Featured Blog Posts
(4/29/16)Michael P. Carbone
Mediators, like other dispute resolution professionals such as arbitrators and referees, are commonly referred to as "neutrals."
(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.”
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.
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.
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.
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.
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?
Mediation or arbitration of employment disputes is also encouraged to avoid the costs of ordinary litigation, especially the cost of discovery disputes.
RSI wanted to shine some attention on the work we are doing related to the development of the new Child Protection Mediation Program.
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.
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?
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.
(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.
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.
How do you reduce resistance? What are the best ways to handle difficult people?
A casual look around the room at any major mediation conference will quickly confirm that women and minorities are still significantly under represented.
Everyone understands the need for wider representation, diversity and inclusion on a Board of directors.
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.
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.
It is the sense of procedural justice where mediation’s value lies for homeowners who ultimately end up moving out of their homes.
Humor and laughter can be a valuable tool for defusing the tension brought on by conflict.
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!”
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.
(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.
This video produced by CMP Resolutions quickly describes a sample grievance process.
(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.”
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.
Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common.
A key tenet of Communications 101 is that every communication has two messages: task and relationship.
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.
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.
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.
The stress of conflict has ramifications we’re only just beginning to understand: We can apparently “catch” someone else’s stress physiologically.
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.
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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?