Featured Blogs Section

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Featured Blog Posts


Michael P. Carbone

"But You Were Supposed to be Neutral!"

(4/29/16)Michael P. Carbone Mediators, like other dispute resolution professionals such as arbitrators and referees, are commonly referred to as "neutrals."
F. Peter Phillips

Party Autonomy: “Something They Teach at Pepperdine”?

(4/29/16)F. Peter Phillips A group of sharp and experienced thinkers on the mediation process offered a panel at the recent ABA Dispute Resolution Section meeting in New York before a packed crowd of just-as-sharp practitioners on the topic “Reevaluating the Role of Autonomy in ADR.”
Katherine Graham

How to Influence, and Direct, Parties in a Mediation

(4/29/16)Katherine Graham Workplace mediators are able to influence the way the parties approach the content, interaction and process of their conflict. And they do this by selecting an intervention from a “continuum of power and influence” which moves from indirect through direct to coercive.
Lorraine Segal

Zen of the Gym—What I’ve learned about workplace conflict resolution at the gym

(4/29/16)Lorraine Segal I used to get into small verbal arguments with other members using the machines, partly out of my own impatience, and partly because they were violating the rules of courteous use.
Tammy Lenski

6 Ingredients of an Effective Apology

(4/29/16)Tammy Lenski New research has identified six elements to an apology, and the more of those elements you include, the more effective your apology. Two are particularly crucial to having your apology accepted.
Jen Reynolds

Green on Race and ADR

(4/29/16)Jen Reynolds Michael Z. Green (Texas A&M) recently spoke on “Civility and Mediation as Workplace Responses to Conscious Disregard of Racially-Biased Behaviors.” Like this title, Michael’s talk was provocative, stuffed with information, and at once idealistic and critical.
Sabine Walsh

On Yer Bike – To the Mediation Table!

(4/18/16)Sabine Walsh The current dispute in Ireland involves multiple parties who all have strongly held positions, based on their values, interests and needs. Does this sound familiar?
Joe Markowitz

Avoiding Litigation

(4/18/16)Joe Markowitz Mediation or arbitration of employment disputes is also encouraged to avoid the costs of ordinary litigation, especially the cost of discovery disputes.
Eric Slepak

Child Protection Perspectives: Initiating the Conversation

(4/18/16)Eric Slepak RSI wanted to shine some attention on the work we are doing related to the development of the new Child Protection Mediation Program.
Vicki Shemin

4 Benefits Of Being A Child Of Divorce

(4/15/16)Vicki Shemin As a child of divorce, a divorced mother of two, and a long-practicing divorce lawyer/therapist, divorce is not exactly something I would advocate for improving a child’s mental health.
Bernard Mayer

Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election

(4/15/16)Bernard Mayer In this seemingly endless election season, just about everyone who believes they have any angle at all on making sense of what is going on has weighed in with their analysis. So why not conflict professionals?
Justin Kelsey

What Questions Should You Ask Before Hiring an Attorney: a Mediator's Perspective

(4/08/16)Justin Kelsey In order to reduce the anxiety of conflict and ensure that you hire someone who is a good fit for your case, it is important to consider what questions you want to ask and to enter that meeting prepared.

Stop Avoiding Conflict: Learn to Address Disputes Before They Erupt - Book Review

(4/08/16)Lynne Kinnucan, Patricia Porter Stop Avoiding Conflict: Learn to Address Disputes Before They Erupt, Pattie Porter's new Minibuk, expands the conflict territory by focusing on the sabotaging effect of conflict avoidance.
Gary Direnfeld

Beyond Court there is a World of Better Options to Resolve Parental Conflict. Here’s Four:

(4/08/16)Gary Direnfeld When locked in bitter conflict, sometimes people resort to court. This can result in poor outcomes as the court is more limited in terms of solutions that can be ordered.
Tammy Lenski

Work with People, Not on Them

(4/08/16)Tammy Lenski How do you reduce resistance? What are the best ways to handle difficult people?
Chris Poole

Diversity Matters

(4/08/16)Chris Poole A casual look around the room at any major mediation conference will quickly confirm that women and minorities are still significantly under represented.
Jai Jayaraman

