Video-based mediation – it’s starting to happen. What do we need to know?
I recently had the pleasure of writing a paper with my student-turned-teacher, Jeff Thompson
(an alumnus of our Negotiation and Dispute Resolution program at Creighton and the Wizard Behind the Curtain at ADRHub). Jeff works on non-verbal communication in mediation, and is also in involved in ODR. Putting those together with my own interest in the role of trust in ODR, we mapped out some issues at the juxtaposition of trust, non-verbal communication and online, video-based, mediation. You can read this article, soon to appear in the International Journal of Online Dispute Resolution, here.
Children, Divorce, and Dating
Shannon Rios Paulsen
In my role as a counselor for children of divorce, my focus is the children. Parents made a decision to divorce and they also made a decision to have children. It is my view that they must do all things possible to mitigate the effects of the divorce on their children. The question about dating arises in every session of “Co-parenting Through Your Divorce” that I facilitate. This article addresses this question for parents of divorce and for those who are dating others who are divorced with children.
Senator Jon Kyl’s 10 Negotiation Lessons
Recently I had the pleasure of having former US Senator Jon Kyl as a guest speaker in my Negotiation course. Time magazine recognized Kyl as one of the world’s most influential people in 2010 (along with Lady Gaga, as he is quick to point out) and as one of the 10 best senators in 2006. Naturally the best thing about having guest speakers is their built in credibility, and that credibility is amplified when it’s someone like Kyl who has been in the mix at such a high level.
Reason or Excuse
I have been thinking about when I hear someone explaining their rationale for saying or doing something that has upset or provoked me or another person. I realize that at times it sounds like an excuse and at other times it sounds like a reason. You may ask what difference does it make?
At the ABA Dispute Resolution section spring conference, I attended a talk on mediating discovery disputes, a subject that has been of interest to me for a long time, but which should be more urgent given the difficulty traditional court processes and rules have in managing the continuing explosion of data. As Marian Riedy, who has written about the difficulties of retrieving electronic data, pointed out, the enormous costs of discovery of such data make it essential that parties cooperate in crafting agreements on the scope of discovery. Indeed, federal and state rules generally require efforts to resolve discovery issues by negotiation. That being the case, there would seem to be a place for mediators to step in and assist attorneys and parties having difficulty reaching negotiated solutions.
La Mediación con Enfoque Gestáltico -- en español
Hoy quería contaros algo acerca del enfoque gestáltico que personalmente utilizo en la mediación y en la gestión de los conflictos en general.
Si bien la Gestalt es una rama de psicología humanista que nace con Fritz Perls, médico neuropsiquiatra y psicoanalista cuya máxima en su práctica era la intuición y búsqueda de lo obvio huyendo de toda teoría rígida que impida ver al paciente, el Enfoque Gestálticose ha ido definiendo desde esta raíz y a través de influencias profundas, evolucionando y enriqueciéndose gestalt
The Use of Student Organizations as a Means of Conflict Resolution Education
Student organizations offer many opportunities for students, including the chance to develop meaningful relationships, to pursue special interests, to clarify a sense of purpose and identity, and to develop interpersonal, leadership, organization, and social skills. Peaceful Approaches to Conflict through Education (P.A.C.E.), a training organization in conflict resolution education for student volunteers, was founded in 1997 by Dr. Judy Rashid at NC A&T State University. The organization seeks to promote, practice, and provide training and skill development in conflict /crisis management.
Serving the Public: The Case for Formally Professionalizing Court-Connected and Litigated-Case Mediation
Jennifer Kalfsbeek, Jack Goetz
Recognized professions are occupations that: 1) serve the public, 2) possess common ethical codes, 3) self-regulate, 4) require specialized education, and 5) possess authority. Mediation does not meet this sociological definition, yet mediators oftentimes see themselves as “professionals.” Public accountability needs have steered court mediator panels in the United States to establish some requirements resembling those of formalized professions, and market forces are driving litigated-case mediation, as a sub-set of the entire mediation field, towards professionalization. These factors, and greater efficiency in the use of public resources, suggest that society would benefit from professionalizing litigated-case and court-connected mediation practice.
