Featured Blog Posts
When I was in the middle of horrific, workplace experiences, I did whatever I could to protect myself from the worst effects of bullying and mobbing.
Is your workplace a toxic environment? If there is more than one person per week out sick in your department, chances are it is.
In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration.
(5/22/17)Jan Frankel Schau
Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.
One of the first things I learned about in game theory was the prisoner’s dilemma.
When two people form a union, whether a legal union – such as marriage, or a domestic partnership, there will be conflict.
(5/12/17)Jan Frankel Schau
Sometimes I have to step back and admit to myself that as the mediator, I am merely the guide to a voluntary conversation about whether and how a particular case may be settled.
This article is about the idea that performers "making” the music may seem odd at first considering that they are “merely” performing music that others had composed.
When it comes to defining mediation, I am not a strict constructionist.
When someone is upset, one familiar response is to ignore it and forge ahead. Another is to try to make them feel better with kind reassurance.
This is important for crisis and hostage negotiators to read and understand as it presents the potential perspective of a terrorist-subject when the incident involves a hostage standoff situation.
Today’s planners are committed to taking action – helping to implement improvements in the quality of life, particularly for the most vulnerable segments of society, often through public-private partnerships of various kinds. They are attempting to establish peaceful societies and minimize community conflicts.
In the analyses of this week's budget deal, whether from the politicians of both parties or from the pundits, mostly we are hearing about which side scored the most points.
The tribal effect is often deliberately used to manipulate and divide people. It preys upon the “us v them” mentality.
Sounds contradictory, I admit, but it’s an interesting concept and raises an interesting question: Do we always have to agree before taking action?
(4/28/17)F. Peter Phillips
For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs.
An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
Andrea was kind enough to forward me a copy of her acceptance speech from Saturday. As you might expect it was inclusive, clever and funny. If you had to leave early and missed the luncheon, the text is included below. Make sure you read it in Andrea’s voice to get the full effect! ~ Kelly Browe Olson
Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.”
Focus and preparation are the muscles that will give us the perspective and control we need right from the starting gate.
(4/21/17)F. Peter Phillips
Lincoln famously wrote: As a peacemaker the lawyer has a superior opportunity of being a good man.
(4/21/17)Michael A. Zeytoonian
Resolving a Dispute is Like Traveling, Writing a Business Plan, or Choosing a Course of Medical Treatment:
If you take the wrong road, you won’t get the result you want.
In the past week the Internet went ablaze with news reports of United Airlines passenger Dr. David Dao’s merciless ejection from a Louisville-bound flight.
It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.
(4/21/17)Jan Frankel Schau
In mediation, I sometimes find that the hardest challenge is helping the “victim” to cease focusing on their past and begin to envision their future differently.
Disputes can often be sourced to a highly flammable communication medium.
If you believe someone is aggressive, could they behave more aggressively with you than with others?
A wonderful benefit of learning conflict resolution skills is using them to positively reframe my own challenging communications
Following up from our recent article on “10 excuses bosses give not to bring in a mediator”, here is an infographic illustrating the 10 top justifications senior managers give for not “bringing in the mediators” to resolve a conflict in their organisation. How many have you heard?
It was the breakthrough that we had been looking for. A new tool? No, it was a question that had allowed the person to reflect.
Well… we missed it again! International Day of Happiness was March 20, 2017, but, perhaps, missing it was not such a bad thing.
Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 8" Attorney Directory by Rankings.io. Mediate.com is the overall 8th ranked attorney directory and the only mediation or ADR directory listed!
In my sometimes over-simplified way of looking at negotiated agreements, I have argued that the most useful way to evaluate a potential deal is to compare it to alternatives that are actually available.
When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?
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As they are going up the hill, from out of nowhere, Jill makes an offhand but biting remark to which Jack responds negatively. The ensuing conversation gets totally off track on whether they should go up the hill and instead focuses on Jack’s personality traits and then on Jill’s personality traits.