding Conflict (10/26/09)
Victoria Pynchon
Check out the range of opinions among litigators' clients on this still-hot topic in mediation circles over at the Business Conflict Blog (quickly becoming one of the most indispensable commercial mediation blogs on the web): Should Mediators Be Expert in the Field of the Dispute?


Making Settlements Last (10/19/09)
Alec Wisner
A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the overall result to be profitable.


Conflict Management Coaching at the Transportation Security Administration (10/19/09)
Cinnie Noble, Scott Becker, Sam Slosberg
In 2003, the Transportation Security Administration, (TSA), an agency of the U.S. Department of Homeland Security, initiated the development of an Integrated Conflict Management System (ICMS), as part of an innovative Model Workplace Program. A Conflict Management Coaching Program (CMCP) emerged early on as one of the many unique service delivery components of this ICMS. This article discusses how this innovative program was designed and addresses how the CMCP has emerged as an integral component of TSA’s ICMS.


You Know You're Taking It Personally When.... (10/19/09)
Bill Eddy
When you are involved with a high conflict person (HCP) whether personally or professionally, you have experienced how easy it is to get "hooked" into the conflict and how difficult it is to not take it personally. You can recognize the signs of taking it personally and learn how to manage your own emotions and work on solving the problem.   1 Comment


Divorce Mediation: Is Separate Always Better? (10/12/09)
Kregg Nance, Benjamin Papa
It is our experience that the vast majority of divorce mediators in Middle Tennessee conduct all divorce mediations with the parties in separate rooms from beginning to end. This seems to be true regardless of whether the parties have children together, their ability to communicate effectively, or the general level of conflict they are experiencing. This article challenges the premise that “separate is always better” and asks whether automatically separating the parties in divorce mediation serves the parties well, especially long-term.   3 Comments


Let’s Be Clear, Mediation Is NOT Arbitration (10/12/09)
Alan Sharland
Sadly I see commentaries about mediation which do not seem to show consistency in the thinking that underlies it, nor a rigour in the practise that follows. Mediation is often described as a process which is more akin to what I understand to be arbitration, something which, in my view is fundamentally different from mediation.   1 Comment


New Approaches To Divorce Settlements In Times Of Recession (10/12/09)
Richard Sharp
Survey results published by The Institute for Divorce Financial Analysts in June 2009, indicate that the way in which divorce proceedings are being handled are changing, due in part to the current economic climate.


Mediate.com Featured Blogs for October 2009 (10/11/09)
John Ford
Here are the best of Mediate.com's Featured Blogs for October 2009.


Congregational Conflict Resolution: The Pastor’s Role (10/06/09)
Lester L. Adams
I am speaking to you, who are leaders of congregations. In my years of experience as an Elder, I have learned that addressing conflict is one of the most difficult things you are called to do. Because there is very little preparation or effective training in Bible college or seminaries, most leaders are ill-equipped to deal with the strife that arises in their congregation. In this article, I want to share with you a few things that I think will help you be better prepared for this task.   2 Comments


The Art and Science of Summarization in Mediation (10/06/09)
Diane Cohen
There is often nothing more important to a successful mediation than insightful summarization of the parties’ perspectives.   2 Comments


Avoiding the Next Generation of Climate Change Conflicts (10/04/09)
John K, Gamman, Scott McCreary
America's move toward an environmental friendly future and green economy is being challenged by an unexpected source: a decision making process that too often pits the concerns of local communities and conservationists against renewable energy developers. Industrial-sized solar and wind projects needed to reach carbon reduction goals and new transmission line corridors to be part of the Smart Grid are being opposed by many communities, resulting in political stalemate. The traditional command and control regulatory process is unable to deal with this complexity. This article puts forward a strategy for resolving political conflicts related to solar, wind energy and transmission line projects.


