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Larry Susskind

Contemplating the Need for more Peacebuilders

(7/28/17)Larry Susskind

Peacebuilders are trained professionals who deal with conflict inside organizations and between individuals, groups and organizations (including countries).

Michael A. Zeytoonian

If You Want Your “Day in Court”, Don’t Go to Court

(7/28/17)Michael A. Zeytoonian

“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.

Richard Custin

Peacemaking, Justice, Restoration, and Forgiveness

(7/21/17)Richard Custin

We often talk about peacemaking while neglecting to address the ultimate goal of justice, restoration and forgiveness.

Marcy Einhorn

5 Reasons to Choose Mediation to Solve A Dispute

(7/21/17)Marcy Einhorn

If you've ever been involved in a legal dispute you know that the path to a resolution can be long and costly and that the outcome is never a sure bet. There's got to be a better way.

Shelby Hockaday

Serious Gaming in Water

(7/21/17)Shelby Hockaday, Todd Jarvis, Fatima Taha

This paper discusses the use of serious gaming as a method for water resource conflict-negotiation.

Joy Rosenthal

Why Do I Love What I Do?

(7/21/17)Joy Rosenthal

We transition from the family we were born into to the ones we create.

F. Peter Phillips

Interesting China Conference

(7/21/17)F. Peter Phillips

An upcoming mediation conference looks like it will be very educational.

Katherine Graham

A Lovely Story That Explains How We Manage Our Feelings …

(7/21/17)Katherine Graham

Once there was a very small person who had feelings.

Lorraine Segal

How Yes/And Defuses Workplace Conflict

(7/21/17)Lorraine Segal

Many conflicts at work and everywhere expand and linger because people believe there is only one right answer or one way to see or do things.

Charlie Irvine

Cooperation with a Competitor

(7/21/17)Charlie Irvine

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."

Jeff Kichaven

A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation

(7/20/17)Jeff Kichaven

The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.

Michael Scott

Co-Parenting

(7/19/17)Michael Scott

There are many threatening and frightening things that happen to individuals whose relationship ends up in separation or divorce. A successful divorce is one in which the parents divorce each other but do not require the child to divorce one of the parents.

Jim Melamed

Mediation.com Refuses Refund to Family of Mediator Who Died

(7/18/17)Jim Melamed

Mediation.com has once again revealed itself in refusing to offer any refund to the widow and child of a mediator who died 7 days into an alleged 2 year listing contract.

Ron Kelly

California Mediation Confidentiality Will End, Unless…

(7/14/17)Ron Kelly

Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.

Gracious Timothy

Dealing With Bad Connections, Inside-Out and Outside-In

(7/14/17)Gracious Timothy, Tanima Tandon

In our respective professional lives, each of us have had a fair experience of the approach that advocates have towards in-house counsels and vice-versa.

Michelle Brenner

Culturally Competent Compassion in Mediation

(7/14/17)Michelle Brenner

What does culturally competent compassion mean? Is it knowing when and to whom, male or female a hand should be offered?

Maria Simpson

Let It Go? You're Kidding!

(7/14/17)Maria Simpson

One of the most conflict-ridden situations is that moment when our emotions take over our ability to respond thoughtfully, especially to a disagreement with a colleague.

John Lande

Introduction to the Stone Soup Project Mini-Course

(7/14/17)John Lande

This is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.

Joe Markowitz

Ten Duel Commandments

(7/14/17)Joe Markowitz

We may think we have progressed far beyond the barbaric practice of dueling, but based on the way dueling is described in this show, it appears to function in much the same way as as our more modern systems of dispute resolution today.

Phyllis Pollack

If Only…?

(7/14/17)Phyllis Pollack

Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”

Meredith Richardson

Why Bother with Yellow Flowers When You Really Want a Turtle?

(7/14/17)Meredith Richardson

It’s better to be transparent and tell the person how the proposed solution could benefit everyone involved.

Kenneth Cloke

Interview with Ken Cloke

(7/12/17)Kenneth Cloke

This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Patricia Porter

When Change Happens: Embracing The End First Before Starting Anew

(7/07/17)Patricia Porter

When a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?

Phyllis Pollack

The CLRC’s Tentative Recommendation on Mediation Confidentiality!

(7/07/17)Phyllis Pollack

If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for “legal malpractice” occurring in a mediation context.

Bernard Morrow

Reality Testing: The Right Dose at the Right Time

(7/07/17)Bernard Morrow

No one begins a dispute thinking they might be wrong.

Michael Mcilwrath

The Global Pound Conference Reaches Its Conclusion: User Focus Is Now Mainstream

(7/07/17)Michael Mcilwrath

Mark Twain once wrote that a person with a new idea “is a crank until the idea succeeds.”

Bruce Edwards

The ADR Imperative to Ensure Access to Justice

(7/07/17)Bruce Edwards

On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.

Jennifer Shack

Conscious and Unconscious Thinking in Mediators

(7/07/17)Jennifer Shack

The mediation field now has more information in our push to unlock the black box of mediation.

Peter Huang

California Supreme Court Sets Up Showdown at U.S. Supreme Court over Arbitration Agreements

(7/06/17)Peter Huang

This article analyzes an important recent California case related to arbitration agreements and waivers.

Vicki Shemin

Divorce Lawyers: 5 Little Known Things You Need To Know

(7/06/17)Vicki Shemin

There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.

Marion Wasserman

Massachusetts Divorce: How Long Does it Take?

(7/06/17)Marion Wasserman

Let us imagine a couple in agreement on pursuing the quickest possible Massachusetts divorce.

Michael Toebe

Mediating Disputes for Effective Healthcare Relationship Firefighting

(6/30/17)Michael Toebe

The practice of healthcare is demanding and stressful. Conflicts materialize in most human interactions and the medical field is no different. Actually, it might be expected. Yet there is a solution.

John Sturrock

Did They Teach You This In Law School?

(6/30/17)John Sturrock

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten.

Paul Rajkowski

Is It Time?

(6/30/17)Paul Rajkowski

Is it time for us to change the designation: Mediator to Accommodator?

F. Peter Phillips

How Mediation Works: Theory, Research, and Practice - Book Review

(6/30/17)F. Peter Phillips, Stephen Goldberg

This is a review of Stephen Goldberg's book How Mediation Works: Theory, Research, and Practice.

Joe Markowitz

California Law Revision Commission Recommendations

(6/30/17)Joe Markowitz

The California Law Revision Commission has issued its draft recommendations for an amendment to the Evidence Code carving out a new exception to mediation confidentiality.

Beth Graham

When the Empty ADR Chair Is Occupied by a Litigation Funder

(6/30/17)Beth Graham

Discussion about the ethical implications of having a litigation funder support a party in arbitration or mediation.

Martin Svatos

WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation

(6/30/17)Martin Svatos

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.

John Ford

The New SHRM Competency Guidelines

(6/23/17)John Ford

Should HR professionals mediate internal workplace disputes?

Marcy Einhorn

Why Should I Mediate?

(6/23/17)Marcy Einhorn

If you've reached an impasse in a dispute with someone, why bother bringing in yet another person to complicate things?

Lorraine Segal

Divine Listening and Managing Conflict

(6/23/17)Lorraine Segal

Use this perspective to look at the other person in conflict.

Tammy Lenski

5 Counter-intuitive Conflict Resolution Habits Worth Developing

(6/23/17)Tammy Lenski

Conflict resolution skills alone will only get you so far.

Michael A. Zeytoonian

The Case for Early Mediation; Part II of II

(6/23/17)Michael A. Zeytoonian

In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.

Beth Graham

DOJ Flips on Class Waivers Issue

(6/23/17)Beth Graham

Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.

Case Management for College and University Ombuds

(6/23/17)Clare Fowler, Jim Melamed

Academic (college and university) Ombuds Offices have unique needs for managing personal and case information.

Joe Epstein

The Wisdom of Native Americans

(6/19/17)Joe Epstein

Native American wisdom focuses on healing wounds, and bringing peace through good feelings, not fear. While mediations are focused principally on legal issues, Native American wisdom teaches us to be mindful of a person's emotional damage as well.

Carrie J. Menkel-Meadow

Interview with Carrie Menkel-Meadow

(6/18/17)Carrie J. Menkel-Meadow

This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Richard Lutringer

Mediation on Broadway-The Dramatic Lessons of OSLO

(6/16/17)Richard Lutringer

Oslo by J.T. Rogers, awarded a Tony on June 11, 2017 for best Broadway play of the season, documents the backstory secret negotiations which led to the Israeli-P.L.O. Peace Accord of 1993. This negotiation highlights the power of humility, patience and persistence.

Larry Gaughan

Marriage, Dystopian Society--A Story about conflict prevention

(6/16/17)Larry Gaughan

This article envisions what it would take, a century in the future, to create a society without any marital strife.

Charlie Young

Mediation Scenarios

(6/16/17)Charlie Young

This article presents multiple role-plays and reframing techniques to help mediators further their training.

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