Mediate.com - Complete information about mediation and mediators
--   --
-- -- --    
Follow Mediate.com on TwitterMediate.com Videos on YouTube
ALL SECTIONS  |   ABOUT MEDIATION  |   Civil  |   Commercial  |   Community  |   Elder  |   Family  |   ODR  |   Public Policy  |   Workplace
Subscribe to the Mediate.com NewsletterSign Up Now
Mediators Arbitrators Online Mediators Online Arbitrators
Parenting Coordinators Facilitators Collaborative Professionals Mediating Lawyers

Mediate.com Web Site Package


All Articles


New Articles



Paul Monicatti
A Top Ten List of Keys to Success in Court-Ordered Mediation (4/24/15)
Paul Monicatti
In an era of the vanishing trial, mediation advocacy is gradually replacing trial advocacy as the key litigator's skill. From a mediator with nearly 30 years mediation experience, here is a concise best practice list for the mediation advocate.

Uma Ramanathan
Torch Bearers in Mediation (4/24/15)
Uma Ramanathan
Goals, predictions, vision statement. Frame it in any manner, what stakeholders are looking for is the fulfilment of the promise of mediation.

Ricardo Padilla
(Instrumental) Reconciliation Without (authentic) Forgiveness (and Social Justice): A Recurrent Paradox in Political Conflicts (4/24/15)
Ricardo Padilla
After a conflict between communities or nations has been led to an ending phase, political reconciliation requires that both parties be brought closer to the point they may have respect for each other’s rights and can live peacefully together. When the conflict passed through war or mass atrocity, reconciliation is especially hard to achieve. There are limits to forgiveness that may state significant barriers on the pathway to reconciliation.

Michael Moffitt
Whisper, "Here's My Contact Information; Don't Accept Anything Until We've Talked." (4/24/15)
Michael Moffitt
In this morning’s Chronicle of Higher Education, an article entitled “Time to Change the Rules of Negotiation,” focusing on entry-level employment negotiations, what’s negotiable, what’s reasonable, and what’s not.

Beth Graham
Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study (4/24/15)
Beth Graham
This Article analyzes results from the first-ever large-scale international survey regarding the use and perception of international commercial mediation and conciliation by the international legal and business communities.

Jeffrey Grubman
ADR is on the Rise in Employment Cases (4/24/15)
Jeffrey Grubman
While there is a long history of utilizing arbitration in the labor union context, the majority of employment disputes have historically been litigated in federal court.

Martin Svatos
And What is Your Biggest Achievement in Mediation? (4/24/15)
Martin Svatos
The MBB was founded in 2006 in order to promote mediation not only in the USA but also worldwide. Its main task is expressed in the following motto: “The only lasting peace is the one built by the disputants themselves.”

Phyllis Pollack
To Build Rapport- Laugh Together! (4/24/15)
Phyllis Pollack
Well- we missed it! March 20 was International Day of Happiness. Evidently, it was created by a United Nations Resolution passed at its 118th plenary meeting on June 28, 2012, declaring March 20th of each year to be the holiday. As one might guess, the resolution was promoted by the Kingdom of Bhutan which has a Gross National Happiness Index.

Joan B. Kelly, Ph.D.
Family Mediation Research: Is There Empirical Support for the Field? (An Update) (4/22/15)
Joan B. Kelly, Ph.D.
The divorce rate began its sharp increase in the early 1960’s and more than doubled by the end of the 1970s.  This was accompanied by dramatic changes in cultural traditions, societal expectations, and divorce and child custody laws which led to increased reliance on the courts to adjudicate separation and divorce disputes, including decisions related to children.


The 2015-16 Global Pound Conference Series - Prospectus (4/21/15)
Jeremy Lack, Michael McIlrath
“Shaping the Future of Dispute Resolution & Improving Access to Appropriate Justice." The goal of the Global Pound Conference (“GPC”) Series is to improve access to justice around the world by generating actionable data from stakeholders in the dispute prevention and resolution fields to facilitate greater access to appropriate dispute resolution (“ADR”) processes worldwide. Please join our efforts!

