Mediation Jokes II (9/08/10)
John Kenyon The last time the author published a list of mediation jokes, there was a bit of an uproar. Is this new list of mediation jokes as funny or controversial?
Prison Inmates to Receive Prestigious Peacemaker Award (9/07/10)
Douglas Noll, Laurel Kaufer See the new YouTube video posted with the article. Fifteen women, all inmates, most, “lifers,” will receive the 2010 Cloke-Millen Peacemaker of the Year Award by the Southern California Mediation Association. How is it that women, with dark pasts, serving time for murder and manslaughter, can be honored as Peacemakers?
The Four Questions Of Anger (9/06/10)
Lester L. Adams If we are to ever have greater success at resolving our disagreements with each other, we have to deal with the destructive anger that causes us to start disagreements, fuels the flames of opposition, and keeps us fighting each other even when we have a way out of conflict.
Settlement Matters (9/06/10)
Jeffrey Krivis One of the nation's most experienced mediators considers what to do when there is a lack of authority to settle at the mediation table.
Is Mediation A Placebo? (9/06/10)
Barry Goldman Suppose we have four people. Let's call them Groucho, Harpo, Chico, and Zeppo. Groucho has a broken arm and goes to a physician. Harpo has lower back pain and goes to a Therapeutic Touch practitioner. Chico and Zeppo have a lawsuit, and they go to a mediator. Let's follow them and see what happens.
Ten Things You Can Control In A Workplace Conflict (9/06/10)
Vivian Scott Let’s face it; we often spend more hours with the people we work with than we do our family and friends. Sometimes, if we’re lucky, our best friends *are* our co-workers. But even in the best of times it’s not unusual to be faced with the guy three cubicles down from yours whom you’d just as soon clobber than look at again.
Courtroom "Intake" Speeches For Civil Harassment And Small Claims (8/27/10)
Jack Goetz Courtroom speeches encouraging mediation evolve readily from the application of well recognized principles that support the advantages of mediation. Since courtroom time is often limited, this article presents a practical approach to using those principles in developing a five minute presentation that has been utilized in civil harassment and small claims settings.
Skill Building And Personal Growth Through NVC Mediation Triad Practice (8/27/10)
Ike Lasater, Julie Stiles When we work with our own conflicts in the course of learning to mediate, it offers opportunities for us to gain skill in mediation while simultaneously transforming our conflict. In teaching NVC mediation using an experiential three-chair model, I encourage people to put their own conflicts into the role-plays and switch between the chairs during practice. Doing so allows us to receive empathy while taking on different perspectives. The result is often a transformation in how we see the conflict.
The Boundaries Of Engagement (8/27/10)
Michael Jacobs People come to mediation in pain – and sometimes leave in the same state. Having endeavoured to make a difference – and failed – where does this leave us in terms of our professional engagement?
The Mediator in Technocracy: The Future of Conflict Management Practice (8/24/10)
r.d. benjamin Conflict management work should fare well in the rapidly proliferating
administrative and bureaucratic maze of what is becoming known as the
technocracy. Based on a belief in the power of rational governance to
correct complex issue, a gaggle of laws have been generated requiring
constant interpretation and untold agencies which often work at cross
purposes and threaten to produce as many snafus as solutions. The only
salvation may well be the human touch of negotiators and mediators who
are able to skillfully work creatively and common sensibly outside the
bounds of traditional notions of rationality to bring about workable
solutions.
“I’m Sorry You’re Such A Crybaby” Isn’t Really An Apology (8/23/10)
Vivian Scott You’ve more than likely heard one before and you may have even delivered a few yourself--an apology that isn’t really an apology at all. You know the ones; the zingers, veiled threats, and personal attacks that the speaker believes should earn him points for saying he’s sorry.
How Did They Price The File? (8/23/10)
Jeffrey Krivis Knowing how the other side has priced the file will give you a leg up in the negotiation and will help you understand the background behind the negotiation moves that occur.
Family Life-Line Through Wide-Base Support (8/23/10)
Mary Aderibigbe Family matters are not suited for resolution in the court because of its adversarial nature. It increases hostilities, bitterness and escalates conflicts hurting children. Mediation is beneficial in family matters. Mediation is private and aims at amicable settlement, but this is not yet fully embraced in Nigeria. Mediation can also be practised in collaboration with other services to reconcile and strengthen families.
Giving Back Or Just Giving It Away: Can Mediators Empower Others If We De-Value Our Own Expertise? (8/23/10)
Sig Cohen This article analyzes why mediators volunteer their expertise to court systems and government agencies. The author examines the policies of court systems that ‘employ’ mediators and concludes that, as long as mediators give away their skills and experience, the courts will do little or nothing to enhance mediator compensation. The writer further questions whether mediators who offer their services for little or nothing have the capacity to advocate for their own best interest.
Finding Common Ground - The Untold Story (Free The Senses, Free The Party) (8/16/10)
Steffi Berkowitz The primary focus of this article which is to help practitioners understand the importance of finding common ground for parties’ sensory information processing differences as well as their dispute differences. By creating a mediation framework that is more inclusive and user friendly, a practitioner minimizes party frustration, maximizes party engagement opportunities, and empowers communication. This article demonstrates how a party’s sensory processing ability can be compromised by a mediator’s chosen framework.
Learning Styles In Mediation (8/16/10)
Trip Barthel Each one of us is unique in how we perceive and process the world around us. These perceiving and processing qualities are known as learning styles, and when they meet, they can lead to anything from the highest levels of agreement to the deepest chasms of division.
Can Religious Differences Be Mediated? (8/16/10)
Donal O’Reardon Religious beliefs regularly motivate actions that cause conflict between people. From the point of view of mediation, it is natural to ask whether conflicts that have their source in religious views can be mediated and, if so, what might the framework of such a mediation look like? This article argues that religiously motivated conflict can be mediated, but that there are criteria that must be satisfied for such a mediation to take place. Mediation too, must look at itself and understand that some of its basic ideals (autonomy and self-determination) mean it can only mediate if these values are endorsed by both parties.
In Defense Of Conflict (8/09/10)
Charles B. Parselle I wonder if one can really regard civil lawsuits as being about conflict at all, or mediating them as being about bringing peace into the room. It seems to me that lawsuits are essentially about adjusting interests, mostly financial interests. In mediating litigated cases we help shift money around the table, though clearly litigants often feel relief, especially if they win.
What Is A Bully? (8/09/10)
Alan Sharland How a commonly used word is often not explored to clarify what is meant when someone uses it - and how that lack of clarity can lead to powerlessness.
We All Have A Part To Play In Coalition’s Success . . . Or Failure (8/09/10)
John Sturrock We all know something really interesting happened in British politics with the agreement of
the Conservatives and Liberal Democrats to work in coalition. What is interesting is the reaction. People don't quite know how to deal with it. We are
accustomed to an adversarial approach in politics. So, the observations now tend to focus
on the differences and potential areas of disagreement – and where it might go wrong.
How About Making Mediators More Stupid? A Training Agenda (8/08/10)
Michael Jacobs Much of current mediation training is consciously "additive," in that it puts forward various frameworks, theories and models. This article argues, only partially tongue-in-cheek, that training mediators is fundamentally "subtractive." That in order to be effective, trainee mediators need to unlearn much of what they think they already know. The article refers to this process of unlearning as becoming "more stupid."
New Communities For 21st Century Lawyers (8/03/10)
John Shaffer I encountered an old concept about problem solving presented in a new way when I attended the 17th Annual Northwest Dispute Resolution Conference at the University of Washington in May. In a session exploring the boundaries of conventional thinking about law and dispute resolution, the valuable idea that we exist simultaneously in what might be described as four quadrants of problem solving realities was discussed.
Mediate.com Announces Release of ADR Case Manager (8/03/10)
Mediate.com Mediate.com announces the release of ADR Case Manager. Available free to all alternative dispute resolution professionals September 10, 2010, this new online software system permits users to manage cases, contacts, calendars, and case activities in a user friendly way. ADR Case Manager lets users manage an unlimited number of staff and cases from any location with web access and works on any computer.
Preparing For Mediation: How In-House And Outside Counsel Can Collaborate To Maximize Results (8/02/10)
Gilda R. Turitz As mediation is increasingly used to negotiate settlements of corporate litigation, in-house and outside counsel must collaborate at every phase of the process and prepare thoroughly for mediation to maximize the likelihood of a favorable settlement. Timing, mediator selection, calculation of liability risks and damages, non-monetary issues, advance document preparation, and having the right people at the mediation are all factors for collaboration.
Conflict Resolution Through Speaking The Truth In Love Not In War (8/01/10)
Mary Aderibigbe Divorce, separation, family violence, perennial disputes rocking many homes, ever so often stem from minor misunderstandings, which were inadvertently left to escalate due to neglect or improper management. Marital relationships are strengthened when differences are afforded early attention and amicable settlement. The contrary is the case when disagreements between couples are left unattended, or devoid of effective management.
A Review Of Lawyers As Peacemakers: Practicing Holistic, Problem-Solving Law (7/26/10)
Brooke Deratany Goldfarb According to Ms. Wright, there is a rapidly expanding like-minded legal community out there, actively practicing the concepts of peacemaking, problem-solving and conflict-healing. Ms. Wright has been instrumental in telling these lawyers’ stories and bringing them together. Over a dozen years of her findings are culminated in her new ABA publication, Lawyers as Peacemakers: Practicing Holistic, Problem-Solving Law.
Reconciliation: Moving Past Divorce (7/26/10)
Dina Haddad After separation and during the divorce process, you likely have become angry, resentful, and hostile towards your spouse. When our relationships become threatening, such as a damaged marriage relationship, we protect ourselves by forming a negative image of the other person. This negative image helps us live on with our lives, without experiencing psychological disintegration.
Marital Agreements Upheld in Massachusetts (7/18/10)
John Fiske The Supreme Judicial Court of Massachusetts on July 16, 2010 answered in Ansin v. Craven-Ansin the long-deferred question of whether a marital agreement should be recognized. The answer is "yes." Their reasoning centers around the spouses’ freedom to contract, "permitting the parties to arrange their financial affairs as they best see fit.”
Chapter One of Lawyers as Peacemakers, Practicing Holistic, Problem-Solving Law (7/12/10)
J. Kim Wright This is an Chapter One of
Lawyers as Peacemakers, Practicing Holistic, Problem-Solving Law by J. Kim Wright. A comprehensive overview of a movement, the book explores many peacemaking approaches including restorative justice, therapeutic jurisprudence, collaborative law and, of course, mediation, plus holistic problem-solving approaches like drug treatment courts. In this excerpt, Wright explores the paradigm shift that is occurring in law.
The Road Less Traveled: A Review Of J. Kim Wright’s Lawyers As Peacemakers: Practicing Holistic, Problem-Solving Law (7/12/10)
Diane J. Levin The idealism that drew many of us to law school endures, evident in the work of lawyers who have reclaimed their role as compassionate defender of justice, skilled negotiator brokering peace, or principled leader wielding influence. These lawyers have their champions and spokespersons, notable among them J. Kim Wright, publisher and editor of CuttingEdgeLaw.com, an online community and magazine for lawyers. Wright today coaches and inspires lawyers who seek to bring an ethos of care, mutual respect, and humanity to the way they practice law.
Learning To Forgive In Divorce (7/12/10)
Dina Haddad Often overlooked, divorcing spouses struggle to forgive their spouses and themselves. This inability often prevents them from being able to reach an optimal settlement, whether in mediation or litigation. Dina Haddad sets out a guideline for divorcing spouses to begin the forgiveness process in the context of the divorce setting.
Mediation In Politics And The Politics Of Mediation (7/05/10)
r.d. benjamin The practice of mediation and negotiation in political dealings appears so obvious and inextricable so as to deny the need for explanation. So I have often been taken aback by criticisms of many of the articles I have written observing and commenting on the use of these strategies by political figures and in political or politicized contexts. Those criticisms are not mild.
No Risk? No Hope Then Either (7/05/10)
Ronald S. Kraybill I witnessed with alarm a recent ruling of the US Supreme Court regarding the U.S. PATRIOT Act. This Act makes it illegal to give support of any kind to groups listed by the US government as terrorist groups, even if the support is designed to end violence.
“Happy Wife, Happy Life” and Mediation (7/05/10)
Laurie Israel Did you ever hear the expression “Happy Wife, Happy Life”? This overused adage seems to help some people (generally husbands) focus on their wife’s happiness in order to secure a peaceful, happy marriage. Surprisingly, the concept may have some academic support.
The 5th Step: ABA ADR Ethics Resources (6/28/10)
Marnie Huff Troubled by a mediation ethics enigma? State ADR rules a little vague? Marnie Huff urges mediators to take advantage of the free online ADR ethics resources available from the American Bar Association Section of Dispute Resolution.
12-Step Program Tools For Breaking Interpersonal Conflict Patterns (6/28/10)
Kerri Moon Anyone who has ever worked a 12-Step program knows the grueling process of the 4th Step Personal Inventory. The goal is to begin to take an honest look at the patterns of behavior we replicate time and time again, stemming from a variety of ego-based motivations and leading to the same forms of mayhem and interpersonal conflicts time and time again.
Civil Harassment Mediation: A Settlement-Friendly Environment (6/28/10)
Jack Goetz Civil harassment mediation, from an outsider's perspective, seems to be a daunting environment in which to achieve a settlement. Parties have an emotional dispute, are not likely to cooperate with each other, and mediation time is limited. Nevertheless, settlements are achieved by applying well known concepts from basic mediator training.
Sid Lezak: Early Views of Field - Video (6/27/10)
Sid Lezak Sid Lezak talks about how he viewed the field when he first started out. It was like a 'religion' for him and any opposition or criticism made him even more dedicated to the practice and advocacy of mediation.
Hugh McIssac: Concern for the Field - Video (6/25/10)
Hugh McIssac Hugh McIssac shares his concern of mediation being perverted into a form of evaluation. A court-connected mediator sees clients in highly stressful situations and makes recommendations to the court based on those encounters.
Mediation and Negotiation Are Designated As Criminal Acts: Maybe It’s For the Better (6/22/10)
r.d. benjamin Should you be a private consultant or working for an NGO, e.g., Mediators Without Borders, Mercy Corps, or the Red Cross, who might dare to meet with, provide training in mediation, or suggest negotiation strategies that might encourage a nonviolent approach to any “designated” foreign “terrorist” organization, you can now be charged with the crime of “material support” in violation of the Federal Patriot Act of 2001.
Legal Client Retention Through Mediation (6/21/10)
Jon Linden Many people have become attorney averse and will avoid the use of lawyers by almost any means. Since this attitude is so pervasive, it behooves attorneys to do whatever they can to make the experience of the client worthwhile in any way possible. One process that is perceived by clients as positive is mediation.
Andrew Schepard: Training Has Improved - Video (6/19/10)
Andrew Schepard Training for lawyers and judges has improved. Mediation in the US has only been around for 30 years and we are still working on how to best train people. Andrew Schepard helped develop model standards to improve professional standards.
Divorce Mediation: A Tool For Empowerment (6/13/10)
Dr. Lynne C. Halem Why do individuals choose to mediate their separation, divorce, or post-divorce issues? For twenty-eight years, we at the Centre for Mediation & Dispute Resolution (CMDR) have been tracking the responses of our clients. Here’s a sampling of what they tell us:
