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.”
When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.
“That’s not my problem” are four of the most frustrating words to hear when you’re trying to talk through a conflict.
The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.
The communication problems that happen in the mediation session might be symptoms of the conflict.
(8/16/16)Donald T. Saposnek
This is the complete interview by Robert Benjamin with Don Saposnek, a leading family mediator, writer and editor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Our evolution has been largely shaped by our environment, which gives us new resources and technology to continue our journey. But make no mistake about it, we are and will always be hunters and gathers.
The article provides 5 tips to help people going through divorce determine if mediation is a cost-efficient solution to resolve their divorce.
As a mediator, I am often faced with imbalances caused by a variety of factors: relationship dynamics between the disputing parties, a lawyer having more experience, expertise or knowledge than opposing counsel, or a party being better prepared or more knowledgeable about the facts of the case than another.
Conflict personality, or conflict character, has little to do with effectiveness. Conflict behaviour is what counts, and conflict behaviour can be changed.
A unique combination of nature, nurture and life experiences means that every one of us sees the world from a different perspective.
Bickering, an argument about trivial matters, is one of those everyday bad habits that feeds the growth of destructive conflict in a relationship.
One can look at our history as a 240-plus-year multi-party multi-issue negotiation in which our shared understandings have been revised and refined.
For those of you looking for a little challenge in your spare time, please read on for the Kluwer Mediation Blog’s inaugural summer quiz.
An article, from the Harvard Law School Program on Negotiation entitled “Salary Negotiations”, focuses on negotiating the best salary possible, some of its points are equally applicable to negotiations in general.
If Brexit were an ancient Greek tragedy, David Cameron would be the tragic hero.
For creative artists, entertainers and performers – whether an author, painter, musician, actor or singer – disputes involving one’s work can be deeply personal.
Disputing is proud to announce that “Special Masters: A Different Answer to a Perennial Problem” by Merril Hirsh, James M. Rhodes, and Karl Bayer has been published in the most recent edition of the American Bar Association’s Judges’ Journal.
(8/08/16)Jan Frankel Schau
So many conflicts seem to arise out of a simple lack of tolerance. Whether it arises from diversity of style, world-view, religion, values or backgrounds, folks sometimes just shut down and refuse to engage with others–and then trouble brews.
This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective.
Have you ever found someone to be really irritating, for example a co-worker, boss, or neighbor – but that person says that you’re the problem? Yet both of you get along with everyone else?
The other day I heard a story about a mom that had decided to go back to school to get her Masters Degree to further her career.
Here are five simple and potent ways to gain psychological distance (and help others do the same) when you’re spinning your wheels in a conflict conversation.
(8/05/16)Michael A. Zeytoonian
In one of the strangest presidential campaigns in American history, one common theme stands out, unfortunately – that of finding fault with the other side. For whatever reasons, politicians spend too much time talking about what their opponent is or has been doing wrong
This is the complete interview by Robert Benjamin with Chip Rose, a national leader in the fields of divorce mediation and collaborative practice, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
This article considers issues of safety in mediation, with practical advice for all mediators to consider before, during, and after a mediation session to ensure participant and mediator safety.
When it comes time to decide on care for an elderly parent, mediation can help family members make tough financial and life care decisions.
The decision to leave the EU has drawn the UK into the Nash Trap.
I received an interesting update from Civility Partners last week on bullying, citing research showing that “education, government and healthcare are three industries where bullying seems to really thrive.”
(7/29/16)Michael P. Carbone
It's that time. You've just returned to your office from a case management conference.
Several months ago, a friend asked me how one goes about practicing forgiveness with respect to someone who persists in crossing relational boundaries, making unkind remarks, refusing to take responsibility for his/her behaviour, etc.
This article discusses hope and despair in the landscape of today.
The organizational approach to this inventory of game playing strategies and devices is based on the working assumptions that gaming behavior is an integral part of all negotiative processes, regardless of context.
Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.
This is a video sample from Nina Meierding's seven-hour online course on Culture & Gender Issues in Negotiation & Mediation.
(7/22/16)John Paul Lederach
John Paul Lederach describes discussing alternatives to violent conflict with groups who felt powerless and that violence was their only avenue of action. One method he uses is to ask them what violence has achieved historically.
These articles are a series of summaries from the CDRC Vienna 2016. This article focuses on negotiation tips for competitors, tips that would prove useful in any negotiation.
(7/22/16)Stephanie Rohmann, Nataliya Barysheva
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These articles are a series of summaries from the CDRC Vienna 2016. This article focuses on an Austrian and a French mediator sharing their views on negotiation.