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



Alessandra Sgubini
Managing the Cost of Conflict (5/22/15)
Alessandra Sgubini
Conflict is a common occurrence in society. It arises everywhere, among different types of parties, in different parts of the world, and for different reasons. If conflict is not addressed properly it can escalate and degenerate leaving serious consequences in its wake. This article explores the true costs of conflict, methods to address conflict, and how to prevent conflicts from escalating in the first place.

Dr. Lynne C. Halem
The Good Divorce (5/22/15)
Dr. Lynne C. Halem
“What is a good divorce?” you ask. “After all, divorce is not a good or a happy event.” Correct you are. Divorce cannot be logically characterized as “good,” if we are referring to the event itself. Divorce is a time of sadness, even regret; it symbolizes the end to dreams once held. “ So,” you ask again,” how can a divorce be good?”

Meredith Richardson
Outwitting Cognitive Dissonance (5/22/15)
Meredith Richardson
We like to believe that we are rational beings who make rational decisions. Sometimes, we are. And sometimes, we are not.

John Lande
Recipes for Success (5/22/15)
John Lande
I love the cookbook that Andrea and 1001 chefs wrote, Cooking Up a Deal: Negotiation Recipes for Success. It’s a wonderfully short and fun piece to assign for the last day of class.

Beth Graham
Checkmate: Early Moves Define Negotiation (5/22/15)
Beth Graham
The Litigation Section of the State Bar of Texas recently published Don Philbin’s article entitled “Checkmate: Early Moves Define Negotiation Outcomes” in its newsletter. In his article, the Chair of the Texas Bar’s ADR Section discusses the insight predictive analytics can provide to negotiators.

Deborah Masucci
The 2016 Global Pound Conference Series! (5/22/15)
Deborah Masucci
In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1


Waiving the Right to Arbitrate in the United States: Should the Prejudice Requirement be Discarded? (5/22/15)
Jack Wright Nelson
The Sixth Circuit Court of Appeals recently ordered a fund management committee (‘SBC’) to arbitrate its dispute with Navistar International (‘Navistar’) – at Navistar’s request – despite the fact that Navistar refused SBC’s own request for arbitration, ignored SBC’s formal notice of arbitration, and then litigated SBC’s claim in court for over a year.

Tammy Lenski
Control Your Emotions Better by Labeling Them (5/22/15)
Tammy Lenski
If you want to control your emotions better during difficult conversations, do something counter-intuitive: Give up trying not to feel them. Instead, put a label on them. Recognizing and naming an emotion can have a powerful effect on quelling it. Psych professor Matthew Lieberman, author of Social: Why Our Brains Are Wired to Connect, calls it “affect labeling.” You can use affect labeling to help yourself and others.

Joe Markowitz
The Art of Negotiation (5/22/15)
Joe Markowitz
A long time ago, when I was fairly new at law practice, I represented a plaintiff in a contentious sexual harassment case against a large company. After a series of pre-trial battles, the defendant's counsel opened the door to the possibility of settlement, throwing out an insultingly low-ball number. I wasn't sure how to respond.

Phyllis Pollack
The Simplest Way to Negotiate (5/22/15)
Phyllis Pollack
I have mediated over 1400 matters. Thus, I have seen parties approach negotiation in a myriad of ways; some appear to be “winging it” while others appear to have some sort of strategy in mind. The common thread appears to be “self-interest” or how can each party get the best deal possible. Yet, pursuing one’s own self-interest at the expense of the other party often leads to poor results for both parties.

Larry Susskind
Evaluating a Consensus Building Effort (5/22/15)
Larry Susskind
I worry a lot about how to evaluate the success or failure of consensus building efforts in which I get involved. When I try to convince someone in a position of responsibility to commit to consensus building, I need to tell them how they'll be able to gauge the results.

Uma Ramanathan
Advocacy in Mediation (5/21/15)
Uma Ramanathan
Advocacy is recommendation of a cause. Advocacy presupposes a difference of opinion or a conflict and the need to clarify the ‘knot’, get to understand the root cause and then acknowledge consequences. Mediation advocacy pre-supposes support by the mediator for resolution and projection of a cause by the counsel/ party.

Michael Aurit
We Are The Future of Mediation (5/18/15)
Michael Aurit
How will the future of mediation matter if a new generation of young mediators is not encouraged and carefully shepherded into our profession? Here’s to a future where we all may learn from one another, unite to overcome our profession’s greatest obstacles, and create the future that we imagine.


