(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.
These articles are a series of summaries from the CDRC Vienna 2015. This article focuses on negotiation tips for competitors, tips that would prove useful in any negotiation.
(7/22/16)Stephanie Rohmann, Nataliya Barysheva
These articles are a series of summaries from the CDRC Vienna 2015. This article focuses on an Austrian and a French mediator sharing their views on negotiation.
These articles are a series of summaries from the CDRC Vienna 2015. This one is a message from a Brazilian CDRC Pioneer to the next year, "Student Competitions like CDRC can change your life, if you know how to be prepared for it!"
(7/22/16)Jim W Hildreth
This post describes another tool that mediators can add tot heir toolbag.
(7/22/16)John Paul Lederach
A blog series from Dr. John Paul Lederach, Humanity United Senior Fellow, exploring the challenges of social fragmentation and conflict with a focus on reconciliation, social healing, and human flourishing.
This article provides a self-reflection checklist for mediators to consider following a mediation.
In his publication, “Are Rules Allowing Arbitral Sanctions a Mirage?,” Mr. Morrow discusses whether an arbitrator may use permissive procedures to impose sanctions beyond those currently available by judicial decree.
Being confrontational will usually do you more harm then help. Here’s a mediator’s tip for how to confront someone and raise an issue for discussion without being aggressive or argumentative.
A recent study out of Columbia University suggests that nice mediators finish last.
(7/21/16)Maria Eugenia Sole
Let's make an attempt to understand the recent events related to the output of the United Kingdom of the European Union from the perspective of contemporary sociology, but not before making a brief review of the paradigm shifts in the social field over the past centuries. En Espanol
(7/21/16)Maria Eugenia Sole
Hagamos un intento por comprender los sucesos recientes relacionados con la salida del Reino Unido de la Unión Europea desde la óptica de la sociología contemporánea, no sin antes hacer un breve repaso sobre los cambios paradigmáticos en el campo social durante los últimos siglos.
Please join Mediate.com in recognizing the importance of effective conversations and mediation by supporting a National Mediation Act. This is the shift in social consciousness, American exceptionalism and American leadership that we and the world now most need.
This is the complete interview by Robert Benjamin with well-known Seattle Mediator Terry Wakeen filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.
(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva
The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.
Canada does not pay ransom to terrorist kidnappers. It only feeds their appetites. The best way to fight this wave of violence is to say no.
Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.
Our intent in a recent training was to provide new mediators training in parenting plan mediation, we received so much more. Over the course of the weekend, I found myself reexamining some of my beliefs about mediation practice.
With expanded participation of women in the workforce, there is a need to adapt the workplace to pregnant and breast-feeding workers.
(7/15/16)Jan Frankel Schau
This was an interesting week. I mediated three contentious, litigated matters. I did something a bit out of the ordinary for that phase of the mediation . . .
There are right ways and wrong ways to say “I am sorry”. Most of us have figured out the wrong ways… by accident.
Someone renting the house across the street from us has been blasting loud music very late at night, and I've been wondering how to deal with it.
A good Integrated Conflict Management System covers a spectrum of dispute resolution practices from formal, to informal, and developmental.
Coming into a role where you are expected to get others to work together efficiently and effectively to create the best possible product or service isn’t an easy task.
Sometimes as part of an investigation, you have to determine whether a policy is inherently flawed or whether a manager is applying it incorrectly – intentionally or not.
(7/11/16)F. Peter Phillips
Richard Nixon was responsible for many teaching moments. One of my favorites is the advance in American appreciation of the difference between the passive voice (“Mistakes were made”) and the active voice (“I made mistakes”).
One of my summer 2016 projects is sorting past articles by conflict resolution skill. I’ve just completed the next on the list: Dealing with difficult behaviors.
You may have heard about the lawsuit that Gretchen Carlson filed against Roger Ailes.
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.
While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.
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.
(7/10/16)Donald T. Saposnek
One of the most typical questions asked of me by parents who are beginning the divorce process is, “What should we tell the children and how should we tell them?”
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 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.
To a hammer, everything looks like a nail; and to litigators, most cases look ripe for litigation. But my generation entered the Scottish legal profession with an additional motivation: if a case runs its full course, it is not just good for our pockets, it is good for the law and good for the country.
(7/01/16)Esther Gomez Jimenez
El impacto de las nuevas tecnologías y en particular el uso de Internet han hecho posible el establecimiento de nuevos métodos para la resolución de los conflictos, y es aquí donde entra en juego la Mediación, pudiéndose la misma desarrollar por este medio.
Every attorney who works as a litigator knows that litigation is a stressful and often frustrating exercise.
In some circles, name-calling is considered to be counterproductive in a mediation session.
Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees.
For decades, non-verbal communication has been lauded as an important part of establishing connection and understanding with others. Now a new study suggests non-verbals aren’t as key as we think.
So one measure of assessment in a grievance or disciplinary investigation is whether the behaviour fell below the standards of the ‘ordinary reasonable person’ in the same situation – the famous ‘man on the Clapham Omnibus’.
(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)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.
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I taught an online negotiation course for the first time this spring.