5 Steps for Strengthening Your Marriage
You can make your marriage strong but you’ve got to acknowledge that disagreements are inevitable. Preventing conflict begins identifying what are common conflict points in your marriage. Preventing conflicts also means strengthening your marriage to withstand outside conflicts. This is a faith-based article discussing Biblical viewpoints for strengthening marriage.
Mindful Listening to Enhance Leadership Performance
I am often asked this question: how come that guerrilla fighters, paramilitary leaders and gang members sit down with you and confess to you? More often than not, I respond with a smile and a gentle shrug of the shoulders, but over the past few weeks, as I was designing a new training in effective communication, I pondered that question and wondered about the listening skills I honed in 20-plus years of conflict resolution work in hot spots across the world
The Importance of Mediation in Family Business Management
Managing a business can be difficult enough—but when your in-laws are the board of directors and your sister is the CEO, management of a family business can also become a contentious issue. Problems related to leadership and ownership of family businesses arise in a variety of situations. Sometimes there is a power struggle, other times people feel they have been treated unfairly or do not get enough of a say in the company.
Justify or Just-Iffy?
The other day a friend – I’ll call her Jane – was telling me about an ongoing dispute she was having with a co-worker. She complained about the way her colleague Ted acts, looks, talks, and just about everything else. Clearly, their interactions had deteriorated over time and their current communications are mostly through others.
Stupid Nice Things Good People Say
Why is it that whenever someone shares disappointing or sad news with us our first inclination is to throw on a super-hero cape and deliver the perfect words that will make everything better? No matter our good intentions, what usually happens, though, is that we end up saying really stupid things—meant to be nice and comforting, mind you, but stupid nonetheless. This article shows you a few examples.
Taming the Wild West of Arbitration Ethics
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law has authored an interesting article entitled Taming the Wild West of Arbitration Ethics, Kansas Law Review, Forthcoming. In her article, Professor Blankley examines legal ethics in the arbitral forum.
The Value of No
Fairly early in William Smithburg’s career as the CEO of Quaker, he impulsively bought Gatorade for $220 million because he liked the taste (as the story goes at least). Quaker quickly grew the Gatorade brand and shortly thereafter their $220 million purchase was roughly valued at $3 billion.
Judicial Activism Essential to Make Mediation Mainstream in South Africa
Courts in the UK impose cost sanctions on parties who unreasonably refuse or fail to mediate. In the US, mediation is more firmly embedded in the litigation process, the courts applying varying degrees of coercion to encourage the parties to participate in mediation. In some US states, disputes that fall in a certain category have to be mediated before being litigated. In other states, judges have the discretion to order the parties to mediate. The goal of the UK and US approaches is the same: the optimal use of mediation by litigants and less reliance on adjudication.
After 18 years as CEO of Mediate.com, I know the answer to "Why Mediate.com?" Our purpose from the beginning has been to both reflect and drive the development of valuable mediation services on a global scale.
Collaborative Justice and the Changing World of Mediation
The internet has made the world a much smaller place. As needs change, the world of ADR is constantly adapting to fill needs. American and UK-based forms of ADR used to be drastically different in their approach. However, the two are changing and adopting practices from across “the pond.” The author suggests that there is a movement among both American and UK ADR professionals towards Collaborative Justice where some issues are dealt with using Conflict Resolution practices while other situations may merit Conflict Transformation practices. Practices such as Collaborative Law and Expert Determination are merging with Transformative Mediation, Community Mediation, Victim-Offender Mediation (VOMA), juvenile panels, and others – essentially blurring the lines between the different modesl in an effort to handle issues of catabolic (harmful) conflict.
Mediation Pioneer Richard A. Salem 1930-2014
Dick Salem passed away on March 22, 2014 due to complications from a stroke. He was a mediation pioneer whose career took him from the city desk at the Washington Post to mediating high profile civil rights cases as the Midwest Regional Director of the U.S. Department of Justice Community Relations Service. He was also my father, and I know that it was a distinct privilege for him to serve our field for more than 40 years.
Yes, It Can Be Done: Ten Mediation Program Models, One Online System
When Resolution Systems Institute received a grant from the Illinois Attorney General to develop foreclosure mediation programs across the state, it was our opportunity to practice what we preach. From RSI’s inception, we’ve been telling courts that they need to monitor and evaluate their mediation programs to ensure that they’re providing quality services to those who come to them to resolve disputes. We’ve also been urging them to incorporate the development of a monitoring and evaluation system into their program design process.
