Conflict can touch anyone, at any time of life. In this article, I talk about end-of-life conflict, specifically those disputes related to hospice. I explore who is involved, why disputes arise, and reasons they are hard to resolve. I also speak about the importance of having a mediator as part of the hospice team.
Mediation, which is intended to be a neutral performance by a mediator, is slowly sliding into a performance by a mediator that is anything but neutral. Current mediation processes defined by lawyers are more courtroom than collaborative.
To date, most discussion of social responsibility focuses on what is called Corporate Social Responsibility (CSR). That is, what do corporations need to do to meet their social responsibilities?
Nobody likes to be told they are biased – usually. Most of us would like to think that we are fair and open-minded, willing to explore the unknown – to a degree, accepting of other people’s differences. At least that’s what I used to think.
(9/23/16)Jan Frankel Schau
It seems to me that if the mediator can symbolically suggest that within 30 days, the individual would have $XXXXX in their bank account to do with whatever they wish, including merely keeping it in there as a “safety” precaution if times get rough, we might go a long way towards boosting their happiness quotient.
The mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies.
(9/20/16)David A. Hoffman
This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediation is the buzz word of conflict resolution. Reading around mediation would make it appear that if you have a conflict, a mediator, like a magician, can wave it away without a frown crossing anyone’s face.
(9/16/16)Elly van Laar
You owe it to yourself to move to a place of compassion and empathy.
It seems that there are a lot of stories about questionable apologies in the news lately. I don’t intend to discuss all of them, but here are a few more thoughts about some of them.
The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory Coast opponent in the last second of the bout, giving the latter his country’s first ever Olympic gold medal.
(9/16/16)F. Peter Phillips
A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.
During conflict, focusing mostly on anger’s behavior instead of on anger’s real message is like burying the lede in a news story.
Researchers discovered that when the LSU Tigers unexpectedly lose a football game, the juvenile judges take their anger/frustration at the loss out on the juveniles before them by imposing longer sentences.
Our game face, or our poker face, is the face we put on for the outside world that masks what is happening for us internally.
Con el ingreso en la era de las políticas socioeducativas, el sistema educativo y, por ende, la escuela, entró en un proceso de profunda transformación. Ya la Educación no es responsabilidad sólo de la Escuela, se convierte, en ese evento, patrimonio de la Sociedad.
This is the complete interview by Robert Benjamin with Jay Folberg filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
As mediators, we seem to be drawn to the word
"neutral" as a descriptive term for what we do
and as a conceptual frame for our professional
role. Beyond the theoretical discussion, however,
there are some very practical risks for mediators
to consider in continuing to describe themselves
This book is a collection of previously published essays by two outstanding lawyers, one of whom is a well respected arbitrator, who practice labor and employment law in Michigan. The essays - witty, thought provoking and insightful - are drawn from experience in the trenches. They address lawyering, brief writing, mediation and arbitration, civility, persuasion, life, and MORE!
Commerce is a relationship activity – it makes no sense if mediators fail to address relationship in resolving commercial disputes.
This article examines party expectations and testing those expectations in mediation.
Think about the last time that someone asked us how things were going? We probably responded with, “pretty good, you know…keeping pretty busy!”
(9/09/16)F. Peter Phillips
By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed.
You don’t get better at listening during conflict by practicing during conflict. You get better at listening during conflict by practicing outside of conflict, where the stakes are lower and it’s easier to be on top of your game.
Stress is something synonymous with the world of crisis and hostage negotiation. Stress is expected but when unchecked and unaccounted for, it can lead to spontaneous actions, foolish moves, inaccurate assumptions being made, and potentially violence. This article provides multiple resources for dealing with stress.
The Ohio State program teaches students about lawyers’ service as leaders in various ways in their work in addition to lawyers’ generally-recognized leadership roles in civic society, including public service, outside their day jobs.
This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and remediating an extended plume of PCP groundwater contamination.
(9/06/16)John Paul Lederach
After nearly four years of negotiations the Revolutionary Armed Forces of Colombia (FARC-EP) and the Colombian government publicly released a 300-page peace agreement ending the half-century war, the last armed conflict in the Western Hemisphere.
A comparison of the resolution process of two former spouses, one who chooses litigation and the other who chooses the collaborative process.
The fight or flight response of our forebears remains strong when we are under pressure.
We share our experience and learnings of delivering Family Dispute Resolution into New Zealand prisons to improve the lives of children.
(9/02/16)Søren Braskov, Asger Neumann
This article presents a self-help tool for people in the marriage or relationship. The tool includes principles for mediation and refers to the use of a mediator if conflicts are too difficult for themselves to solve.
This blog may not have much to do with mediation but has everything to do with conflict resolution.
Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy.
The bigger story when you are in a crisis is how it impacts your relationship with your spouse and what that says about your relationship.
This is the complete interview by Robert Benjamin with Bernie Mayer, co-founder of CDR Associates in Boulder and an instructor at Creighton's Werner Institute, filmed for the Mediate.com's 'Views from the Eye of the Storm' Video Series.
The law generally doesn’t do much to promote apologies. Even if courts could order parties to apologize, the apologies probably would be of the unsatisfying tell-your-sister-you’re-sorry variety.
I have a confession and I hope you won’t think less of me for it.
“Anger management works – if you’re not angry.”
As mediators, it is great to reflect on the challenge and the power of finding just the right question – usually one that can’t be planned, but one that reflects an intuition about what “tweaks” the conversation could withstand and what might just provide a new direction.
During the past year, there have been two interesting developments regarding mediation confidentiality.
Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.
Articles about “Choosing the Best Divorce Mediator” may soon be more numerous on the Internet than the actual number of divorce mediators that exist in the world. Go ahead, Google it and be amazed!
I think that what many say the character traits of
a good mediator should be are not what they
actually are. In contrast to the conventional belief of which
traits make a good mediator, I
have distilled four important attributes of the
This is the complete interview by Robert Benjamin with Zena Zumeta, long time mediator, trainer and former President of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.'
In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.
“Transformative” mediation has grown in popularity in recent years. It’s a style of mediation that looks to “transform” the relationship between the parties in a conflict.
Everybody seems to be angry lately, and a lot of people are writing about it.
(8/19/16)F. Peter Phillips
The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”
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When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.