People commonly rely on word of mouth to choose a lawyer, dentist, architect, accountant, surveyor, physician or just about any other professional. Selecting a mediator by word of mouth, however, is most likely not your best choice for a number of reasons.
Resolving Disputes can be as simple as . . . keeping it simple! A common key to resolving conflicts is to find the initial trigger.
All the negotiation texts I reviewed refer to BATNAs for developing negotiation strategy without mentioning the more useful concept of MLATNAs. Hopefully, you are at least aware of the latter – the most likely alternative to a negotiated agreement (not just the best alternative).
A jargon-free FAQ for people who have been asked to take part in a workplace mediation. What is mediation?
Has a young aspiring mediator ever approached you—as someone they look up to as an experienced professional—and asked, "I want to become a mediator. Can you give me some advice? Do you think I can ‘make it’ as a mediator?"
If you are looking for a inspiring read, consider 'Women at The Hague: The International Congress of Women and Its Results' authored by three American women: Jane Addams, Emily Green Balch and Alice Hamilton. I have two copies. An original published November 1915 by Macmillan Company. The second is a soft-cover published in 2003 by the University of Illinois Press with an enriching preface by Professor Harriet Hyman Alonso, City College of New York.
Marshall Peter is soon retiring as Director of Direction Service in Eugene, Oregon. Marshall is perhaps best known to the mediation field as the founding Director of CADRE, the National Center on Dispute Resolution in Special Education, established in 1998. Here is a video tribute to Marshall well worth your watch. Marshall has shown us just how much positive change a person can bring to both our local and national communities.
Many people go into a divorce with swords pulled. They want to get even. They want to punish their spouse for making them feel bad. Humiliated. Depressed. When divorce is not your idea, you may even go into a classic defensive “stall mode” to try and drive the other person a little crazy with angst.
I have gotten emails from dispute resolution colleagues asking what we, in Missouri’s dispute resolution center, might do (or might have done) to help manage the conflict at our university more constructively.
Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases.
In her book chapter, Professor Amy Schmitz analyzes online dispute resolution in the context of both international and domestic business-to-consumer transactions.
’m frequently asked about my favorite tips for staying calm in an argument. While there’s no magic remedy that will work in all the moments that test us, there are practices I’ve returned to again and again in my work and that are well-supported by credible research. Now I’ve put them together in a free downloadable ebook for you to use in your own life and, if you’re a mediator or coach, with your own clients.
Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly challenging – academics still refer to public policy as the “unruly horse”.
Based on the many, many mediations I have conducted, I have found that one of the biggest obstacles to resolving a lawsuit is the lack of preparation. The attorney representing the party and/or the party have not given any real thought to what it will take to settle the case or even if or why they want to settle the case!
Why do old, dysfunctional patterns for handling conflict re-emerge and persist in the workplace, even after providing training, policies or procedures for resolving differences constructively? This vexing phenomenon—a return to the status quo–plagues conflict professionals and team leaders alike. This is a podcast with Michael Dues.
With over 40% of Mediate.com website traffic now on phones, we are proud to announce our new mobile friendly website. Our new site brings each and every Mediate feature to your phone and tablet (as well as your computer). Critically, Mediate's new site also brings our geographically sensitive marketing features to all devices.
Now celebrating our 20th Anniversary, Mediate.com has been recognized as a "Top 10" Attorney Directory by Attorney Rankings
. Mediate.com is the overall 9th ranked attorney directory and the only mediation or ADR directory listed.
Nuestros hechos son más convincentes que nuestras palabras. Está comprobado que el lenguaje no verbal tiene un mayor impacto en las personas que reciben un mensaje.
The Parenting Plan is the parental agreement setting out how the children will be cared for between separated parents. Essentially, the Parenting Plan is the road map that separated parents will follow for the raising of their kids.
(11/09/15)William Levine, Chouteau Levine
These authors assert that most of the traditional values and styles that guide divorce mediation are still applicable.
Thomas Manfield offered UK employees the chance to submit some of the most disturbing things they had overheard in their workplaces. The research found that rude and insulting remarks are still very much commonplace in offices today.
A Bexar County Probate Court Judge has reportedly asked the parties engaged in a high profile battle over a trust valued at nearly $1 billion to engage in mediation. In the case, the 88-year-old owner of the National Football League’s New Orleans Saints and the National Basketball Association’s New Orleans Pelicans, Tom Benson, and his only daughter are apparently at odds over control of the assets that were placed in trust by Benson’s late wife who sadly passed away in 1980.
Following are two interesting and recent federal court rulings related to arbitration.
In conflict, professionals often believe that containment, suppression and an efficient settlement are needed. That is, they try to make the conflict go away, just as physicians try to make disease go away.
Litigation is similar to an unfinished building project: the community has to live with something that is ugly; that is enormously wasteful; and that has been sitting there unfinished for a long time. Its continued unresolved status satisfies neither those opposed nor those in favor of the project.
The other day, I came across a case argued before the U. S. Supreme Court on October 14, 2015 involving both of these issues. It caught my interest because the questions presented to the U. S. Supreme Court are; (1) whether a case becomes moot when the plaintiff receives a settlement offer that provides full and complete relief on his claim; and (2) Does such an offer of complete relief on his claim moot his class claim where that class has not yet been certified?
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.
This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
The following is the account of my experience with Mediation.com. Writing this is a bit cathartic and I apologize in advance for the length. It is my sincere hope that these efforts in exposing this sham of a company will be successful, saving others from Mediation.com's fraudulent practices and gross misrepresentations.
This is the complete interview by Robert Benjamin with Jay Folberg filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
This article discusses a conversation between a Social Psychologist, a politician and community leaders.
(10/30/15)Denise Arellano, Marshall Rosenberg
This article is a book review of the Nonviolent Communication. It details how to have healthy communications with those all around us in a variety of settings.
If you get hung up on the quantum of time with your partner and your children, you may lose sight of the quality of your relationship now and for the future.
This article addresses the stark differences Judge Judy-type courtrooms and mediation.
(10/30/15)Heather Scheiwe Kulp
This is the second in a five-part series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and to give us tools for both combating the fallacies and responding with more positive advice.
In order to be effective, trainee mediators need to unlearn much of what they think they already know.
Texas’ 13th District Court of Appeals has ordered an employment discrimination lawsuit to arbitration.
This is the complete interview by Robert Benjamin with Nina Meierding filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(10/23/15)L. Randolph Lowry
This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
This article teaches us how we as mediators should respond to workplace conflict, by understanding the interplay between the company, its employees, and the neutral.
This article discusses the Hague Convention on child abductions. It gives an update on dealing with children in international custody negotiations.
First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds.
A lot of people cringe when they even hear the word “conflict”, especially at their workplaces. But the truth is, conflict is a natural part of human interactions, and it won’t go away even if you close your eyes and wish really hard!
In conflict, professionals often believe that containment, suppression and an efficient settlement are needed. That is, they try to make the conflict go away, just as physicians try to make disease go away. But single-minded focus on ending the conflict can have very unpleasant side effects, just like excessive medical treatment can.
Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable).
The feeling of settling in has clear value for those of us involved in mediation, but it poses risks as well.
I’ve heard the following five common beliefs about conflict repeatedly during my two decades as a mediator, coach, and conflict resolution teacher. All five miss the mark in important ways and we should stop repeating them.
Gerald F. Phillips, attorney, ethicist and philanthropist, passed away on October 19, 2015 in Los Angeles, CA surrounded by his devoted family. He was 90 years of age. Funeral services will be held on Thursday, October 22, 2015 at 1:00pm at Hillside Memorial Park in Los Angeles, CA
(10/19/15)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.
(10/18/15)Kathleen O'Connell Corcoran
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A well-known psychologist offers suggestions for what parents can
do to support their children's comfort and adjustment to the many
realities of divorce.