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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.

Jacqueline Burnett-Brown

It Takes A Solomon: Tearing Children Apart in Divorce

(6/16/17)Jacqueline Burnett-Brown

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

Michael Leathes’ New Negotiation Book - Book Review

(6/16/17)Michael Leathes

Michael Leathes has written a book on negotiation that is aimed at corporate counsel.

Jen Reynolds

Where are we Going?

(6/16/17)Jen Reynolds

This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.

Laurie Israel

How to Mediate a Prenuptial Agreement

(6/14/17)Laurie Israel

Marriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.

Jim Melamed

Comparative Data on Mediation Websites: Most Visited and Most Linked

(6/13/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

Carl Schneider

Interview with Carl Schneider

(6/10/17)Carl Schneider

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.

Larry Susskind

We Need Science Diplomacy!

(6/09/17)Larry Susskind

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.

Michael A. Zeytoonian

The Case for Early Mediation; Part I of II

(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.

Dan Simon

How Can the Presence of a Mediator INCREASE Party Self-determination?

(6/09/17)Dan Simon

When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.

David Zacks

Embrace Failure: Get A Good Result in Mediation

(6/09/17)David Zacks

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.

Sarah Cole

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

Michael Toebe

Mediating Disputes as a Reliable and Protective Life Hack

(6/08/17)Michael Toebe

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?

Vicki Shemin

Save a Marriage through Mediation

(6/08/17)Vicki Shemin

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.

Will Parkes

The Application of Mediation Skills and Principles to Selected Investigations

(6/08/17)Will Parkes

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.

Jeff Thompson

The Effective Crisis Communicator: Prepare Like a Navy SEAL

(6/02/17)Jeff Thompson

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.

Gregg Relyea

Paradox in Mediation: The Wall of Pin Stripes And the Power of Self-Determination

(6/02/17)Gregg Relyea

This case of the "wall of pin stripes" provides an example of the paradox of mediation.

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