Difficult Conversations

(4/01/16)Jai Jayaraman Everyone understands the need for wider representation, diversity and inclusion on a Board of directors.
Deborah Masucci

What Happens in Singapore, Does Not Stay in Singapore

(4/01/16)Deborah Masucci The first Global Pound Conference event was held in Singapore on March 17-18. Over 400 people participated in the event. Attendees came from all over the world including the U.S., Australia, New Zealand, Japan, China, Pakistan, Great Britain, Fiji, and more.
Joe Markowitz

Mediation's Potential

(4/01/16)Joe Markowitz A couple of recent experiences as a consumer of mediation services have made me wonder whether the practice is living up to its full potential.
Hannah Kaufman

“Dynamic Triage” in RSI’s Foreclosure Mediation Program in Rockford, Illinois

(4/01/16)Hannah Kaufman It is the sense of procedural justice where mediation’s value lies for homeowners who ultimately end up moving out of their homes.
Patricia Porter

Laughing Through Conflict – Benefits of Infusing Humor into Your Relationship

(3/31/16)Patricia Porter Humor and laughter can be a valuable tool for defusing the tension brought on by conflict.
Phyllis Pollack

Principles and Optimism /Realism and Compromise

(3/31/16)Phyllis Pollack As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!”
Ian MacDuff

More on the Global Pound Conference

(3/31/16)Ian MacDuff In this blog, I’ll offer three observations about technology and one about a very non-technological aspect of mediation from the Global Pound Conference.
F. Peter Phillips

Failure to Mediate Held as Ground for Summary Judgment

(3/29/16)F. Peter Phillips A recent decision of the Supreme Court of Nevada addresses the question whether a party’s ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.
Richard Peachey

Counting the Cost of Conflict - Video

(3/29/16)Richard Peachey This video produced by CMP Resolutions quickly describes a sample grievance process.
Michael A. Zeytoonian

Getting your day in court – what does it really mean? And how can we get it for you?

(3/29/16)Michael A. Zeytoonian “I want my day in court.” “I was wronged and something’s got to be done about it. We need to fix this.”
Beth Graham

9th Circuit Botches Another Arbitration Case

(3/29/16)Beth Graham One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court.
Bruce Friedman

Early Mediation of Insurance Coverage Disputes

(3/29/16)Bruce Friedman Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common.
Maria Simpson

PEARLS for Conversation

(3/18/16)Maria Simpson A key tenet of Communications 101 is that every communication has two messages: task and relationship.
Janet Rowles

STOP Labeling People DIFFICULT PEOPLE and HCPs

(3/18/16)Janet Rowles It is common nowadays for people to get labeled HCPs and difficult people. This article briefly examines the attributes of so-called difficult people and compares them to how people normally behave and feel are when they are in conflict.
Martin Rosenfeld

The Saga of Edward Everett

(3/18/16)Martin Rosenfeld The famed orator Edward Everett was chosen to speak, to be followed by brief remarks by President Lincoln. History remembers only the Gettysburg Lincoln’s address and rarely makes mention of Everett’s oration.
Lorraine Segal

The Path of Love in Conflict Management

(3/18/16)Lorraine Segal When an organization is looking for someone to help them with persistent conflict or antagonistic patterns of interaction between people at work, the need for love isn’t likely to come first to mind.
Tammy Lenski

Overcoming an “Empathy Deficit” in Conflict

(3/18/16)Tammy Lenski The stress of conflict has ramifications we’re only just beginning to understand: We can apparently “catch” someone else’s stress physiologically.
Maria Simpson

Discussion and Dialogue

(3/11/16)Maria Simpson It seems there might be some confusion about the differences between discussion and dialogue, and between mediation and facilitation, so let’s try to clarify the different goals of each process, because they each require different skills and tactics.
Eric Slepak

In Mediation, As On Broadway, It’s All About The Room Where It Happens

(3/11/16)Eric Slepak In Broadway, the play Hamilton echoes the familiar goal of being part of the action-- the same theme we see parties deal with in ADR: who gets a say in the matter when there are lots of parties involved and/or many different interests at stake? In other words, who gets to be in the room where it happens?
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