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Jeffrey Krivis

Can We Call a Truce? Ten Tips for Negotiating Workplace Conflicts

(2/21/17)Jeffrey Krivis

Whether two employees are fighting or a disgruntled client is on the verge of leaving, you—yes, you—can step in and help solve the problem. Here are some tricks of the trade.

Robin Amadei

Conflict Coaching

(2/21/17)Robin Amadei

This article defines conflict coaching, describes areas in which conflict coaching can be used, and illustrates an example of how a conflict coaching process might proceed.

Armand and Robbin DAlo

Is Divorce The Real Target?

(2/17/17)Armand and Robbin DAlo

When the fire of love feels dead or the threat of divorce is put on the table what is really happening?

Dr. Lynne C. Halem

Collaborative Parenting Can Mend the Divide

(2/17/17)Dr. Lynne C. Halem

Professionals writing about divorce too often reinforce parental fears by recounting, even exacerbating the negative consequences of divorce

The Financially Smart Divorce Book Review

(2/17/17)John Fiske, J Anthony Licciardello

Divorce mediators can greatly benefit from reading and having readily on hand this new book by a Certified Divorce Financial Analyst who understands that divorce should be a planning process.

Michelle Brenner

Grassroots Process for Resolving Structural Conflict

(2/17/17)Michelle Brenner

The inmates of Darwin’s Berrimah Prison are shown in a new light in Australia’s first documentary musical. The inmates share their feelings, faults and experiences in the most extraordinary way – through song.

Tammy Lenski

A Shadow Side to Good Listening

(2/17/17)Tammy Lenski

It’s hard to listen deeply from inside an argument.

Michael A. Zeytoonian

Navajo Dispute Resolution, Trump’s Tweets and the Lessons of Little Big Horn

(2/17/17)Michael A. Zeytoonian

I recently read a Daily Good story about Navajo Indian peacemaking, a seven-step process focused on restoring relationships, a notion the Navajo refer to as “K’e”.

Bullying y Prevención

(2/16/17)Larisa Varisco Puerta, Sandra Domine

Al hablar de bullying y acoso escolar en general, siempre suele hacerse referencia a los maltratos efectuados y recibidos entre pares, o incluso de alumnos hacia profesores.

Kenneth Cloke

Interview with Ken Cloke

(2/12/17)Kenneth Cloke

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.

Supreme Court Approves Drafting Role for Lawyer Mediators

(2/10/17)Michael Dwyer, Susan Hansen

This article discusses the new Wisconsin Rule Petition 16-04 that expanded the role of lawyer mediators in family law cases.

Jim W Hildreth

Will artificial intelligence (AI) , Amazon Echo Alexa , play a role in your Mediation Practice?

(2/10/17)Jim W Hildreth

I'm going to share a little secret, Akexa does meditations and affirmations--and maybe more?

Tammy Lenski

One Intriguing Reason it's Hard to Take Responsibility for Problems

(2/10/17)Tammy Lenski

The next time someone declines to take responsibility for words or actions that had a bad impact, don’t immediately assume it’s a flaw in their character.

Beth Graham

Revised ICC International Court of Arbitration Rules Become Effective March 1st

(2/10/17)Beth Graham

On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.

Eric Slepak

Takeaways from a Child Protection Mediator Training

(2/10/17)Eric Slepak

Child protection cases involve a child who has been removed from their home following a substantiated claim of abuse or neglect.

Jim Melamed

Mediators Take Note: BBB Complaints Against Mediation.com

(2/09/17)Jim Melamed

At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates.

Rachel Ryan

Happy Valentine’s Day Darling; Here’s a Prenup

(2/09/17)Rachel Ryan

The article addresses increased rates of divorce and important considerations for protecting one’s self and financial assets and the consequences of failing to do so.

Stuart Watson

The Essential Elements of Mediation Training

(2/09/17)Stuart Watson

Mediation Trainer Stuart Watson shares the wisdom of the most important elements of a mediation training gained from training new mediators over the last 15 years.

Phyllis Pollack

Just About at the End!

(2/07/17)Phyllis Pollack

While the exception to mediation confidentiality has a long way to go before it becomes law in California, I sense that the initial work of the CLRC is just about concluded.

Margaret Shaw

Margaret Shaw Memorial

(2/06/17)Margaret Shaw

Margaret Shaw, a lawyer and pioneer in alternative dispute resolution, died unexpectedly February 2, 2017.

See You in H*ll: Preparing for Mediation

(2/05/17)Adam Halper, Lauren Groetch

To arrive at a successful resolution in mediation, you have to work for it. Mediation is hard.

John Lande

Is Political Moderation a Virtue These Days?

(2/04/17)John Lande

In the wake of our extremely polarizing election this year, is moderation a virtue today?

Denise Peterson

Embracing Impasse

(2/03/17)Denise Peterson

This article addresses three common impasses which can become future wins when mediators frame the discussion.

Tammy Lenski

How to Say No Persuasively

(2/03/17)Tammy Lenski

“If you can’t say no, your yes is hollow.”

Larry Susskind

Socially Responsible Real Estate Development

(2/03/17)Larry Susskind

Direct engagement with a wide range of stakeholders, using the tools of Environmental and Social Impact Assessment, is required.

Beth Graham

Hawaii Bill Would Require Mediation Prior to Sale of Kuleana Land

(2/03/17)Beth Graham

A member of the Hawaii State House of Representatives has reportedly introduced a bill that would require mediation for certain real estate transactions occurring in the state.

Dan Simon

Even the Best Mediation Doesn’t Eliminate Differences – Nor Should It

(2/03/17)Dan Simon

Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.

Jan Frankel Schau

Bully Mediation

(2/03/17)Jan Frankel Schau

It is my observation that the bully approach is not effective in mediation, although it may be in court.

Jack McCrory

Jack McCrory Memorial

(2/03/17)Jack McCrory

On January 17, 2017, our dear friend and Pepperdine Straus Institute of Dispute Resolution colleague Professor John P. (Jack) McCrory passed away.

Margaret Shaw

Interview with Margaret Shaw

(2/02/17)Margaret Shaw

This is the complete interview by Robert Benjamin with New York based JAMS mediator Margaret Shaw filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

Richard Barbieri

The Election Wasn’t About What You Make, But About Who You Know

(1/27/17)Richard Barbieri

Two theories about conflict, and particularly about means of diminishing conflict, hold promise in understanding the election, though not necessarily in ameliorating the conflicts revealed there.

Nicole Garton

Conflict Analysis and Intervention Selection for the Parenting Coordinator: Strategies for Success

(1/27/17)Nicole Garton

This paper provides a summary of parental conflict and its consequences for children, a history and definition of parenting coordination and three conflict analysis models to assist working parenting coordinators to better diagnose parental conflict and then select more effective intervention strategies.

Maria Simpson

Such Interesting Language!

(1/27/17)Maria Simpson

The current linguistic environment is instructive, scary, and actually great fun.

Tammy Lenski

Two Smart Principles for Resolving Everyday Disagreements

(1/27/17)Tammy Lenski

Not all disagreements require long talks to resolve them sufficiently.

Beth Graham

SCOTX Refuses to Reconsider Patent Company’s Request to Vacate Arbitrator’s $3 Million Legal Fees Award

(1/27/17)Beth Graham

The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute.

Jane Greenspan

Title IX Investigations in Need of Reform

(1/27/17)Jane Greenspan

Although the criminal justice system is far from perfect and is sometimes forbidding and difficult to navigate for survivors of sexual violence, its reliability and independence does offer some advantages that could and perhaps should be assumed in on-campus proceedings.

Ian MacDuff

“To be truly radical is to make hope possible, rather than despair convincing”

(1/27/17)Ian MacDuff

This blog is an invitation not only to the students taking on the roles of client and counsel at the ICC competition, but also to the judges and mediators, to be aware of the unstated, and often unobserved and unrecognised differences between the parties that, despite the common ground of language and process, may well shape the parties’ perception of mediation, commercial relationships, the nature of purpose of mediation, and the design of acceptable outcomes.

Meredith Richardson

Are You Trying to Defy the Laws of Gravity in Your Conflict?

(1/27/17)Meredith Richardson

In their book, "Designing Your Life," authors Burnett and Evans talk about "gravity problems," things like gravity that you cannot change no matter how hard you try.

Clarence Cramer

Interview with Clarence Cramer

(1/24/17)Clarence Cramer

This is the complete interview by Robert Benjamin with Clarence Cramer, long-time leader in the field of court-connected family mediation, including the mediation of cases involving domestic violence, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.

Camaron Thomas

What I Learned from Studying Neuroscience about the Future of Mediation

(1/20/17)Camaron Thomas

Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.

Ellen Kandell

Is It Ever OK to Blame?

(1/20/17)Ellen Kandell

Blame is frequently used, whether consciously or unconsciously, in an attempt to assign responsibility for something gone awry.

Stuart Watson

A Tale of Two Boxes: Re-Visioning the Nature of Conflict

(1/20/17)Stuart Watson

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.

Lorraine Segal

The Zen of the Gym (part2)–What I’ve learned about workplace conflict resolution at the gym

(1/20/17)Lorraine Segal

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.

F. Peter Phillips

Supremes Grant Cert on NLRB Challenge to Class Waiver

(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.

Tammy Lenski

Think With Your Hands for Better Problem Solving

(1/20/17)Tammy Lenski

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.

Joe Markowitz

Attitude

(1/20/17)Joe Markowitz

Parties in conflict may face a choice among various modes of conflict resolution--litigation, arbitration, mediation, or some other formal or informal process.

Secondments in International Arbitration

(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.

John Lande

What is Negotiation, Anyway?

(1/20/17)John Lande

What is Negotiation? Actually, it is surprisingly difficult.

Homer LaRue

Interview with Homer LaRue

(1/18/17)Homer LaRue

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.

Richard Barbieri

Borderlines: Neutrality on the Edges of Mediation

(1/13/17)Richard Barbieri

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.”

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