The Philosophy Of Mediation In Heraclitus And Protagoras (9/28/09)
Luis Miguel Diaz
The thoughts of two famous Pre-Socratic philosophers may offer insight into the philosophical foundation of mediation: “You cannot step twice into the same river,” attributed to Heraclitus, and “Of all things the measure is man,” attributed to Protagoras.   1 Comment


Timing Is Everything (9/28/09)
Oran Kaufman
Timing plays an important role in all aspects of mediation. What time of day is the mediation occurring? Are there things to be watchful for if the mediation is occurring in a particular month? What if one party wants to move fast and the other wants to slow down the mediation? This article explores these issues and will increase your awareness about the importance of timing in mediation.


Confronting Psychological Challenges: An Interview With Daniel Shapiro (9/28/09)
Gini Nelson
This is an interview by Gini Nelson of Daniel Shapiro. Daniel is Associate Director of the Harvard Negotiation Project, and is on the faculty at Harvard Law School and in the psychiatry department at Harvard Medical School/McLean Hospital. He specializes in the psychology of negotiation. He co-authored with Roger Fisher the book Beyond Reason: Using Emotions as You Negotiate (Viking, 2005). Daniel founded and directs the International Negotiation Initiative, a Harvard-based project that develops psychologically focused strategies to reduce ethnopolitical violence.


Mediate.com Featured Blog for September 28, 2009 (9/28/09)
John Ford
This is the best of Mediate.com's Featured Blogs for the week of September 28, 2009.


Book Review Of Collaborative Divorce Handbook: Helping Families Without Going To Court (9/25/09)
Nan Burnett
Forrest S. “Woody” Mosten has been a visionary trailblazer for over 30 years. The first time I heard Woody speak was in Denver in the late 1990’s. The topic was Unbundling Legal Services. I remember thinking, boy is he courageous! I contemplated the resistance he would surely face from the rest of legal community. When you get to know Woody, you quickly discover that he is a champion of the ones who have no voice, the client drowning in conflict; a change agent on a very large scale.


Update on Home Foreclosure Mediation Efforts (9/22/09)
Keith Seat
Nearly a dozen states have now adopted mortgage foreclosure mediation programs to try to keep people in their own homes. Here is an update.


How to Get the Most Out of Mediate.com for Free! (9/22/09)
James Melamed
Mediate.com offers a remarkable set of resources and opportunities. Here is how you can get the most out of Mediate.com without paying a dime.


ADR = Arbitration Done Right? (9/21/09)
Jerry Roscoe
Despite the fact that an increasing number of matters are negotiated through mediation, arbitration remains the process of choice for many commercial and contract disputes, particularly in health care disputes. Given the popularity of arbitration, one is reasonably safe in placing litigators into one of two categories: those who have arbitrated and those who will. Either category of advocate (or their client) might benefit from a quick review of ADR or, in this case, Arbitration Done Right.


The Application Of Motivational Interviewing In A Mediation Caucus (9/21/09)
Merriam Saunders
When parties agree to mediate, there must inherently exist a certain ambivalence between the positions they hold and their desire to reach a compromise. Mediators should be able to apply the technique of motivational interviewing, especially in a mediation caucus, to assist disputants in resolving that ambivalence toward making the necessary compromise. This paper will compare the similarities between mediation and motivational interviewing objectives, and highlight the application of motivational interviewing in the mediation process.   2 Comments


Mediate.com Featured Blog for September 21, 2009 (9/21/09)
John Ford
This is the best of Mediate.com's Featured Blogs for the week of September 21, 2009.


On Guilt, Reconciliation And Forgiveness - A Case Story About Mediation, Dilemmas And Interventions In A Conflict Among Colleagues (9/14/09)
Søren Braskov, Asger Neumann
One of the most important conclusions of the article is that the methods of meditation very often prove to be effective when solving conflicts but at the same time, however, the methods don’t guarantee a constructive process or effective solutions on their own. The circumstances and the situation of the mediation may carry contrasts and paradoxes which simply make the mediation impossible and another authority may be necessary to reach a final decision or solution.


Securing The Court’s Continued Jurisdiction Over Settlements With Future Payments (9/14/09)
Elizabeth Moreno
The payment of settlements in monthly installments over two or more years is common in this economic downturn. A mediator works hard on getting the parties to agree upon the dollar amount to settle the case, but defendant’s attorney comes up with a new condition. Payments have to be made over the next two years, because defendant does not have the ready cash to pay plaintiff within 30 days.


Lawyers & Mediators: Mediation Isn’t Mediation (9/14/09)
Jeff Bean
Lawyers and mediators often mean different things when they say “mediation,” and they often don’t understand they mean different things. They have a common interest in understanding the difference: to serve a new client that demands both a consensus-oriented dispute resolution process and legal advice and representation.   5 Comments


Professional Mediator: A Distinction that Makes a Difference (9/07/09)
Jeff Kichaven
In April 2006, a remarkable thing happened at the Spring Conference of the American Bar Association's Section of Dispute Resolution in Atlanta. A distinguished lawyer unwittingly proved that the mediation profession has a spectacular future.   5 Comments


Effective Interpersonal Communication (9/07/09)
Alan Sharland
The author sets out principles for establishing effective interpersonal communication in relationships and organizations.


Mediation Would Fail In Shylock’s Approach: The Exception Of Construction Revisited (9/07/09)
Chandana Jayalath
Although the idea behind mediation is to facilitate the parties to resolve the dispute on their own terms, the tendency will be to fail mediation in construction unless the mediator actively intervenes in changing the dynamic of the conflict by contractual, financial and technical evaluations. The author contends that the key elements of mediation, such as neutrality and impartiality, can still be secured in construction mediation as long as the mediator does not step over the line into judgment.   1 Comment


Mediate.com Featured Blog for September 7, 2009 (9/07/09)
John Ford
This is the best of Mediate.com's Featured Blogs for the week of September 7, 2009.


Robert Benjamin Wins Haynes Distinguished Mediator Award (9/04/09)
ACR
Veteran mediator Robert Benjamin has won the Association for Conflict Resolution's John Haynes Distinguished Mediator Award. Benjamin will be honored for his extensive contributions to the field of conflict resolution and his creative approaches to effective mediation.


Janet Rifkin Wins Follett Award (9/03/09)
ACR
Janet Rifkin, Professor of Legal Studies at the University of Massachusetts at Amherst, will be honored at the upcoming ACR Conference with the Mary Parker Follett Award for pioneering work in mediation and dispute resolution.


Ambassador John McDonald Wins Peace Award (9/03/09)
ACR
Ambassador John McDonald has won the ACR Peacemaker Award for his international peace advocacy and lifelong commitment to fostering conflict resolution.


Johnsons Win Diversity And Equity Award (9/03/09)
ACR
The Rev. Nelson Johnson and Joyce Johnson have won the Marvin E. Johnson Diversity and Equity Award from the Association for Conflict Resolution for their commitment to restorative justice, truth and reconciliation efforts in Mississippi.


Emotional Intelligence In Mediation (8/30/09)
Trip Barthel
Conflict is more a state of emotional imbalance between parties than it is a resource-centered enigma. A conflict hasn’t begun until there is an emotional response, before that it is merely problem solving.   1 Comment


On Finding Uncommon Ground (8/30/09)
Michael Jacobs
There’s a prevailing belief that mediation is about ‘finding common ground’ Mediators often exert subtle pressure in trying to squeeze positions closer together in an effort to demonstrate overlapping territory. This article argues that such pressure towards commonality may in fact be counterproductive.   6 Comments


Neutrality Is Desirable And Attainable (8/30/09)
Diane Cohen
It is a fundamental principle that a mediator should be unbiased as between the parties. It is also generally accepted that a mediator should avoid acting upon his or her opinions. It is not universally accepted, however, that it is possible for the mediator to avoid forming opinions, or at least having them solidify, regarding the parties’ situation in the first place.


Video Interviews with Leading Mediators (8/25/09)
Robert Benjamin
The Mediate.com Video Center now includes nearly 100 hour-long interviews with leading mediators. You can watch full interviews or search the interviews by topic or text. Go and take a look! You will be impressed.


Mediate.com Blogs - August 24, 2009 (8/24/09)
John Ford
This is the best of Mediate.com Featured Blogs for the week of August 24, 2009.


The NYPD & The Three C’s: Communication, Community & Cricket (8/23/09)
Jeff Thompson
Often when I speak about conflict and dispute resolution I mention three words that I consider to be my mantra in regards to Alternative Dispute Resolution (ADR). Communication, Understanding and Peace are what I strive to create in all my interactions, be it as a mediator, conflict coach, consultant, or as a police officer in the New York City Police Department.


Mediate or Arbitrate Instead of Litigate (8/23/09)
Kathleen Johnson
The title pretty much says what the article is about. It gives specific about why you would want to mediate or arbitrate rather than Litigate. It also gives specifics about mediation and arbitration and the various hybrids and types of both.


Effective Strategies For Growing Your Collaborative Law And Mediation Practice (8/17/09)
Elizabeth Ferris
Are we starting to see a turnaround in the economy? Recent reports are showing increased optimism about the economy than they were even three months ago. What does this mean for lawyers and professionals who want to grow their Mediation and Collaborative practice? This is the time to execute strategies for proactively growing your practice. The outreach and planning you do today will positively or negatively impact the growth of your practice in the next 3-6 months.   2 Comments


An Untypical Mediation (8/16/09)
Edward P. Ahrens
After well over three hundred mediations, it becomes difficult for me, as it is for other mediators, to recall with any detail a particular mediation.


The Efficacy Of Agents In Mediation (8/16/09)
Jason A. Waxman
This paper poses the following question: how do both the mediation process and the outcomes thereof differ with the involvement of an agent, namely a lawyer, compared with a process that involves the parties acting directly in a self-determinative fashion? In other words, do agents improve or detract from mediation?   1 Comment


What is Marital Mediation or Mediation To Stay Married? (8/13/09)
Angela Ioana Green
Mediation to Stay Married (also known as Marital Mediation) is a mediation process for couples who are experiencing marital problems or difficulties and who would prefer to stay together, work through their issues in a constructive way, who are willing to learn to resolve conflict and who wish to avoid divorce.   1 Comment


Plan in Pencil! (8/10/09)
David D. Stein
One pithy, and very valuable, lesson Eisenhower passed on to those of us who need to plan and carry out those plans, on any level, is his famous quote that I call up in almost ever one of my mediations. “Plans are nothing, planning is everything”. There is great wisdom in that simple phrase.


Mediating How People Get Along (8/10/09)
Diane Cohen
Mediating how people get along is important in many different areas of mediation. In some case, the entire set of issues between the parties may be matters of tone, subtle behaviors, etiquette, style and world view. Helping parties deal with these sorts of issues effectively can be the key to many mediation cases, and can add value to the resolutions achieved in a mediation case.


Mediate.com Blogs - August 10, 2009 (8/10/09)
John Ford
This is the best of Mediate.com Featured Blogs for the week of August 10, 2009.


A Creative Thinker: An Interview with Jack W. Cooley (8/04/09)
Gini Nelson
We are here republishing this interview by Gini Nelson with Jack Cooley. Jack recently passed away. Among many accomplishments, Jack is a former United States Attorney, Senior Staff Attorney for the United States Court of Appeals for the Seventh Circuit, and a partner in a Chicago law firm. His most recent article at Mediate.com is “The Joke Model Of Creative Thinking.” The article got five stars from Robert Benjamin, who declared about it, “The creativity and quality of thought are obvious.”


How President Obama Gets To Yes (8/03/09)
John Sturrock
President Barack Obama's willingness to acknowledge that he had chosen his words badly in his response to the incident involving Harvard professor Henry Gates and a Massachusetts police sergeant – and his suggestion that all three of them meet up at the White House for a "beer summit" – marks him out yet again as a man who is able to act in a way which is different to that which we often expect of politicians.


112 Ways to Succeed in Any Negotiation or Mediation (Book Review) (8/03/09)
Jeff Thompson
Steve Mehta, already an accomplished mediator and ADR (Alternative Dispute Resolution) blogger, has decided to take on the title of author for his latest project. 112 Ways to Succeed in Any Negotiation or Mediation is the title of his debut as an author and to those who know him, it comes as no surprise that Mehta has provided us with a valuable resource.   1 Comment


Mediate.com Blogs - August 3, 2009 (8/03/09)
John Ford
This is the best of Mediate.com Featured Blogs for the week of August 3, 2009.


Mediate.com Blog for July 27, 2009 (7/27/09)
John Ford
This is the Mediate.com Blog for July 27, 2009.


When Is the Right Time To Mediate? (7/27/09)
Jeff Kichaven
For many years, I, like many other mediators, answered the question of when to mediate something like this: "It's always the right time to mediate. The cost is modest compared to the overall legal fees, so if there's even the slightest chance of settlement, mediation is a good bet. Plus, even if you don't settle, you learn a lot along the way."   1 Comment


Elder Mediation (7/27/09)
Georgia Daniels
This article introduces Elder Mediation to potential consumers and referral sources. It uses an example of a typical conflict to show how the outcome could be different with mediation, and walks the reader through the usual stages of an elder mediation, using a facilitative model.   3 Comments


Jack Cooley - A Paradox of Quiet Brilliance (7/26/09)
Robert Benjamin
John W. "Jack" Cooley, died of cancer at the age of 65, on July 21, 2009, in Chicago, Illinois. He was a highly regarded mediator and arbitrator as well as an inspired teacher, theorist and writer in the field. For me, the highlight of many conferences and meetings over the past years was a quiet dinner or drink with Jack Cooley, often before heading out to listen to jazz. With his passing, we can't allow his brilliance to slip away.   5 Comments


Procedimiento conciliatorio en Colombia, Parte 2 (7/26/09)
Harbey Peña Sandoval
El presente es el segundo de cinco documentos que tienen como objetivo describir las etapas que integran el procedimiento conciliatorio en Colombia.


Professionalization Of Conflict Resolvers (7/20/09)
Deborah Sword
Those of us speaking out against creating certification for conflict resolvers don't seem to have a lot of allies. The weight of popular opinion is that it should (must) be done. I appreciate an opportunity to present a cautionary point of view.   17 Comments


Building Positive Emotions In Mediation (7/20/09)
Fredrike P. Bannink
Little attention has so far been paid to theories of positive emotions in psychology and mediation. This may well reflect the spirit of the age in which most disciplines have focused on problems and it may also reflect the nature of emotions themselves. The literature in psychology for the last 30 years has 46.000 papers about depression and only 400 papers about joy (Meyers, 2000).   2 Comments


Gender Justice In Ghana Through Court-Connected ADR (7/20/09)
Senyo M. Adjabeng
Women and children have mostly been the most vulnerable when any form of trouble befalls a group of people. In ensuring that the vulnerable especially women and children obtain speedy and effective justice, Court-Connected (Court Annexed) ADR may be considered as an explorable opportunity and alternative for reaching a mutually acceptable resolution in some cases of abuse or potential abuse.


