Interview of the Week with Chris Moore (2/07/12)
Chris Moore This is the complete interview 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 "The Mediators: Views from the Eye of the Storm" Series.
Mic Check (2/06/12)
Bill Withers What if those who would change the world engaged in a conversation about what will replace whatever we want to tear down? What if protest included conversation? What if people who read this bravely begin talking to me and to others about it?
Woody and Pop Urge Mediators to be Compassionate Peacemakers (2/06/12)
Ewan Malcolm In San Diego, at the 2011 ACR Conference, key note speakers Forrest ‘Woody’ Mosten and Father Greg ‘Pop’ Boyle both spoke inspiringly and in distinctly different ways about the power of compassion in the work of conflict resolvers. Ewan Malcolm observes that despite their contrasting styles, the core message from both of these pioneering entrepreneurs was the same; that compassion is a fundamental attribute of successful mediators.
Third Culture - Creating a Climate for a Successful Mediation (1/30/12)
Dave Aschaiek In “Cultural Competence – Transcending Culture Differences in Mediation,” cultural competence was described as an indispensible capability in a mediator’s toolkit. Cultural competence was presented as the ability for a mediator to not only identify, acknowledge and explain cultural influences on parties within a dispute, but to also transcend the cultural differences in a way that serves the dispute resolution process.
A Mediator's Reflections on the Occupy Movement (1/30/12)
Grace Eagle Reed The police in Portland, unlike other cities of its size, became national examples of progressive community policing during the Occupy Movement. By calmly responding to the conflict around them, they are open to ongoing community feedback, are continuing to look for ways to do a better job and are using better judgment when they have to restrain protestors. Their patience and openness is appreciated by all involved. It is also the perfect example of a counter-story peacefully challenging the accepted stock story, for the betterment of all involved.
High Conflict Mediation and Ethics (1/30/12)
Ann Begler Working with high conflict people requires skill that goes well beyond facilitating a conversation. Some mediators do it well and some should never try. If a mediator sees it as his or her responsibility to make a fair assessment about competency in this regard, everyone is well served – clients, mediator and the system, itself.
Mediation Works, But Will it Play in Macedonia? (1/23/12)
Michael Diliberto The article describes the status of mediation in the Republic of Macedonia and the cultural issues that affect whether or not the Macedonian judicial system should adopt compulsory mediation. The article also provides persuasive alternatives from other jurisdictions that are used to encourage mediation.
We Stumble...But Love Never Fails (1/23/12)
William Scott Harralson, J.D. At the age of 28, I began volunteering as a shop steward with the Office and Professional Workers Union (AFL-CIO). Countless hours were spent listening to the concerns of aggravated employees and their equally frustrated supervisors. The common thread running through our discussions involved disciplinary action initiated by the employer. The other recurring issue was unfavorable employee performance evaluations. It was my job to navigate between both sides in hopes of negotiating a settlement before things escalated to the point that a worker elected to file a grievance or charge.
Going Deeper in Mediation (1/23/12)
Rachel Fishman Green, Esq. This article looks at going deeper in mediation. Specifically, how to resolve zero-sum divorce disputes through mediation. This case study examines detailed scenarios and arguments that often arise in divorce mediations.
Lawyers’ Resistance in Construction Mediation (1/16/12)
Bryan Clark The interaction between lawyers and mediation has long been a controversial one. Rivers of ink have been spilled on the issue. Opinions, when expressed, are often sharply divided. The debate raises many questions, such as: Do lawyers resist mediation?
The Link Between Weather and War (1/16/12)
Christine Tsai Christine Tsai examines a new whether there is a link between weather and war. She looks at the data to see if there is a correlation between weather patterns and high conflict.
Ray Shonholtz: Visionary and Model (1/10/12)
James Melamed It was during the time of Ray Shonholtz transitioning from being the founding director of San Francisco Community Mediation Boards to his founding Partners for Democratic Change that Ray and we worked together. Ray was interested in my thoughts on technology and organizing. He wanted to know how we could help the emerging Eastern European Republics, fresh on the heels of the Soviet Union crumbling. What resulted was the opportunity of a lifetime.
Guest Blogger! Ray Shonholtz on Occupy Wall Street (1/10/12)
Brad Heckman Folks, enjoy my very first guest blogger, mediation visionary Raymond Shonholtz, founder of Partners for Democratic Change and Community Boards. Ray based this post on his keynote address at the Oregon Mediation Association conference on November 4th.
Towards Crowdsourced Online Dispute Resolution, Part 3 (1/01/12)
Jaap Van den Herik, Daniel Dimov Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. How should eBay solve otherwise 60 millions disputes per year? (This is a Part 3 in a 3-part series.)
Interview with David Hoffman (12/27/11)
David A. Hoffman This is the complete interview with
David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Teaching Conflict Management Courses: Part 3 (12/19/11)
John Wade This is the third in a 3-Part series that discusses the Dispute Resolution teaching profession. This section focuses on the "repeat" clients of students; and how to take care of them after they have finished the course.
Tip Sheet on Selecting a Mediator (12/19/11)
Nancy Kramer Think about what you want. Primarily, negotiation assistance, of course. Do you also want a neutral evaluation of your case and an informed guess as to probable outcome (i.e., an evaluative mediator)?
Interview with Roger Fisher (12/19/11)
Roger Fisher This is the full interview with
Roger Fisher, author of "Getting to Yes" and other negotiation and dispute resolution books and lead faculty at the Harvard Project on Negotiation, filmed for the Mediate.com Eye of the Storm Video Series.
Peter Adler Honored by The Keystone Center (12/14/11)
James Melamed After serving as President of The Keystone Center for a decade, Peter Adler is soon leaving to return to Hawaii. An unauthorized, somewhat scandalous video honoring Peter for his service to Keystone and the world has leaked out and is "must see." This is a touching tribute to one of the world's true leaders, Peter Adler.
Mediation in Italy (Part 2) (12/12/11)
Alessandro Bruni Alessandro Bruni discusses the status of mediation in Italy. This article, the second in a two-part series, examines specifically the consequences of a government-regulated approach to mediation.
Changes to the Mediate.com Directory (12/11/11)
James Melamed Changes are taking place with the Mediate.com Directory. With over 14,000 daily visitors, the Mediate.com Directory is the most utilized mediator directory in the world. Beginning December 20, 2011, only Premium Members will appear in the Mediate.com Directory. Premium Member directory listing opportunities have also expanded, including the ability to include a video in your directory listing.
Interview with Ken Cloke (12/11/11)
Kenneth Cloke This is the complete interview with Ken Cloke, prolific author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Teaching Conflict Management Courses: Part 2 (12/05/11)
John Wade What follows are a few thoughts to prompt discussion among people involved in education in the field of conflict management. They are based on anecdotes and experience of the writer working in the DR field as a teacher, lawyer and mediator for several decades. This is the second in a three-part series, analyzing dispute resolution program uniqueness and career options.
Collaborating: The Most Complex and Least Understood Mode (12/05/11)
Ralph Kilmann Even though collaboration sounds ideal to most people, because it promises a win-win outcome,
it can be used successfully only under the right conditions. There
are more conditions that determine whether the collaborating mode will
achieve its potential than is the case with any other conflict mode.
Interview with Joan Kelly (12/02/11)
Joan B. Kelly This is the complete interview 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 "The Mediators: Views from the Eye of the Storm" Series.
Towards Crowdsourced Online Dispute Resolution, Part 2 (11/28/11)
Jaap Van den Herik, Daniel Dimov Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. This article discusses the stages of CODR.
The Anti-Antagonist: Notes from a Roadtrip -- Conflict and Change (11/28/11)
Ann Begler The events of the trip have given me pause to think, once again, about something at the heart of the work for every mediator, conflict coach and, for that matter, lawyer: we are working with clients who are typically at a point of dramatic change in their lives. And, change is easier for some than others.
Hidden Gifts: What Aikido Can Teach Us About Conflict (11/28/11)
Judy Ringer Conflict stories are our most interesting stories. When you see two people deeply engaged in conversation, chances are that one of them is telling a conflict story. They’re fascinating. And we have such strong opinions about them, especially when they are our stories. We live them again and again as we revisit the events, the feelings, the thoughts about what we should have said, and how perfect things could be if only our adversaries would change.
Interview with Howard Bellman (11/28/11)
Howard Bellman This is the complete interview with
Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Mediation, Compromises Save 2011-2012 NFL Season (11/21/11)
Michael Finkelstein This summer's NFL player lockout and mediation drew continuing and extensive media coverage. The article shows how external and internal pressures brought about changes in respective bargaining power, and how these changes brought an end to the dispute and resulted in a settlement. What did each side compromise during mediation? And what did the final agreement consist of?
Mediation in Italy (11/21/11)
Alessandro Bruni Alessandro Bruno begins a series of articles describing the development of mediation in Italy and typical processes and approaches.
The Residential Mortgage Foreclosure Mediation Disaster, Florida Style (11/14/11)
Roger C. Benson A Florida Supreme Court appointed committee recommended that the state-wide mandatory foreclosure mediation program be abandoned and replaced, if at all, on a circuit by circuit basis. I do not believe the problem is with mediation; instead, the mediation process is being used to accomplish objectives that are fundamentally at odds with the very idea of mediation.
Powered by Paradox (11/14/11)
Michael Jacobs Power is an issue no mediator can afford to ignore. This includes the power we have as practitioners. This article argues that much of the power we have as mediators comes from our capacity to embrace a fundamental paradox that lies at the heart of our practice.
The Penn State Debacle Will Surely Find Its Way Into Mediation (11/11/11)
James Melamed In addition to the criminal actions associated with the Penn State sex abuse case, for which there will most likely in time be “plea deals” (negotiated results), it is certain that there will be many private civil actions for damages by the individuals and families that have been harmed. If those cases were to proceed through the courts, with certain appeals, the likely wait time would be 5 years or more. Mediation will surely offer a better option.
Interview with Peter Adler (11/07/11)
Peter Adler This is the complete interview with
Peter Adler, President of The Keystone Center and long time leader in the area of public policy mediation, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Mediation: Why Haven't We Come Further? (11/06/11)
Elinor Robin, Susan Dubow Using mediation to resolve disputes can be traced, across a variety of cultures, to Biblical and ancient times. In this country, the founding fathers recognized the process but mediation did not have a valid place in American policy until 1946 when the Federal Mediation and Conciliation Service (FMCS) was formed to resolve labor disputes.
A Mediator Marketing Success Story – Kipling Williams: San Francisco Workplace Mediator (11/05/11)
James Melamed Kipling Williams left a successful workplace management career in the Washington D.C. area to move to San Francisco to, of course, follow his heart. Beginning anew in San Francisco presented an opportunity for this web consultant, a sort of “blank slate,” upon which my marketing experiments could be performed. Whatever visibility I could create for Kipling, we could call that our own. It is against this background that I sought to assist Kipling to expeditiously develop his online visibility as a “San Francisco workplace mediator.” I did not expect that we would create Kipling as an outright Google rock star in the process.
Deciphering Life via Game Theory (11/04/11)
Phyllis Pollack Mr. Mubarak’s influence waned as cuts in American aid threatened his ability to keep cronies in the army and security forces happy. Underemployed citizens then realized that disgruntled officials would be less willing to use violence to put down street protests against the ailing dictator.
Conflict and Conversational Practice-- Article 3 of 3 (10/31/11)
Milan Slama During the last couple of decades, different approaches have been developed and applied by many professionals who practice in the arena of conflict and dispute resolution. Many of us have heard about evaluative, facilitative, transformative, and narrative approaches to mediation. All of these approaches offer several valuable features and all have something in common.
Towards Crowdsourced Online Dispute Resolution (10/31/11)
Jaap Van den Herik, Daniel Dimov Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. This article is by Daniel Dimov and Prof. Jaap van den Herik.
Interview with Zena Zumeta (10/31/11)
Zena Zumeta This is the complete interview with
Zena Zumeta, long time mediator, trainer and former President of the Academy of Family Mediators, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Interview with Doug Yarn (10/25/11)
Doug Yarn This is the complete interview with
Doug Yarn, a leading conflict resolution academic, filmed as part of Mediate.com's "The Mediators: Views from the Eye of the Storm" Series.
Prenups – Don’t Lawyer Up, Mediate! (10/24/11)
Laurie Israel Prenup articles typically talk about how resolving and clarifying money issues prior to marriage is a good thing. However, they do not take into account the very important component of most good marriages: the sharing of money and resources. So prenups aren't necessarily the best thing since sliced bread -- they can pose many problems for the future spouses.
Taking the "Me" Out of Mediation (10/24/11)
Delores Manwar The "Me" impacts many areas of the mediation process. We can leave the “Me” out of mediation and replace it with an armor of understanding, empathy, open mindedness, and non-judgmental practices.
Building and Sustaining a Successful ADR Practice (10/17/11)
Gina Miller In today’s competitive ADR market, it’s essential to have the skills to make a name for yourself. But even more important is to have a proper plan in place to continue generating business and building up your own brand. Gina Miller, vice president at JAMS, takes readers through the steps to build up a client base, develop a practice area expertise and ensure long-term business success. From drafting a compelling bio, to securing networking opportunities, to staying on top of current trends, Ms. Miller shows ADR practitioners not only how to build their practice, but continue succeeding in it.
Mediate.com: A Reality Check (10/17/11)
Steffi Berkowitz You are about to read an atypical article/testimony honoring two October celebrations. In truth, both are dedicated to raising awareness, promoting education and helping people understand options on a journey they did not seek. In truth, both provide a respite for determining outcomes by building knowledge and support irrespective of heart-rendering tales and underlying stories.
Good and Bad Avoiding (10/17/11)
Ralph Kilmann To celebrate the 40th anniversary of the Thomas-Kilmann Instrument, Ralph Kilmann has published a series of articles explaining the TKI and its five methods (Avoiding, Accommodating, Collaborating, Compromising, and Collaborating). This article focuses on two sides of the avoiding method.
Conflict Resolution Day (10/16/11)
Gary Dorr Conflict Resolution Day was created by ACR (the Association for Conflict Resolution) to promote awareness of ways that you can resolve conflict. This article provides ways that you can promote conflict resolution in your community.
Evaluative and Directive Mediation: All Mediators Give Advice--Part 1 of 2 (10/03/11)
John Wade Debates have arguably matured in other professions such as health care, where tensions, competition, limited funding and research exist, sometimes helpfully, between surgical, chemical, psychological, exercise and do-nothing interventions. The writer suggests that as these ongoing similar mediation debates are unpackaged, the debates become more helpful, rather than fog and noise.
Fly Fishing and the Art of Mediation (10/03/11)
Robyn McDonald Fly fishing is an intelligent, exciting, though exasperating sport. It juxtaposes patience and haste, agility and strength, skill and luck– all in the name of reeling in the big one. Mediation is much the same: by using the same passion and painfully learned lessons as do fly fishers, skilled mediators assess conflict, see through the riffles to common interests, maintain the appropriate stance for encouraging dialogue, and know when to reel in the agreement.
Book Review: How Leading Lawyers Think (9/26/11)
Robert Creo, Monique McKay “How Leading Lawyers Think” by Randall Kiser is a rare inside look at decision making, mediation, negotiation and case evaluation from the perspectives of leading attorneys who have successfully taken thousands of cases to trial. Their collective experience provides engaging, insightful perspectives about how cases are built from the initial client meeting, through settlement negotiations and the factors that impact the presentation at trial.
Beyond Adjudication: Resolving International Resource Disputes in an Era of Climate Change (9/26/11)
Anna Spain Climate change is one of the greatest emerging threats to global peace and security. Among other impacts, climate change will exacerbate the scarcity of water, food, and other natural resources essential to human survival. One concern is that as these resources become scarcer, the frequency and severity of international disputes will increase. Thus, developing effective means for resolving international resource disputes is of critical global importance.
Reading the Clouds – Secure File Sharing in ADR Cases (9/20/11)
James Melamed You can now affordably take advantage of your own secure file sharing “cloud” for case collaboration. You can designate secure cloud folders per case, including email notification of new uploads to authorized users. This supports ongoing 365/24/7 attorney and party involvement in ADR cases, with security, elevated services and substantial cost savings.
Incommensurability of Values and Conflict (9/19/11)
Milan Slama In order to make comparisons intelligible requires that we apply some form of measure or utilize a unit of measurement. We need a uniform scale so that we know how to determine a higher or lower score.
Love Is Never A Mistake (9/19/11)
Brooke Goldfarb When you came together at the time it was meant to be. It was not a mistake. Your children are not a mistake. The life you built together was not a mistake. If it is time to move on, then let's move on, but let's honor the past as we look to the future
I See Everything in Tie-Dye (9/18/11)
Clare Fowler My upbringing, my training, and my default is to see everything in tie-dye. But sometimes when I define things in black and white, my clients find peace with flying colors.