The 2016 Global Pound Conference Series! (5/17/15)
Deborah Masucci, Michael Mcilwrath
In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what might be the “greatest reform in the history of the country’s judicial system “. Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate in a series of unique thought leadership events around the globe under the auspices of a Global Pound Conference (“GPC”) series. The GPC has a remarkable goal: to shape the future of dispute resolution and access to justice in the 21st Century.


What Is A Humanistic Approach to Mediation? An Overview (5/15/15)
Mark S. Umbreit, Ted Lewis
A humanistic approach to mediation developed in parallel to the transformative approach to mediation in the 1990's. While fully harmonizing with transformative mediation, a humanistic approach brings several additional emphases that can deepen the work of mediators in both dispute resolution and restorative justice work. The 'human-element' is highlighted by giving greater attention to several humanizing capacities in mediation.

Charles Hill
More Online Mediation Needed Before We Can Measure Effectiveness (5/15/15)
Charles Hill
The author suggests that a larger number of cases must be mediated online before determining the effectiveness of any online methodology. The author draws similarities between the advantages and disadvantages often cited for online education and online mediation and contends that what we’ve learned in education can readily carry over to mediation.


Unbroken Circles for Schools - Book Review (5/15/15)
Ken Johnson, Barb Caffrey
"Unbroken Circles for Schools" is an excellent nonfiction read about conflict, social justice, and restorative justice. Mr. Johnson's premise is that our criminal justice system is doing juvenile offenders a grave disservice. Rather than sending juvenile offenders into the prison system (where they mostly learn only to re-offend), we need to teach the principles of restorative justice instead -- and where else should these principles be taught but in the schools?

Belinda Jokinen
Divorce Mediation is a Waste of Time (5/15/15)
Belinda Jokinen
I’ve heard it so many times. My clients say that mediation won’t work for them. The most common reason they give is that the other party (ie: {exes} spouse or significant other) won’t agree to anything reasonable. The second most common reason given is that they will only do something if forced to by a Judge. Both are absolutely right.

Gary Direnfeld
Differentiating Between Mediation, Med/Arb and Parenting Coordination (5/15/15)
Gary Direnfeld
There are only so many options available for separated parents to settle their parenting disputes in a way that minimizes lawyer involvement. Chief among them are: Mediation; Mediation/Arbitration (Med/Arb); and Parenting Coordination.

Katherine Graham
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights (5/15/15)
Katherine Graham
Judith Resnik, Arthur Liman Professor of Law at Yale Law School, has published “Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights,” 124 Yale Law Journal 2015. In her article, Professor Resnik provides a different perspective regarding the effect recent Supreme Court precedent pertaining to class waivers has had on arbitration in the United States.

Dan Simon
The Meanings of May Fourth (5/15/15)
Dan Simon
My social media feed was filled with clever posts yesterday (May 4th, 2015.) The Stars Wars geeks in my life are many and so were the “may the fourth be with you” memes. But every time I saw “May 4th” a very different image came to my mind. In 1970, four students were killed and nine others wounded by gunfire from the National Guard at Kent State. I went to Kent State in the 90’s, not knowing much about the events of May 4th.

Phyllis Pollack
Beyond “Being Difficult”! (5/15/15)
Phyllis Pollack
Recently I read an article about two lawyers assaulting each other during a deposition being conducted in the courthouse. Two attorneys were arrested and charged with simple assault on Wednesday after they got into a heated dispute that turned into a fist fight at the Bergen County Courthouse in Hackensack, authorities and witnesses said.

Stephen Erickson
Where We Have Been, Where We Are, and the Road That Lies Ahead (5/11/15)
Stephen Erickson
Looking back as one of the early professional family Mediators, I believe we are a movement developed out of reaction to the excesses and misadventures of the way divorce was practiced in the early 1970s. Most of the early pioneers I worked with turned to divorce mediation out of frustration with the negative results of adversarial litigated divorce.


Getting to Yes – With Yourself -- Book Review (5/08/15)
William Ury, John Sturrock
“In the morning when I look at myself in the mirror, I like to remind myself that I am seeing the person who is probably going to give me the most trouble that day, the opponent who will be the biggest obstacle to me getting what I truly want.”

John Lande
Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes (5/08/15)
John Lande
We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel morally affronted by litigation, but that doesn’t mean that the litigation (and its attendant ADR processes) isn’t warranted or socially beneficial.

Sam Imperati
Video Presentation: 50 Ways to Break an Impasse: Tips, Tricks, Traps and Tools (5/08/15)
Sam Imperati
Parties and advocates can flounder in the intersection of logic and emotion. What if the parties’ goals are “distributive” and their “interests” are legal arguments? What if the participants are aggressive, intransigent and obnoxious? A “transformative” mediation would involve an exorcism, but that seems a bit “evaluative.” A “facilitative” mediation would require a PhD. This program will focus on “nuts and bolts.” Learn tips to dispense “reality therapy” and reach closure in the face of apparent impasse. Explore the psychology of decision-making, and learn practical tools for resolution. Learn tricks to reach settlement.

Robert Benjamin
Video Presentation: Game Playing in Negotiation and Mediation - Machiavelli’s Place At the Table (5/08/15)
Robert Benjamin
While often dismissed as disingenuous, irrational, or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies. The behavior offers participants protection and provides a lubricant for collaboration which can allow difficult issues to be managed constructively and creatively. This interactive workshop will offer an inventory of common strategies and devices, their applications, benefits, risks, and ethical limits.

Beth Graham
Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses (5/08/15)
Beth Graham
Our systematic examination of 329 of the world’s largest social media providers reveals that 29 percent of these providers require users to submit to predispute mandatory arbitration as a condition of using their services.

Jason Dykstra
When Did Asking Questions Become a Sign of Weakness? (5/08/15)
Jason Dykstra
If you’re anything like me, you’ve probably also reacted poorly to a co-worker or an individual you manage. A quote by Edgar Schein recently jumped out at me when he said, “We are biased toward telling instead of asking because we live in a pragmatic, problem-solving culture in which knowing things and telling others what we know is valued.” We don’t have to look too far or hard to see what Schein is saying. Our bosses tell us what to do, our family and friends tell us what they would do in our particular situation, and each “expert” has an answer for us at the tip of their tongue.

Bruce Friedman
Mediation Impasse-Busting Techniques (5/08/15)
Bruce Friedman
There comes a time in every mediation when negotiations reach an impasse. Negotiations can stall at the outset of a mediation when the parties are unwilling to bargain with one another either because “it is the other side’s turn,” “we won’t respond to that outrageous demand” or “we won’t accept that insulting offer.”

Kimberly Ackmann
Bringing Court ADR Programs into the Courtroom (5/08/15)
Kimberly Ackmann
As the RSI foreclosure mediation team continues to incubate foreclosure mediation in Illinois, we have explored a variety of ways to reach out and connect with homeowners who could benefit from our programs’ services. One approach has been to establish our programs’ presence at the courthouses where homeowners are attempting to navigate the foreclosure process. Going to court can be an overwhelming or intimidating prospect for homeowners facing foreclosure.

Andrea Maia
New Winds from Brazil (5/08/15)
Andrea Maia
In the late 90’s in Brazil, a sudden interest in Mediation started to develop under the influence of the newly enacted Argentinean legislation (1995). Unfortunately, just until a few years ago, mediation had grown at a very slow pace, with a few advocates effortlessly lobbying for its widespread implementation and for a local legislation.

Tammy Lenski
Conflict Resolution Activities: The Fist Press (5/08/15)
Tammy Lenski
When I’m mediating, coaching, or training, there are moments I want to illustrate why resistance builds up. There are moments I want to help someone understand in a quick and visceral way that pushing their agenda relentlessly is contributing to getting things good and stuck.

Phyllis Pollack
The Slippery Slope (5/08/15)
Phyllis Pollack
Everyone enters into a negotiation with the intent to be honest. But- ay- that is the “rub”. One party’s (“Jane”) definition of “honesty” may be different than the other party’s (“Mary”). Why? Research has shown that one’s honesty will vary with the environment.

Marilyn McKnight
Professional Divorce Mediation and The Future (5/08/15)
Marilyn McKnight
Today it really is a “Back to the Future” for me. Divorce Mediation will become the primary way to divorce. Divorcing families will become healthy and resilient, no longer harmed by adversarial divorce.

Boroka Ganyu
Conflict and the Mediator: Peace Within – Redefining Interpersonal Conflict (5/08/15)
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.