Stacy Roberts
Getting on the Same Page Regarding Mediation in the Future (4/20/15)
Stacy Roberts
I agree with many other colleagues that going forward there should be a focus on public awareness, the training and licensing of mediators, but also, and maybe most importantly, the training of attorneys who will be using mediation. I say this because mediation is used when there is a dispute, so we know that litigation and mediation will almost always go hand in hand, and will therefore, almost always involve attorneys. So bear with me as I discuss the rationale for this thought process on the future of mediation and two recent observations that have led me to this conclusion.

Boroka Ganyu
Conflict and the Mediator: Peace Within – Redefining Interpersonal Conflict (4/17/15)
Boroka Ganyu
This article introduces a feminine (emotional-relational) approach to interpersonal conflict. I will redefine interpersonal conflict as a mental representation, and as a basis for defining inner peace.

Sherri Donovan
Family Mediation In The Digital Age (4/17/15)
Sherri Donovan
Twenty-first century technology will continue to impact family life and mediation. The family mediator’s awareness of the possible positive and inflammatory influences of the internet, may be instrumental in effectively identifying and resolving the modern family’s disputes. Social media, cyber abuse, the child’s computer voice, the use of a forensic computer expert and the futuristic divorce are factors to be considered in the practice of family mediation.

Laura Snoke
Always Expect the Unexpected (4/17/15)
Laura Snoke
As an attorney and mediator for many years, I have learned the most important lesson for mediation: always expect the unexpected. Whether the parties send formal, lengthy briefs, replete with numerous citations to both facts and legal authorities, or whether they simply show up at the mandated start time, there are always surprises. A good mediator must be ready to handle any situation that arises, with patience, flexibility and a good sense of humor.

Mary Novak
Domestic Violence Finding Overrides Agreement to Mediate (4/17/15)
Mary Novak
A case in the Appellate Division of New Jersey Superior Court stands as a reminder of the complexities of family mediation when domestic violence is involved. Indeed, the court found that a finding of domestic violence can trump a requirement to mediate.

Richard Birke
Federal Employment Case Update: Pizza and Beer (4/17/15)
Richard Birke
When Jacqueline Conners brought a class action lawsuit against her employer Gusano’s (alleging unlawful tip pooling practices), Gusano’s instituted an arbitration policy that required individual arbitration of any disputes.

Beth Graham
Fifth Circuit Rules Arbitrator Exceeded His Authority in Contract Dispute (4/17/15)
Beth Graham
The United States Court of Appeals for the Fifth Circuit has held that an arbitrator exceeded his authority in a contract dispute. In PoolRe Insurance Corp. v. Organizational Strategies Inc., No. 14-20433, Organizational Strategies Inc. (“OSI”) entered into a contract with Capstone Associated Services to create a new captive insurance program.

Lesley Allport
Good Practice Framework (4/17/15)
Lesley Allport
Universities should include mediation in their framework for handling student complaints! The formal process is long, complex and saps everyone’s time and energy; most students with complaints about staff behaviours and attitude would prefer to talk it out, in our experience.

Kelly Browe Olson
Ellen Pao: Reddit has Stopped Negotiating Initial Salaries (4/17/15)
Kelly Browe Olson
The Wall Street Journal ran an interview with Ellen Pao yesterday. She discusses many things, but her quote regarding salary negotiations really hit a nerve.

Phyllis Pollack
The Value of Joint Sessions (4/17/15)
Phyllis Pollack
Over the last few years, the trend in California has been not to hold joint sessions in mediation but, to conduct the entire mediation using separate sessions so that the adverse parties are never in the same room at the same time.

