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In the spirit of Honest Abe, New York again celebrated Mediation Settlement Day on October 18 this year with a host of activities designed to promote mediation as a means of resolving disputes without going to court.
As they say, if two people always agree, one of them is unnecessary.
This article provides an approach to positive co-parenting while enduring a divorce. This involves constructive communication, renovating hostile environments, and having the mediator pose as a role model for a positive co-parenting experience.
(11/17/17)Michael A. Zeytoonian
The opposition in disputes is not “the other side”, because I don’t see a workplace in terms of having two sides – employees vs. employers.
Given that universities have only two primary tasks -- teaching and research – they ought to be willing to invest as much in improving the quality of their teaching as they do in providing an elaborate infrastructure to support basic and applied research.
Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.
How is the best version of yourself different from the second best version of you?
What are the origins of conciliation in Australia?
When most people think of high conflict people (HCPs), they think of bad behavior. The goal seems to be to get them to STOP their bad behavior, by verbally motivating them to have insights into how bad they are acting. However, the high conflict behavior of HCPs is not driven by logic and self-awareness.
This is the complete interview by Robert Benjamin with Robert Mnookin, faculty at the Harvard Negotiation Project, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
This is a review of the book Lawyer Negotiation: Theory, Practice and Law, by Jay Folberg and Dwight Golann.
In a world where international commerce and cultural exchanges continuously progresses, disputes are unavoidable. Solving these cross-jurisdictional disputes through litigation is painfully long.
(11/10/17)Daniel Ben-Zvi, Michael Young
The authors have peeled back the protective cloak of confidentiality just enough to provide a glimpse of the wild, the unpredictable, and the utterly preposterous things that have happened in real mediations.
Some debates, arguments, and bickering go on and on, without leading anywhere (except to more frustration).
Recently a conflict management coaching client told me she had “cried her eyes out” about a dispute she is having with a co-worker.
Mediations and their participants never cease to amaze me.
Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.
(11/06/17)Peter T. Coleman
10 big ideas on peace and justice from the career of Morton Deutsch - this is piece 7 which focuses on justice.
(11/06/17)Mary Austin, Richard Brewster, Nina Martinez, Hillary Zilz
The article describes the authors’ experience teaching a six session course called “Think Like a Mediator” on conflict resolution to inmates at the women’s jail facility (the Rose M. Singer Center) at Rikers Island in New York City.
(11/06/17)F. Peter Phillips
In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.
The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.
Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?
When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.
This is the complete interview by Robert Benjamin with Chip Rose, a national leader in the fields of divorce mediation and collaborative practice, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediation is great teacher.
The article is about general foundations and principles of mediation in all aspects (e.g. family, LGBT, divorce, commercial, global, workplace, pet mediation, child custody) as it explores the depth and truth of multi-dimensions in relationships and love.
Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.
This video discusses the history of arguing and ways to make it more effective.
(10/27/17)Ronald S. Kraybill
An Important Choice: What to Do and Say After Violence?
What would help to process what is going on for you and help you to make any conscious changes?
I had a chance to hear William Ury, best-known as co-author of Getting to Yes, speak this weekend at the SCMA fall conference. One of the things he talked about was seeing yourself as your own worst enemy in a negotiation.
(10/24/17)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.
(10/23/17)Lee Jay Berman
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.
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.
(10/23/17)Peter T. Coleman
Ten big ideas on peace and justice from the career of Morton Deutsch. This is article six, focusing on social innovation.
It is trite to say, but true, that remaining focused on our career destinations – where we want to go and who we want to be when we arrive – requires commitment to the journey.
Kindness and empathy can defuse conflict at work, or disagreements even in the midst of disasters.
the NFL filed a motion to confirm the arbitrator’s decision in the Southern District of New York – the same court that upheld Tom Brady’s suspension following the so-called “Deflategate” controversy.
If you are a member of a family, whether it is as father, mother, child, sibling or an extended member, there will be conflict.
One of the unexpected obligations as a lecturer in law at a major university is that I must participate in harassment prevention training. One topic caught my attention although it was barely mentioned: micro-affirmations.
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.
(10/17/17)Michael P. Carbone
Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.
Starting a cross-borders mediation center between the US and the Middle East requires interacting with professionals on both continents. Despite appearing differences within both cultures, it seems when programmed patterns are utilized, and no longer serve, professionals shift their behaviors to the total opposite.
Well over 90% of all divorce cases are resolved by agreements, but there are two divergent methods for negotiating those agreements.
Studies of the human response to conflict have confirmed that at the level of our body the response is the same as the human response to stress.
(10/13/17)F. Peter Phillips
Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.
Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.
What insight do you have into your conflict?
(10/06/17)Peter T. Coleman
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Another big idea on peace and justice from the career of Morton Deutsch.