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.
This is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.
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.
Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”
It’s better to be transparent and tell the person how the proposed solution could benefit everyone involved.
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.
When a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?
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.
No one begins a dispute thinking they might be wrong.
Mark Twain once wrote that a person with a new idea “is a crank until the idea succeeds.”
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.
The mediation field now has more information in our push to unlock the black box of mediation.
This article analyzes an important recent California case related to arbitration agreements and waivers.
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
Let us imagine a couple in agreement on pursuing the quickest possible Massachusetts divorce.
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.
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.
Is it time for us to change the designation: Mediator to Accommodator?
(6/30/17)F. Peter Phillips, Stephen Goldberg
This is a review of Stephen Goldberg's book How Mediation Works: Theory, Research, and Practice.
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.
Discussion about the ethical implications of having a litigation funder support a party in arbitration or mediation.
Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.
Should HR professionals mediate internal workplace disputes?
If you've reached an impasse in a dispute with someone, why bother bringing in yet another person to complicate things?
Use this perspective to look at the other person in conflict.
Conflict resolution skills alone will only get you so far.
(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.
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.
(6/23/17)Clare Fowler, Jim Melamed
Academic (college and university) Ombuds Offices have unique needs for managing personal and case information.
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.
(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.
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.
This article envisions what it would take, a century in the future, to create a society without any marital strife.
This article presents multiple role-plays and reframing techniques to help mediators further their training.
When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.
Michael Leathes has written a book on negotiation that is aimed at corporate counsel.
This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.
Marriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.
According to Alexa.com, Mediate.com is most visited and most linked mediation website.
This is the complete interview by Robert Benjamin with Carl Schneider, a psychologist and divorce mediation pioneer, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
My colleague, Professor Paul Berkman, has launched a Science Diplomacy Center at Tufts University. This is a campus-wide initiative coordinated through the Fletcher School of Law and Diplomacy.
(6/09/17)Michael A. Zeytoonian
Before we talk about mediation and the value of early mediation, let’s start with two key questions to ask yourself about your dispute.
When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.
Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before.
Is it time to revise the Model Standards for Mediators?
Do we realize the pain-relieving, cost-effective remedy that mediation can be in our everyday lives and do we look at mediators the same as we do other trusted service providers we use?
This is the true story of a couple that considered divorce, but decided to stay together after drafting a postmarital agreement regarding the parenting of their young son.
Is it possible to use mediation skills to facilitate a more effective outcomes for formal investigations? A recent pilot project with The General Medical Council looking at’ Fitness to Practice’ has provided some interesting information.
Crisis and hostage negotiators, as well as other law enforcement personnel, continually find themselves involved in crisis situations where the pressure is placed on him or her to peacefully resolve an incident.
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This case of the "wall of pin stripes" provides an example of the paradox of mediation.