Sam Imperati
Ironically, Bush and Folger are Evaluative (5/04/15)
Sam Imperati
There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination. Their article attempts to redefine mediation in their own image. I push back at their attempt to elbow out any mediator that does not adhere to their transformative philosophy. No single approach has cornered the market on mediation, nor should it. Our collective approach to mediation should not be shackled by rigid doctrines; it should be varied and flexible, adapting to the desires of the parties we serve. This is real Self-Determination.

Maria Volpe
Mediation in the Future of Policing (5/04/15)
Maria Volpe
The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.

Don Cripe
Divorce: Emergency Tumor Removal Surgery (5/01/15)
Don Cripe
Analogizing health care with other emergent situations may be a stretch to some, but it is valid. Couples on the bumpy glide to divorce are almost always in pain; they are facing one of the most dramatic life changes they will ever experience (some social scientists liken divorce to the death of a family member); the finances of the crisis are always a concern; and life after divorce will be disrupted for an indefinite time.

Donal O’Reardon
Conflict and Psychological Development: “Six Stages of Conflict Reasoning” (5/01/15)
Donal O’Reardon
In the 1960’s the psychologist Lawrence Kohlberg (1927-1987) listed six stages of moral development. Kohlberg says these stages can’t be jumped, you have to go through them in order. And they are universal, they apply no matter what culture you’re in. With a little thought we can link these to conflict and conflict resolution. Kohlberg’s stages don’t only tell us about a person’s moral reasoning, they also tell us what kind of conflict they get into and how we can help them to deal with it.

Andrea Schneider
Instead of Eliminating Negotiation, How About Eliminating Backlash? (5/01/15)
Andrea Schneider
Reddit announced that they will no longer negotiate starting salaries (in order to avoid gender bias). The Program on Negotiation followed up Ellen Pao’s gambit noting three problems with her approach: (1) women aren’t the problem (it’s the backlash and societal expectations that are the problem)l; (2) negotiation isn’t a competition; and (3) forbidding negotiations could backfire (people will go elsewhere for their jobs.)

Katherine Graham
Good Practice Framework (5/01/15)
Katherine Graham
“Universities should include mediation in their framework for handling student complaints,” says the IOAHE – and so say all of us at CMP! 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.

Richard Birke
Federal Arbitration Case Update | Bound and Determined (5/01/15)
Richard Birke
APMM contracted with Noatex to build a building and Noatex subcontracted with King. When Noatex deemed King’s work inadequate, King filed a stop work notice and informed APMM that Noatex owed King $260,000. This matter resulted in APMM’s interpleading the money while the federal court in Mississippi figured out who was entitled to what.

Joe Markowitz
Applied Decision Theory (5/01/15)
Joe Markowitz
Richard Birke, a law professor at Willamette University, gave a talk at the ABA Dispute Resolution conference expressing frustration with the term "Alternative Dispute Resolution." The term is too limiting to describe the many ways that the skills of negotiation, mediation, and other forms of conflict resolution can be applied in practice.

Tammy Lenski
Just Be Reasonable (5/01/15)
Tammy Lenski
When a person is very angry, the part of their brain associated with being reasonable and articulating reasonable thoughts more or less shuts down. Closed for business. Sign on the door — go away, can’t do this right now.

Ian MacDuff
On Inquiry (5/01/15)
Ian MacDuff
This blog entry arises not so much from any mediation, but from one aspect of regular social encounters that is all too normal a part of negotiation and mediation. As the title suggests, it’s about the role of inquiry, asking questions – not merely gathering information, but going beyond that in the expression of interest in one’s social contacts and especially the other disputant.

Jim Melamed
Computer Uses in the Law Office - Yesterday, Today, and Tomorrow (4/29/15)
Jim Melamed
With the technologic advances over recent decades and their remarkable acceleration, it is clear that the legal profession needs to play a bit of catch-up by asking ourselves how can we best utilize all available communication capacities to elevate and expand the delivery of valuable legal information, advice, and services. Dream big! The future is not what it once seemed.

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.

Click here for MORE ARTICLES



Mediation Futures Project

Copyright 1996-2015 © Resourceful Internet Solutions, Inc. All rights reserved.
(877)
Family / Divorce
William Donahue, Jr., Esq., APM
List Here
Change Area Code:  

The Master Agreement