Whether two employees are fighting or a disgruntled client is on the verge of leaving, you—yes, you—can step in and help solve the problem. Here are some tricks of the trade.
This article defines conflict coaching, describes areas in which conflict coaching can be used, and illustrates an example of how a conflict coaching process might proceed.
(2/17/17)Armand and Robbin DAlo
When the fire of love feels dead or the threat of divorce is put on the table what is really happening?
(2/17/17)Dr. Lynne C. Halem
Professionals writing about divorce too often reinforce parental fears by recounting, even exacerbating the negative consequences of divorce
(2/17/17)John Fiske, J Anthony Licciardello
Divorce mediators can greatly benefit from reading and having readily on hand this new book by a Certified Divorce Financial Analyst who understands that divorce should be a planning process.
The inmates of Darwin’s Berrimah Prison are shown in a new light in Australia’s first documentary musical. The inmates share their feelings, faults and experiences in the most extraordinary way – through song.
It’s hard to listen deeply from inside an argument.
(2/17/17)Michael A. Zeytoonian
I recently read a Daily Good story about Navajo Indian peacemaking, a seven-step process focused on restoring relationships, a notion the Navajo refer to as “K’e”.
(2/16/17)Larisa Varisco Puerta, Sandra Domine
Al hablar de bullying y acoso escolar en general, siempre suele hacerse referencia a los maltratos efectuados y recibidos entre pares, o incluso de alumnos hacia profesores.
This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(2/10/17)Michael Dwyer, Susan Hansen
This article discusses the new Wisconsin Rule Petition 16-04 that expanded the role of lawyer mediators in family law cases.
(2/10/17)Jim W Hildreth
I'm going to share a little secret, Akexa does meditations and affirmations--and maybe more?
The next time someone declines to take responsibility for words or actions that had a bad impact, don’t immediately assume it’s a flaw in their character.
On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.
Child protection cases involve a child who has been removed from their home following a substantiated claim of abuse or neglect.
At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates.
The article addresses increased rates of divorce and important considerations for protecting one’s self and financial assets and the consequences of failing to do so.
Mediation Trainer Stuart Watson shares the wisdom of the most important elements of a mediation training gained from training new mediators over the last 15 years.
While the exception to mediation confidentiality has a long way to go before it becomes law in California, I sense that the initial work of the CLRC is just about concluded.
Margaret Shaw, a lawyer and pioneer in alternative dispute resolution, died unexpectedly February 2, 2017.
(2/05/17)Adam Halper, Lauren Groetch
To arrive at a successful resolution in mediation, you have to work for it. Mediation is hard.
In the wake of our extremely polarizing election this year, is moderation a virtue today?
This article addresses three common impasses which can become future wins when mediators frame the discussion.
“If you can’t say no, your yes is hollow.”
Direct engagement with a wide range of stakeholders, using the tools of Environmental and Social Impact Assessment, is required.
A member of the Hawaii State House of Representatives has reportedly introduced a bill that would require mediation for certain real estate transactions occurring in the state.
Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.
(2/03/17)Jan Frankel Schau
It is my observation that the bully approach is not effective in mediation, although it may be in court.
On January 17, 2017, our dear friend and Pepperdine Straus Institute of Dispute Resolution colleague Professor John P. (Jack) McCrory passed away.
This is the complete interview by Robert Benjamin with New York based JAMS mediator Margaret Shaw filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
Two theories about conflict, and particularly about means of diminishing conflict, hold promise in understanding the election, though not necessarily in ameliorating the conflicts revealed there.
This paper provides a summary of parental conflict and its consequences for children, a history and definition of parenting coordination and three conflict analysis models to assist working parenting coordinators to better diagnose parental conflict and then select more effective intervention strategies.
The current linguistic environment is instructive, scary, and actually great fun.
Not all disagreements require long talks to resolve them sufficiently.
The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute.
Although the criminal justice system is far from perfect and is sometimes forbidding and difficult to navigate for survivors of sexual violence, its reliability and independence does offer some advantages that could and perhaps should be assumed in on-campus proceedings.
This blog is an invitation not only to the students taking on the roles of client and counsel at the ICC competition, but also to the judges and mediators, to be aware of the unstated, and often unobserved and unrecognised differences between the parties that, despite the common ground of language and process, may well shape the parties’ perception of mediation, commercial relationships, the nature of purpose of mediation, and the design of acceptable outcomes.
In their book, "Designing Your Life," authors Burnett and Evans talk about "gravity problems," things like gravity that you cannot change no matter how hard you try.
This is the complete interview by Robert Benjamin with Clarence Cramer, long-time leader in the field of court-connected family mediation, including the mediation of cases involving domestic violence, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.
Blame is frequently used, whether consciously or unconsciously, in an attempt to assign responsibility for something gone awry.
The nature of conflict has shifted from building understanding, connection and resolution between people to being in service, and pledging commitment to the grander evolutionary process, as nature “has its way” with humans experiencing conflict.
Rather than trying to micromanage and control when I got to use the weight machines or a bench, I wanted serenity and harmony instead of getting my way at others’ expense.
(1/20/17)F. Peter Phillips
As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.
New research is challenging the notion that thinking, problem solving, and decision making take place strictly in the head. And finally giving me some credibility when placing interactive toys in the middle of my mediation table.
Parties in conflict may face a choice among various modes of conflict resolution--litigation, arbitration, mediation, or some other formal or informal process.
(1/20/17)John Lande, Daniel Dilor, Raul Pereira de Souza Fleury
Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.
What is Negotiation? Actually, it is surprisingly difficult.
This is the complete interview by Robert Benjamin with Homer LaRue filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Click here for MORE ARTICLES
Mediators have Four Noble Truths, recited to each new set of parties we work with: “This process is Voluntary and Self-Determined; we are Neutral, and everything said here is Confidential.”