This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
(6/27/16)Dr. Lynne C. Halem
Business partnerships are similar to marriages. Consider the problems encountered by these two very different partnerships.
Many misunderstand what mediation is and mislabel dispute resolution processes. Litigators are urged to educate themselves about mediation, because if you only tell clients about the disadvantages then you are not providing balance either.
This paper considers Scotland’s lack of receptivity towards mediation in the light of its ‘mixed’ legal heritage of both civilian and common law influences. It contrasts the approach to mediation in common law jurisdictions (such as England and Wales and those of the USA) with that of France, where litigation acts like an ‘attracting magnet’.
As a former member of the IRA, and one who admits to violence, Sean O'Callaghan has clearer insights into this concept than a lot of commentators and psychologists who have not gone through this process and, more importantly, rejected it. His comments, made after the violence in France, are equally applicable to Orlando.
(6/27/16)David A. Hoffman, F. Peter Phillips
David Hoffman‘s capacity to lead by inspiration is unparalleled. When you attend a program or lecture by David, you feel as if he’s talking to you over a table, sharing stuff that matters to him in the hope that it will matter to you, too.
Behind closed doors, in more than 500 locations across England and Wales, a network of National Family Mediation (NFM) services are meeting separated couples attempting to resolve their disputes over money, children and property – without a courtroom battle.
How to deal with difficult people? It’s one of the most frequent questions I’m asked.
I taught an online negotiation course for the first time this spring.
Analogizing the puck to the legal and dispute resolution fields, this program addressed where we are going and how, as legal educators, we can best prepare our students to “skate” there.
Brexit: should Britain remain within the European Union or leave? The proponents on both sides have been quite strong in their respective positions accusing each other of exaggeration, if not misrepresentation.
Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.
This is the complete interview by Robert Benjamin with Maxine Baker-Jackson, former Director and Mediator, Los Angeles County Superior Court, Dependency Court, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(6/20/16)Bruce Derman, Wendy Gregson
This article outlines what couples need to do in order to face the numerous dilemmas that are inherent in divorce. If people have not resolved their dilemmas before the divorce, they go through the process trying to manage their fear in different ways by hiding their doubt, responsibility; vulnerability, or dependency.
Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.
In this short piece, I describe a few ways that disputing parties and their lawyers systematically depart from rational decision making. Along the way, I offer tips on how to get productive settlement discussions back on track after being derailed by our all-too-human psychology.
This is the complete interview by Robert Benjamin with mediation pioneer Chris Moore, Founder of CDR Associates in Boulder, CO, and a long time leader in the area of public policy mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Carefully managing negative personal mannerisms can result in a more confident and competent negotiator who is aware of their own and others' negative personal mannerisms and who makes deliberate and conscious decisions about managing them.
The Underwoods, the main characters in the show House of Cards, have been married a long time when we meet them - 26 years - as the series begins. They seem to be a very solid two-person unit, that have things to teach us about balancing personal fulfillment and commitment to the marriage.
I remember one case that broke my heart in which I wish we could have arranged an open adoption.
“Hey Mick, what are you doing hammering on that boulder?” To which Michelangelo responded, “There’s an angel inside and I’m trying to let it out!”
On June 1, 2016, the California Law Revision Commission (CLRC) held its meeting in Sacramento and, as in the past, took up mediation confidentiality as the last item on its agenda.
I’ve just returned from a week in Vientiane, the capital of the Lao People’s Democratic Republic, and that week away gives me both a [slight] excuse for a late blog entry and a couple of reflections on the outsider/observer role of both mediator and tourist.
The breakup of a marriage almost always involves some level of conflict between spouses, but the process of litigation during divorce ratchets that conflict up to a level of devastation for all members of the immediate and even extended family.
(6/08/16)Carrie J. Menkel-Meadow
This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
When consumer disputes evolve, the perception and at times, reality is it's a push-resistance equation. Emotions escalate. Judgments, yet not resolution, rule.
Mediation is about revelling in the pauses, honouring them, leaning into them. It is about slowing down, about being purposeful in everything that is said and done.
Even though it is vital to know conflict resolution skills yourself, it’s also vital to know when to call a third party for help.
I tried to figure out an answer for the client. Then went home and withdrew into myself.
(6/06/16)Ronald S. Kraybill
By adopting practices of interaction largely stripped of symbols and moments to engage Depth, we cut ourselves off from the most powerful source of energy for creativity, connection, and change available to us.
It seems lately everyone is trying to classify disputes. Well, never let it be said that I wasn't one for jumping on the bandwagon.
The C-suite, the Board, senior management – call it what you will, those at the top of an organisation are as prone to conflict as the rest of us. But even more than the staff base, senior management are reluctant to use mediation.
I’ve had repeated requests for the language I use to describe and define common conflict resolution terms like dispute, conflict, mediation, and facilitation. Here’s the language I use and a PDF download suitable for printing.
(5/31/16)Joan B. Kelly, Ph.D.
This is the complete interview by Robert Benjamin with Joan Kelly, well-known clinical psychologist, researcher and founding Executive Director of the Northern California Mediation Center, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
In this article, I will offer a succinct overview of definitions, principles, approaches, opportunities and limits of mediation, a method of conflict resolution encompassing a wide range of practices.
The latest research into apologising will come as no surprise to those who work in the mediation arena.
An endgame is the strategy you plan for how you will play your last hand or your remaining chess pieces or the end of the race to ensure the outcome you want. Sometimes those strategies work and sometimes they don’t, but it’s the plan we put into place to get a desired result, and then we hope it works.
Although public perceptions are important indicators about the functioning of the court system, they are subject to biases and should be supplemented with other indicators.
This article is the talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic.
More evidence that the practice of law has changed in fundamental ways: Employee representatives agreed that they prefer to resolve employer-employee disputes without litigation if possible.
Are you a risk taker? Or, are you a risk averter?
This is the complete interview by Robert Benjamin with Joe Stuhlberg, a leading mediation law professor, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).
This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.
Workplace bullying is a growing international problem. It is more than a one-time incident. It is a pattern of behavior between a bully and another worker which can demoralize, isolate and trigger illness in the target of the bully.
Self-determination (volition), sometimes, means mediation participants get to make ‘bad’ decisions.
(5/21/16)Dr. Lynne C. Halem
Challenging divorce mediation myths, such as whether or not mediation will work if only one spouse can communicate well.
One of the most common illusions that new coaching clients have is that by working with me they can somehow find tricks or techniques to convince the other person to think and behave differently.
What does it mean to hold the space for someone who’s trying to get somewhere different in a conflict?
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SWAT negotiation team discusses whether online technology in gun standoff helped resolve their dispute.