Marriage 101 for Family Mediators
Those of us who have been in the trenches of family law practice for decades have lots of experience with bad marriages. We each probably know more gruesome details about marriage breakups than we care to remember. But most of us also know the details to what makes a marriage great.
Facts, Law, and Worldview
Stuart M. Israel
We trust that judges strive for neutrality, objectivity, self-reflection, and humility. Still, sometimes being in court feels like being Nathan Detroit shooting craps with Big Jule, with dice from which Big Jule removed the spots. Big Jule remembers where the spots used to be.
Inspiration or Immunity?
Social media currently advocates people to feel free, empowered, and liberated from regrets and mistakes. This article discusses the impact that social media has on taking responsibility for one's actions. How might this impact participants in a mediation?
Questions About Being in Conflict That Have No Right to Go Away
In his wonderful poem “Sometimes” (from Everything is Waiting for You, 2007, Many Rivers Press), David Whyte refers to questions that “have no right to go away”. I really like that statement and it touched a chord in me. So, considering my fascination with the art of inquiry I thought about using Whyte’s phrase as the title and premise of this week’s blog.
A Lasting Peace: Evidence Shows That Civil Society Matters
Over the last few decades, civil society has been accepted as an important actor i n post-conflict peacebuilding. However, the relative importance and the actual roles that civil society representatives play in the peace settlement process have been the subject of a long debate. On one hand, getting the actual actors involved in a conflict to partake in the negotiation seems like a logical step.
Five Things You Didn’t Know about Arbitration
Arbitration is by no means a new option for resolving disputes. Yet, parties and their counsel may not be aware of everything that this method of alternative dispute resolution brings to the table. Here are five things you may not know about arbitration from members of the JAMS arbitration panel.
A mediator often has to deal with High Conflict people and their defensiveness, and, in the attempt to defuse the situation, the mediation often gets emotionally drawn into the conflict resolution by taking the responsibility of the outcome to be his goal. This article reminds mediators of their true purpose.
How Dating Can Cause Stress For Your Child
Shannon Rios Paulsen
The truth about dating is that it can cause stress for your children. You impact their level of stress by your actions. It is my view that parents must do all things possible to mitigate the effects of the divorce on their children. One easy way to do this is to be conscious of your dating. Dating done wrong has the potential to cause stress for children for three crucial reasons, and they are important to understand.
Michael P. Carbone
The purchaser of any service has to know in advance whether the provider can deliver high quality. If the purchaser happens to be a lawyer, and if the provider will be a mediator, how should the lawyer evaluate the potential provider?
Mediation: The Greeks Have a Word for It
Mediators are fond of pointing out the transformative effects of successful mediation in the world of peacebuilding and so it is with the formation of a new center providing services to working class communities in Greece. In fact, the group of facilitators bringing the center to life call themselves “Team Metaplasis,” meaning “transformation” in Greek.
At Work, Our Mental Models of Conflict Matter
The way we think about conflict matters. These “mental models” of conflict influence the strategies we employ when we are engaged in conflict. Our models are influenced by our personality, life experiences, and general orientation to the world around us. In turn, they impact how others will react to us, influencing the likelihood of reaching more or less constructive outcomes.
Implications for Mediation of Patent Infringement Suits
James M. Amend
Most mediators will agree that a key to reaching a settlement is to have the right people in the room at the mediation. Unless all interested parties are represented by people having the authority to settle on their behalves, settlement is unlikely at the mediation session.
Making Assumptions in Mediation
Jan Frankel Schau
This Saint Patrick’s Day I had a good reminder that a mediator should never make assumptions about matters such as culture, experience or sophistication of the parties before them. The case was brought by a Japanese man who had sued his former employer, an American company, for wrongful termination.
How Do You Get Them To. . .?
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When I spend a day teaching mediators who were originally trained in a
Facilitative approach, many questions start with “So how do you get them
to. . . ?” That question reveals that the asker has a different sense
of what self-determination means than I do. That is, I don’t want to
get clients to do anything. I find that clients tend to do certain
things with my support, but it’s their choice whether and when they do
those things; and it’s their choice whether they want to do . . .