All Articles


New Articles


John Lande

Non-Apology Apologies

(8/26/16)John Lande 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.
Doug Nathan

Confessions of a Mediator

(8/26/16)Doug Nathan I have a confession and I hope you won’t think less of me for it.
Maria Simpson

So Much Anger to Manage! Part 2

(8/26/16)Maria Simpson “Anger management works – if you’re not angry.”
Ian MacDuff

The Power of the Unexpected Question

(8/26/16)Ian MacDuff 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.
Phyllis Pollack

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

(8/26/16)Phyllis Pollack During the past year, there have been two interesting developments regarding mediation confidentiality.
Beth Graham

The Arbitrator Survey: Practices, Preferences and Changes on the Horizon

(8/26/16)Beth Graham Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.
Michael Aurit

Not Another “How to Choose the Best Divorce Mediator” Article: It’s a Matter of Trust

(8/26/16)Michael Aurit 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!
Robert Benjamin

The Natural Mediator

(8/24/16)Robert Benjamin 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 natural mediator.
Zena Zumeta

Interview with Zena Zumeta

(8/23/16)Zena Zumeta 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.'
Claudia Maffettone

Principles and Practices of Peace and Conflict Resolution in Islam. The Case of Morocco.

(8/19/16)Claudia Maffettone 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.
Donal O’Reardon

What's Wrong with Transformative Mediation?

(8/19/16)Donal O’Reardon “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.
Maria Simpson

So Much Anger to Manage!

(8/19/16)Maria Simpson Everybody seems to be angry lately, and a lot of people are writing about it.
F. Peter Phillips

New Book on Business ADR

(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.”
Lorraine Segal

Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.
Tammy Lenski

How to Navigate the “not my problem” Problem

(8/19/16)Tammy Lenski “That’s not my problem” are four of the most frustrating words to hear when you’re trying to talk through a conflict.
Constantin-Adi Gavrila

What’s In It For Us?

(8/19/16)Constantin-Adi Gavrila 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.
Dan Simon

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon The communication problems that happen in the mediation session might be symptoms of the conflict.
Donald T. Saposnek

Interview with Don Saposnek

(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.
Jeffrey Krivis

The Evolution of Hunters and Gatherers

(8/15/16)Jeffrey Krivis 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.
Shawn Leamon

5 Ways to Decide if Mediation Is a Cost-Effective Solution for Your Divorce

(8/12/16)Shawn Leamon The article provides 5 tips to help people going through divorce determine if mediation is a cost-efficient solution to resolve their divorce.
Bernard Morrow

Power Imbalance: The Challenge of Leveling the Playing Field

(8/12/16)Bernard Morrow 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.
Mervyn Malamed

Conflict Behavior (Not Conflict Personality!)

(8/12/16)Mervyn Malamed Conflict personality, or conflict character, has little to do with effectiveness. Conflict behaviour is what counts, and conflict behaviour can be changed.
Patrick Moulsdale

How Do You Deal with Conflict as a Leader?

(8/12/16)Patrick Moulsdale A unique combination of nature, nurture and life experiences means that every one of us sees the world from a different perspective.
Tammy Lenski

A Quick Little Phrase to Stop Bickering in its Tracks

(8/12/16)Tammy Lenski Bickering, an argument about trivial matters, is one of those everyday bad habits that feeds the growth of destructive conflict in a relationship.
John Lande

A History Lesson in Negotiation

(8/12/16)John Lande 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.
Anna Howard

The Kluwer Mediation Blog’s Summer Quiz

(8/12/16)Anna Howard 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.
Phyllis Pollack

Are We Our Own Worst Enemies?

(8/12/16)Phyllis Pollack 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.
Greg Bond

Brexit And The Tragically Flawed Mediator

(8/08/16)Greg Bond If Brexit were an ancient Greek tragedy, David Cameron would be the tragic hero.
Peter Woodin

Artists, Entertainers and Mediation: Where the paths meet

(8/08/16)Peter Woodin For creative artists, entertainers and performers – whether an author, painter, musician, actor or singer – disputes involving one’s work can be deeply personal.
Beth Graham

Special Masters: A Different Answer to a Perennial Problem

(8/08/16)Beth Graham 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.
Jan Frankel Schau

Appreciating Diversity and Preaching Tolerance in Mediation

(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.
John Sturrock

Further Thoughts on Brexit and Caledonian Antisyzygy

(8/05/16)John Sturrock This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective.
Louise Penberthy

Idiopathic Mutual Irritation

(8/05/16)Louise Penberthy 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?
Jason Dykstra

When Did Asking Questions Become a Sign of Weakness?

(8/05/16)Jason Dykstra 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.
Tammy Lenski

5 Uncomplicated Ways to Gain Psychological Distance During Conflict (And Why You Should)

(8/05/16)Tammy Lenski 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.
Michael A. Zeytoonian

Replacing the “Blame Game” with Something Better

(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
Chip Rose

Interview with Chip Rose

(8/03/16)Chip Rose 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.
Kristen Blankley

How to Make Mediation Safer in Cases of High Conflict

(8/02/16)Kristen Blankley 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.
Stephen Fritsch

For Senior Caregivers, Mediation Is Often a Must

(7/29/16)Stephen Fritsch When it comes time to decide on care for an elderly parent, mediation can help family members make tough financial and life care decisions.
Greg Rooney

Brexit and the Nash Trap

(7/29/16)Greg Rooney The decision to leave the EU has drawn the UK into the Nash Trap.
Maria Simpson

Do Organizations Bully?

(7/29/16)Maria Simpson 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.”
Michael P. Carbone

The Convening and Other First Steps

(7/29/16)Michael P. Carbone It's that time. You've just returned to your office from a case management conference.
Jason Dykstra

Practicing Forgiveness, Holding Boundaries

(7/29/16)Jason Dykstra 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.
Lorraine Segal

We’re All in This Together: Listening to Each Other in Troubled Times

(7/29/16)Lorraine Segal This article discusses hope and despair in the landscape of today.
Robert Benjamin

Game Playing in Negotiation: Part 2, An Inventory of Strategies and Devices

(7/27/16)Robert Benjamin 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.
Peter Adler

A User's Guide to Joint Fact Finding — "JFF"

(7/27/16)Peter Adler Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.
Nina Meierding

Culture & Gender Issues in Negotiation & Mediation (video)

(7/27/16)Nina Meierding This is a video sample from Nina Meierding's seven-hour online course on Culture & Gender Issues in Negotiation & Mediation.
John Paul Lederach

Convincing Violent Groups to be Non-Violent - Video

(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.
Omar Karam

CDRC Vienna: How to Negotiate Your Way to the Top

(7/22/16)Omar Karam 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.

CDRC Vienna: Consensual Dispute Resolution

(7/22/16)Stephanie Rohmann, Nataliya Barysheva 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.
Click here for MORE ARTICLES