Barry Goldman
The Future of Mediation Careers (4/15/15)
Barry Goldman
Barry Goldman poses that an analysis of the health of the field is looking at the current open job openings for that field--he uses this as a divining rod to look at the future of the mediation field.

Marvin E. Johnson
The Integrity of ADR Processes and the Risks of Blurred Boundaries (4/14/15)
Marvin E. Johnson
Historically, the three main dispute resolution methods used in the United States have been violence, avoidance, and litigation. Today, there are a variety of additional processes that can be used to foster the resolution of disputes. Many of these processes began gaining popularity in the early 1970s as a result of frustration with the varied human and financial costs associated with litigation.

Kristen Blankley
How to Make Mediation Safer in Cases of High Conflict (4/10/15)
Kristen Blankley
This article considers issues of safety in mediation. Mediation involves parties in conflict, and safety should be a priority of all mediators. Mediators should be aware of both participant and mediator safety throughout the process. This article considers practical advice for all mediators to consider before, during, and after a mediation session to ensure participant and mediator safety.

Michael Leathes
The Medici Effect of Mediation (4/10/15)
Michael Leathes
As the Danish mediator Tina Monberg has pointed out in The Butterfly Effect, chaos theory sits at many intersections: conflict and consensus; litigation and negotiation; problem and solution; public policy and private process, art and science, servant leadership and personal leadership, and others. Mediation is both a practice and a theory, cutting across negotiation and justice, practicality and academia, needs and demands.

John Lande
Litigation as Violence (4/10/15)
John Lande
Litigation is an important part of the dispute resolution system and it is quite legitimate for people to use it in appropriate cases. Litigation (including negotiation and mediation conducted during litigation) often functions appropriately without causing undue violence or other harm. People usually don’t pay as much attention when things work properly and this may be the case with litigation most of the time. But too often, unnecessary injury is a by-product.


Both Textbook and Handbook – Lisa Parkinson’s “Family Mediation” - Book Review (4/10/15)
Lisa Parkinson, Sabine Walsh
Whether for family mediators in particular, or family lawyers in general, Lisa Parkinson’s third edition of ‘Family Mediation’ is the authoritative textbook and guide that no professional adviser in family disputes should be without.

Lorraine Segal
Moving from the Shadows into the Sunlight (4/10/15)
Lorraine Segal
Perhaps my biggest learning on my own journey to healing and recovery is that I have a choice at any moment, to continue to stand in a shadow of my own creation, or to change my attitude so I can move into light, trust, faith and optimism. Your attitude makes the difference.

Dick Price
Considering Reconciling? (4/10/15)
Dick Price
This is kind of a chicken and egg situation. Which came first, the possibility of reconciliation or choosing to use the Collaborative process?

Michael A. Zeytoonian
Courts are Limited When it Comes to Problem Solving (4/10/15)
Michael A. Zeytoonian
Recently I represented a party in a dispute over some business equipment. This case would have been better resolved by the parties either directly communicating with each other or communicating and negotiating with each other through their lawyers. But before that could be done, one party opted to file a complaint in federal court and as a result, we were engaged in court proceedings.

Larry Susskind
Reaching Agreement on the Nile (4/10/15)
Larry Susskind
Egypt, Ethiopia, and Sudan recently signed a Declaration of Principles aimed at resolving an increasingly contentious dispute over Ethiopia’s ongoing effort to build the $4.6 billion-dollar hydroelectric power plant project called the Grand Ethiopian Renaissance Dam, Africa’s largest. The Declaration does not seek to resolve the larger question of how the overall waters of the Nile will be shared. The fact that the Declaration was signed is an important accomplishment. I want to look closely, though, at the ten principles spelled out in the Declaration because I’m worried that some may be difficult to implement.

