This is the complete interview by Robert Benjamin with Larry Fong, a leading Canadian Family Mediator, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
Una de las inevitables tareas que tiene que hacer cualquier persona que sea analista en conflictos armados, especialmente si está interesada o implicada en negociaciones de paz, es ver las razones que influyeron en la creación del grupo y su opción por el uso de las armas, su evolución al largo de los años, y el discurso que mantienen en la actualidad para justificar la lucha armada o para adentrarse a un nuevo territorio de construcción de paz.
The Amman Message delivered by the Chief Justice of Jordan in 2004 is an extraordinary statement of tolerance and peace and deserves full reading by all who would comment on Muslim affairs. The Chief Justice emphasises peace, security, neighbourliness, coexistence and respect for others.
(4/29/16)Michael P. Carbone
Mediators, like other dispute resolution professionals such as arbitrators and referees, are commonly referred to as "neutrals."
(4/29/16)F. Peter Phillips
A group of sharp and experienced thinkers on the mediation process offered a panel at the recent ABA Dispute Resolution Section meeting in New York before a packed crowd of just-as-sharp practitioners on the topic “Reevaluating the Role of Autonomy in ADR.”
Workplace mediators are able to influence the way the parties approach the content, interaction and process of their conflict. And they do this by selecting an intervention from a “continuum of power and influence” which moves from indirect through direct to coercive.
I used to get into small verbal arguments with other members using the machines, partly out of my own impatience, and partly because they were violating the rules of courteous use.
New research has identified six elements to an apology, and the more of those elements you include, the more effective your apology. Two are particularly crucial to having your apology accepted.
Michael Z. Green (Texas A&M) recently spoke on “Civility and Mediation as Workplace Responses to Conscious Disregard of Racially-Biased Behaviors.” Like this title, Michael’s talk was provocative, stuffed with information, and at once idealistic and critical.
This is the complete interview by Robert Benjamin with Marilyn McKnight, former President of the Academy of Family Mediators and Association for Conflict Resolution, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
(4/26/16)Michael P. Carbone
Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.
(4/26/16)Lee Jay Berman
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.
Our world has over 7.500.000.000 habitants, of which an 85% have access to cellphones. This data confirms that a wide spectrum of the humanity can benefit with the use of ODR, most of all the excluded and the needed. En Espanol
Nuestro mundo tiene en este momento más de 7.500.000.000 millones de habitantes, de los cuales el 35% tienen acceso a Internet y el 85% acceso a telefonía celular. Estos datos nos confirman que un amplio espectro de la humanidad puede beneficiarse con la utilización de las RDL/ODR, sobre todo los más excluidos y necesitados.
The current dispute in Ireland involves multiple parties who all have strongly held positions, based on their values, interests and needs. Does this sound familiar?
Mediation or arbitration of employment disputes is also encouraged to avoid the costs of ordinary litigation, especially the cost of discovery disputes.
RSI wanted to shine some attention on the work we are doing related to the development of the new Child Protection Mediation Program.
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.
What's the purpose of mediation? What are doing when we sit in a room with our clients? It is not that these questions aren't important to practitioners; it's just that we tend to focus on what the clients bring and go from there.
As a child of divorce, a divorced mother of two, and a long-practicing divorce lawyer/therapist, divorce is not exactly something I would advocate for improving a child’s mental health.
In this seemingly endless election season, just about everyone who believes they have any angle at all on making sense of what is going on has weighed in with their analysis. So why not conflict professionals?
Pete Rose failed to have his ban from the sport rescinded recently. He's now been banned from any participation in the sport and inclusion into the Hall of Fame for 26 years and counting. The two sides cannot work through the conflict and it seems counterproductive to both sides' interests.
At the outset of a mediation, the disputants have all the background, the history, and the inside knowledge about the dispute. Mediators must play “catch-up.” This discovery requires good communication skills.
This is the complete interview by Robert Benjamin with Jim Coben, long-time former director of the Hamline University Conflict Resolution Program, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediate.com offers a remarkable set of resources and opportunities. Here is how you can get the most out of Mediate.com without paying a dime.
This is the complete interview by Robert Benjamin with Susan Carpenter, a national leader and author in the field of public policy mediation, filmed for the Mediate.com 'Views from the Eye of the Storm' Video Series.
Caring has much more applicability than compassion. Compassion is only called into being when there is suffering, when things are not going well.
This article deals with some important pillars of life and people’s values and interactions in our personal and professional lives.
In order to reduce the anxiety of conflict and ensure that you hire someone who is a good fit for your case, it is important to consider what questions you want to ask and to enter that meeting prepared.
(4/08/16)Lynne Kinnucan, Patricia Porter
Stop Avoiding Conflict: Learn to Address Disputes Before They Erupt, Pattie Porter's new Minibuk, expands the conflict territory by focusing on the sabotaging effect of conflict avoidance.
When locked in bitter conflict, sometimes people resort to court. This can result in poor outcomes as the court is more limited in terms of solutions that can be ordered.
How do you reduce resistance? What are the best ways to handle difficult people?
A casual look around the room at any major mediation conference will quickly confirm that women and minorities are still significantly under represented.
The goal of the GPC Series 2016-17 is to provide the core global data needed to address the causes and remedies of user dissatisfaction with dispute resolution.
(4/04/16)Karen Aurit, Michael Aurit
Three years have passed since the words “child custody” have been spoken in an Arizona courtroom. They have not been missed.
This is the complete interview by Robert Benjamin with Bernie Mayer, co-founder of CDR Associates in Boulder and an instructor at Creighton's Werner Institute, filmed for the Mediate.com's 'Views from the Eye of the Storm' Video Series.
The first Global Pound Conference event was held in Singapore on March 17-18. Over 400 people participated in the event. Attendees came from all over the world including the U.S., Australia, New Zealand, Japan, China, Pakistan, Great Britain, Fiji, and more.
A couple of recent experiences as a consumer of mediation services have made me wonder whether the practice is living up to its full potential.
It is the sense of procedural justice where mediation’s value lies for homeowners who ultimately end up moving out of their homes.
Everyone understands the need for wider representation, diversity and inclusion on a Board of directors.
Mediators, like judges, encounter ethical issues when dealing with a pro se party facing a represented party. If they try to compensate for parties without counsel, they run the risk of compromising their impartiality.
Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears.
Humor and laughter can be a valuable tool for defusing the tension brought on by conflict.
As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!”
In this blog, I’ll offer three observations about technology and one about a very non-technological aspect of mediation from the Global Pound Conference.
(3/29/16)F. Peter Phillips
A recent decision of the Supreme Court of Nevada addresses the question whether a party’s ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.
This video produced by CMP Resolutions quickly describes a sample grievance process.
(3/29/16)Michael A. Zeytoonian
“I want my day in court.” “I was wronged and something’s got to be done about it. We need to fix this.”
One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court.
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Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common.