A Peaceful Argentinean Leader Died – Raul Alfonsin (7/13/09)
Rene Llapur
Argentina mourns a political leader called Raul Alfonsin in these days. More than one hundred thousand people gave they farewell to their former politician guide in the Buenos Aires streets. This unusual reaction was atypical for the last 35 years, when Juan Domingo Peron, a former and charismatic president had died.   1 Comment


Co-Parenting After A Divorce—Tips From A Mediator (7/13/09)
Brian James
Co-parenting starts the day the decision is made to divorce has been made. Even the most amicable divorces need a plan for future co-parenting. Putting your children's best interests first, no matter how much you may dislike their other parent, is the key to co-parenting.   1 Comment


Challenging Conflict, Mediation Through Understanding (Book Review) (7/13/09)
Adam Berner
Even for the most avid of readers, there is just so much written out there that it is overwhelming to zero in on must-read books. This is especially true as our field expands. So, in case the accolades from leaders in our mediation field do not suffice, including Professors Carrie Menkel-Meadow, Bernie Mayer and Robert Mnookin, let me say that Challenging Conflict, Mediation Through Understanding, published in cooperation with the Harvard Program on Negotiation, is a must-read for any mediator serious about deepening his or her mediation skills and seeking greater opportunities to help parties in conflict.   1 Comment


Mediate.com Blog for July 13, 2009 (7/13/09)
John Ford
This is the Mediate.com Blog for July 13, 2009.


Procedimiento conciliatorio en Colombia (7/12/09)
Harbey Peña Sandoval
El presente es el primero de cinco documentos que tienen como objetivo describir las etapas que integran el procedimiento conciliatorio en Colombia. En esta parte, se analizará la solicitud de conciliación desde un punto de vista jurídico.


Governor Sanford – Give Marital Mediation a Try! (7/07/09)
Laurie Israel
Like many mediators, I am pained to read accounts of celebrity brethren who struggle with their marriages. The media is insistent. The lights are glaring. Celebrities experience their marital problems under a microscope of public view. Yet, the problems they face are the same as many clients. The big issues are infidelity, money, perceptions of lack of contribution, boredom, lack of respect, spending no time together, and issues raised by children and in-law families. Divorce is not the inevitable end. Governor Sanford, I encourage you and your wife to give Marital Mediation a try!


Mediate.com Blog for July 6, 2009 (7/06/09)
John Ford
This is the Mediate.com Blog for July 6, 2009.


Humor About Mediators, Mediation And Mediated (7/06/09)
Luis Miguel Diaz
A mediator ridiculing mediation is healthy exercise. With humor any conflict is source of entertainment; clowns are funny because they deal with conflict.   3 Comments


Mediation Disguised In The Dispute Process For Public Works In Qatar (7/06/09)
Chandana Jayalath
Parties prefer a mechanism that does not call the employer as their ‘disputant’ may be because the employer is everybody’s paymaster or the potential source of future jobs. Parties also appreciate speedy, flexible and fair outcomes, rather than too formal procedures that are time and money consuming. Consequently, parties have realized the importance of solving their conflicts of opinion, both commercial and contractual, at the ‘employer’s level internally. This is where in-house settlement comes into play in the context of public works in Qatar.


Race, Gender, and Class: How Much Of A Role Do They Play In Mediation? (6/29/09)
Elizabeth Moreno
Recent studies have come to life as to the role race, gender and class of the mediator plays in mediation. Does race play any discernible role in mediation compared to gender or socioeconomic class?   7 Comments


Mediation In Healthcare (6/29/09)
Holly Hayes Bovio
A new leadership standard issued in January 2009 by The Joint Commission, the accrediting body for hospitals, addresses the development of a code of conduct that defines acceptable, disruptive, and inappropriate behaviors; and requires the creation and implementation of a process for managing disruptive and inappropriate behaviors.   1 Comment


Mediation And Social Norms: A Response To Dame Hazel Genn (6/29/09)
Charlie Irvine
The article is a response to Dame Hazel Genn’s 2008 Hamlyn Lecture, in which she characterized mediators as having ‘no interest in justice and fairness.’ The article argues that mediators’ own rhetoric has allowed this caricature to develop and suggests that, in practice, mediators are no longer indifferent to norms like justice and fairness, if they ever were. Drawing on the work of Ellen Waldman and Julie MacFarlane this article examines the role of social norms and ethical codes in mediation practice, and calls on mediators to examine their values.   1 Comment


The Mediation Industry, Qualifications & the Mediate.com Certification Program (6/27/09)
James Melamed
It is challenging to have any short discussion on mediation qualifications, the mediation industry and new Mediate.com Certification Program, but I will try.   1 Comment


The ‘Texas Shoot Out’ And Other Ways To Get Out Of Deals! (6/22/09)
Manie Spoelstra
Most partnerships, joint ventures, marriages and many contracts and alliances start off with big plans, grand expectations, speeches and champagne! Statistics indicate that the majority will, somewhere in the future, due to many personal and financial reasons, reach a point of such conflict or deadlock that parties want to ‘get out’!


Mediation And The Right To Privacy: Confidentiality, The USA PATRIOT Act, And Us (6/22/09)
Susan Oberman
This article addresses the offer of confidentiality in mediation which ultimately references the constitutional and common law right of privacy, and makes confidentiality in mediation one of the rare instances in which citizens can exercise this right. However, rules of evidence can override confidentiality, in reality it cannot be guaranteed. The USA PATRIOT Act Section 215 places promises of confidentiality in even greater jeopardy. The legal boundaries around what can be kept confidential make what mediators say about it a key example of how mediation is not an alternative to, but an option within, the legal system. As a critical aspect of supporting party self-determination, mediators need to fully understand and explain confidentiality.


A Recent Finding on Oxytocin (6/22/09)
Kenneth Cloke
In a recent experiment, Swiss Neuroscientists Beate Ditzen, Marcel Schaer, Barbara Gabriel, Guy Bodenmann, Ulrike Ehlert, and Markus Heinrichs found for the first time a direct connection between oxytocin and couple bonding in human subjects. The following summary is drawn from their research report.   3 Comments


Mediate.com Blog for June 22, 2009 (6/22/09)
John Ford
This is the Mediate.com Blog for June 22, 2009.


A View of Mediation in the Future (6/21/09)
James Melamed
One topic that is not talked about much is: mediation in the future. Perhaps we assume that the future of mediation is self-defining or that "others" will make good choices. Will courts and agencies be the primary delivery system for mediation? It did not start that way. What about community programs? And what about technology? Mediation may be soon coming to a pocket or purse near you.   4 Comments


Mediation And Equal Justice For The Poor (6/15/09)
William S. Harralson
Throughout the history of America, justice and injustice have co-existed in a fierce struggle to determine which contender would emerge in victory. Money and the lack of money remain decisive factors in determining the extent to which an individual will have access to our civil court system. Alternative means of resolving disputes, most notably mediation, have gradually positioned themselves as attractive options especially for those who live in a condition of poverty. This brief essay will explore the extent to which mediation serves to advance or impede the goal of achieving equal justice for every American.


Ombudsman ADR: The 6 C’s Of Sociocratic Peace Building (6/15/09)
Clayton Gilman
The 6 C's; communication, complaint, cooperation, consensus, consent and coordination act as mental milestones for facilitators and mediators in group oriented conflict management scenarios. Increasingly the Sociocratic process of self governance is gaining popularity in all sizes and types of groups in North America and is becoming the preferred structure for processing issues, disputes and complaints. The 6 C's support this process between small to very large groups.


A Nuanced Comparison Of Transformative, Insight And Narrative Mediation (6/15/09)
Jason A. Waxman
Within the broad framework of mediation, there exists an expansive spectrum of styles. A particular approach or style of mediation may, therefore, be more appropriate depending on the circumstances. There are also, however, numerous similarities among the range of methodologies. The purpose of this paper is to compare and contrast the specific approaches of transformative, insight and narrative mediation. Although these three methods differ in their approaches and applications, they are fundamental to the discipline of mediation as a whole, and contribute to both the improvement of communication and relationships, as well as to the possibility of mutually beneficial settlements.   3 Comments


Mediate.com Blog for June 15, 2009 (6/15/09)
John Ford
This is the Mediate.com Blog for June 15, 2009.


Get Busy, Get Paid! How to develop a financially successful mediation practice: a review (6/11/09)
Tammy Lenski
I had a chance to view this video last week and recommend it for a whole host of reasons. It covers important topics like target markets, market niches and market differentiation in a straightforward, thoughtful way. It challenges you to put the work into understanding what you have to offer. And Lowry sets the stage well for successful practice-building with his practice development pyramid.


Confidentiality in Collaborative Cases After Thottam (6/08/09)
Elizabeth Bader
The recent case of Estate of Thottam (2008) 165 Cal.App.4th 1331, 81 Cal.Rptr. 856, has many mediators and collaborative practitioners worried about confidentiality in California. In Thottam, the Court of Appeal found that a mediator’s confidentiality agreement could reasonably be interpreted as a waiver of confidentiality and opened up a complex probate case to potentially expensive litigation.


Mediate.com Blog for June 8, 2009 (6/08/09)
John Ford
This is the Mediate.com Blog for June 8, 2009.


Making Peace and Making Money: Economic Analysis of the Market for Mediators in Private Practice (6/03/09)
Urška Velikonja
There has been virtually no empirical or theoretical research about the markets for mediation services and for providers of those services: how many there are, who they are, and what they have in common. This article is an attempt to fill the void.   2 Comments


Mediate, Don’t Litigate, Your Construction Contract Complaints (6/01/09)
Chris Kane
Many lawyers are familiar with Abraham Lincoln’s “Notes on the Practice of Law” written in 1850. As a mediator and strong proponent of collaborative methods of resolving disputes, this is my favorite section of his observations on practicing law.   2 Comments


Book Review: Staying With Conflict: A Strategic Approach To Ongoing Disputes (6/01/09)
Jan Frankel Schau
In his newest book, Staying with Conflict, Bernie Mayer urges “conflict professionals” to think of ourselves as specialists who are retained as allies in assisting disputants to develop a constructive approach to engaging in enduring conflict, which he contends is both healthy and omnipresent. A word of caution to colleagues who are engaged exclusively in mediating the litigated case: the book, if taken to heart, may call into question your/our own self-limiting roles.


When Divorce Means Re-Entering The Job Market (6/01/09)
Laurie Israel
In working with divorcing couples, reemployment of an “at-home” spouse is a recurring theme. This is usually (but not always) the wife, who needs to enter the job market after the divorce. An analysis of the finances of a divorce case generally leads to the stark truth that the family unit (now divided into two households) cannot live on the earned income that was being brought into the household prior to the divorce.


La Mediación en España, Edición 2009 (5/28/09)
Franco Conforti
El desarrollo de la mediación en España es de reciente data, su historia es breve si la comparamos con países como EEUU, Canadá o Gran Bretaña. El origen de la mediación se sitúa en EEUU en los años 70 en que justamente la proliferación de las separaciones matrimoniales hizo de La Mediación el método más exitoso.


Advancing the Plot: Narrative Therapy and Artful Mediation (5/25/09)
Roberta Morris
Particularly in family mediations a narrative therapist working in tandem with the mediator can be immensely useful in ‘advancing the plot’ toward resolution. Indeed, narrative mediation has its roots in narrative therapy. The parties in a mediation, just like writers, are engaged in developing a common story, developing their characters and advancing the plot to achieve resolution.


Conflict Coaching: When Mediation Isn’t A Possibility (5/25/09)
Barb North
Ideally, mediators would like to sit down with all parties in a dispute and do what we are trained to do. But what happens when despite the mediators best efforts to convene a case, only one party is interested in coming to the table? There is still hope for a peaceful process through Conflict Coaching.   3 Comments




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