Maria Simpson
Juries of Their Peers (4/10/15)
Maria Simpson
When I was in fourth grade, a few millennia ago, our teacher established a system so we could settle a lot of our own disputes. General mischief-maker, Walter, was elected judge, a decision that completely confounded our teacher, and the class was the jury. We explained our choice of Walter as judge by saying that judges always behave well, and if Walter were judge, he would have to behave better than usual. It was completely logical to us, but I’ll bet the teacher would never have seen that possibility and would have continued to discipline Walter rather than offer opportunity.

Phyllis Pollack
The Priming Effect of Temperature (4/10/15)
Phyllis Pollack
Roaming around on the internet the other day, I stumbled across an interesting article on LiveScience.com about the effect of temperature on our psyches. Entitled, “5 Weird Ways Cold Weather Affects Your Psyche”, the author Laura Geggel discusses different studies showing that we react differently depending upon whether a room is hot or cold. While the March 11, 2015 article discusses 5 “weird ways”, three of them are pertinent to negotiations.

Stephanie West Allen
That's Not How it Happened! Let Me Tell You the True Story (4/10/15)
Stephanie West Allen
How can two or more people sincerely, earnestly, and confidently have such widely divergent versions of events? As mediators, we often have heard stories from parties in which the facts are conflicting and yet no one seems to be deliberately deceiving.

Michelle LeBaron
Bodies at Work: Moving toward Alchemy (4/10/15)
Michelle LeBaron
The single most neglected truism in mediation, whether virtual or in person, is that it does not happen without bodies. We do not mediate with beings in other realms (unless we attach a very different meaning to mediation than is contemplated in this collection of articles on the future of our craft). Thus involving those with current corporeal substance, we mobilize to engage and reach toward understanding while literally standing our ground.

Alan E. Gross
Expanding Mediation’s Future: Integrating Party Self-Determination with other Mediation Principles that can Aid Party Understanding and Truly Informed Decision Making (4/06/15)
Alan E. Gross
Bush and Folger recently contributed an article to this “Mediation Futures Project” series that advocates strongly for “Refocusing on Party Self-Determination” but also suggests that mediators should conform to orthodox Transformative Mediation practices. This partial rejoinder, while acknowledging the important contribution of the TM focus on self-determination to mediation practice, also recognizes the value of other mediation practices.

John Licciardello
National Divorce Survey Yields Surprising Insights (4/03/15)
John Licciardello
Divorce is as popular as ever in America, with over 50% of first marriages and 70% of second marriages ending prematurely. In addition to traditional litigation couples are increasingly turning to mediation and the “do it yourself” pro se divorce process in the quest to have “successful” divorces as measured by satisfactory settlements, minimal relationship damage and reasonable cost.

Gregorio Billikopf
Party-Directed Mediation. Another Step Towards Non-Directive Mediation (4/03/15)
Gregorio Billikopf
The contribution of two models is presented in this article, Party-Directed Mediation (PDM) and Negotiated Performance Appraisal (NPA) to deal with peer mediation and hierarchical mediation, respectively. Both models are especially useful for dealing with deep seated interpersonal conflict. Originally, they were used as organizational mediation models.

Ryan O'Connell
Using Mindfulness to Inform Our Responses to Conflict (4/03/15)
Ryan O'Connell
A mindfulness technique known by the acronym RAIN can be a useful tool for informing our conflict responses and transforming our conditioned, reactive conflict behaviors.

Bill Marsh
Gratitude For The Law (4/03/15)
Bill Marsh
This year in the UK we are celebrating the 800th anniversary of the Magna Carta, or “Great Charter”. Interestingly, and less well-known, this deal was mediated.

Richard Birke
Federal Court Case Update, Filings and Firings (4/03/15)
Richard Birke
Following is the start of a new series on the JAMS ADR Blog, featuring short synopses of recent case rulings related to arbitration or ADR. We’re excited to share this information as we know this is an area that will be of interest to our readers and those in the legal industry.

Jeffrey Krivis
Where Have All The Idealists Gone? Long Time Passing, Part II (4/03/15)
Jeffrey Krivis
Over the years, a common theme heard among litigators after a grueling case where one side loses is that there must be a better way to manage disputes. In the mid -1970s, legal scholars from around the nation came together to review ways to make the legal process more user-friendly and accessible. They concluded, among other things, that a multi-door courthouse with processes that were designed to fit the forum to the dispute might be worth considering.

Dan Simon
Mediation: Why Distinguish Between Models? (4/03/15)
Dan Simon
This blog highlights examples of a typical conversation between mediators trying to decide the importance of different models.

Tammy Lenski
How to Be a Problem-solving Superhero Without Fixing it Yourself (4/03/15)
Tammy Lenski
Years ago, a student came to my office with a problem. I was a dean at the time and I had many appointments like this in an average day. To give you a sense of what it’s like to be a dean, I’ll tell you that when I left that job to begin a new career as a conflict resolutionary, one of the good-bye gifts from my staff was a fire extinguisher “to remember the job by.”

Phyllis Pollack
Snap Judgments (4/03/15)
Phyllis Pollack
Snap Judgments. We all make them … and how they can lead us astray! This obvious point is made in a blog posted on March 2, 2015 on the Harvard Program on Negotiation’s blog website ( entitled “How Snap Judgments Can Lead Negotiators Astray In Negotiation Conversations” ).

Lisa Parkinson
Looking to the Future: Complexity, Chaos, and Making Connections (3/31/15)
Lisa Parkinson
Diversity matters! For mediation to develop in fresh and vibrant ways, we need to think and act creatively. Some of the best ideas come from making connections – for example, between mediation, sciences, and the arts – and through using these connections in practice. Bernie Mayer's article in the Mediation Futures series struck chords with me, with its references to complexity science, chaos, and the importance of adapting the ways we mediate to meet diverse needs, instead of expecting participants to fit in with the particular way we choose to mediate.

Cynthia Alkon
Disgraceful Example of Hard Bargaining in Plea Bargaining (3/31/15)
Cynthia Alkon
Yesterday the AP reported that prosecutors in Nashville, Tennessee “made sterilization of women part of plea negotiations at least four times in the past five years.” The cases all seemed to involve mistreatment or neglect of children and some involved seriously mentally ill defendants.

Katherine Graham
When Man First Came Down From the Trees… He Decided to Own the Language (3/31/15)
Katherine Graham
I am disappointed by the media’s return to the generic ‘he’ and ‘man’. What happened to respect and dignity? I certainly don’t feel respected when I’m told that ‘mankind’s first dwellings were…’ or that ‘a doctor feels he needs to…’. I feel my dignity is under attack when, on challenging this, I am told that a generic masculine is ‘understood’ to ‘include’ women, and that really I am making a silly, outdated fuss about nothing very important.

Martin Quinn
Joint Sessions: Are Lawyers Right to Hate Them? (3/31/15)
Martin Quinn
Mention holding a joint session and you are sure to provoke an argument between mediators and teachers of mediation on one side and lawyers who represent clients in mediations on the other. That dichotomy is not wholly accurate because many mediators have also abandoned the use of joint sessions.

Susan Yates
Family Law Arbitration Act (3/31/15)
Susan Yates
People who have been involved with family law are likely to have encountered mediation, especially in child-related issues. But what about arbitration?

Michael A. Zeytoonian
Is This the Best Dispute Resolution We Can Do? (3/31/15)
Michael A. Zeytoonian
I suppose somewhere, some group celebrated the “win” of recapturing Syrian cities as a strategic victory. The problem was that there was nothing left to recapture. Whatever had once been there was gone. The people were either dead, injured or gone. There was no other movement.

Click here for MORE ARTICLES



Mediate.com Web Site Package

Copyright 1996-2015 © Resourceful Internet Solutions, Inc. All rights reserved.
(404) N Georgia
Family / Divorce
Robert D. Bordett, CFP, CDFA
List Here
Change Area Code: