Featured Blogs Section

A list of current Mediate.com Featured Blogs is here. Blog policies are here.

Featured Blog Posts


Can Your Beliefs About Someone Alter Their Behavior?

(9/14/17)

If you believe someone is aggressive, could they behave more aggressively with you than with others?

Phyllis Pollack

A Fat Bias: Implicit or Explict?

(9/14/17)Phyllis Pollack

When you see an overweight person walking down the street, or perhaps sitting in a meeting with you, what is your reaction? Do you cringe or try to avoid that person?

Bernard Morrow

Joint Session: A Tale of Two Mediations

(9/14/17)Bernard Morrow

I share a tale of two wrongful dismissal mediations conducted weeks’ apart.

Patricia Porter

What Is Wrong With My Good Intentions?

(9/14/17)Patricia Porter

How do I make my intentions to be conflict competent a reality?

Shirli Kirschner

ADR and Religion

(9/08/17)Shirli Kirschner

What is the relevance of religion to ADR? This question is very different to considering the relevance of ADR to religion.

Michael A. Zeytoonian

What is Your Goal? Winning or Fixing?

(9/08/17)Michael A. Zeytoonian

What do you want? It’s a pretty simple question, really.

Tammy Lenski

Join the Resistance

(9/08/17)Tammy Lenski

When we notice resistance, a typical response is to try persuading them out of their resistance.

John Lande

How Can We Build Common Ground Between Bubbles? - Revisited

(9/08/17)John Lande

Richard Barbieri, the general editor of ACResolutions, the quarterly magazine of the Association for Conflict Resolution, was struck by my series of posts after the November election about building common ground between “bubbles” in our society.

Richard Posell

How ADR Can Help Keep Confidential Agreements Confidential

(9/08/17)Richard Posell

The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.

Shirli Kirschner

Accountability of ADR Practitioners

(9/01/17)Shirli Kirschner

Accountability of ADR practitioners is important to ensure the credibility and effectiveness of ADR processes.

Meriam Al-Rashid

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

Joy Rosenthal

I Hear You

(9/01/17)Joy Rosenthal

“I hear you.” Listening is a very simple act.

Phyllis Pollack

The Power of Silence

(9/01/17)Phyllis Pollack

While I have known that silence can be a powerful tool in my mediation tool box, I never really thought about until I read a recent article posted on the BBC news website called “The subtle power of uncomfortable silences."

Larry Susskind

Big Data, Urban Science and the Search for New Ways of Improving Life in the City

(8/25/17)Larry Susskind

Imagine you had all the data you could possibly want about a city. What might you do with all this information to help improve the quality of life in the city?

Lorraine Segal

Civil Conversations with “the Enemy”—A Tool for Working through Conflict

(8/25/17)Lorraine Segal

How can you have a civil conversation with people you think are absolutely wrong, even evil?

Beth Graham

Online Arbitration as a Remedy for Crowdfunding Fraud

(8/25/17)Beth Graham

In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.

John Lande

Dealing with Causes as Well as Symptoms of Law Students' and Lawyers' Lack of Well-Being

(8/25/17)John Lande

The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.

Gracious Timothy

IBA-VIAC CDRC Vienna 2017 - Where Mediation and Negotiation Cross Borders

(8/21/17)Jenny Driver, Mirella Kreder, Gracious Timothy

Following two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017.

Phyllis Pollack

Commenting on Tentative Recommendation

(8/21/17)Phyllis Pollack

On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402).

Shirli Kirschner

Access to Justice and ADR

(8/18/17)Shirli Kirschner

A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.

Steven Platt

Litigation vs ADR – Different Strokes for Different Folks

(8/18/17)Steven Platt

This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.

Beth Graham

Misclassification in the Sharing Economy: It’s the Arbitration Agreements

(8/11/17)Beth Graham

Elizabeth Chika Tippett, Associate Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It’s the Arbitration Agreements.”

Susan Yates

Mediators, Can We Shift Perspectives on the “Blind Men and the Elephant” Story?

(8/11/17)Susan Yates

I have a problem with a story that we in the conflict resolution field use and I’m hoping we can find a replacement for it.

Andrea Maia

Elementary, My Dear Watson!

(8/11/17)Andrea Maia

Nowadays, there are two recurring questions regarding Artificial Intelligence that are very difficult to be answered: How far will humans interact with machines? And until what point humans can be replaced?

Dan Simon

Why Don’t Transformative Mediations Get Violent?

(8/11/17)Dan Simon

“It’s important to set ground rules at the start of a mediation, and then you can remind the parties of those rules if they get off track later,” said a trainee in one of my mediation courses.

Phyllis Pollack

Time, Money, and Happiness

(8/11/17)Phyllis Pollack

This article discusses a study in which individuals reported greater happiness when they paid others to do their chores.

Maria Simpson

Soft Skills Are Back in Style

(8/08/17)Maria Simpson

In this digital world, the so-called “soft skills” are suddenly getting a lot of attention and being recognized as a key element of organizational development and improved performance.

Joy Rosenthal

Prenup? That’s Good News!

(8/08/17)Joy Rosenthal

Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.

Phyllis Pollack

The Need to Dance; the Fear of Failure

(8/08/17)Phyllis Pollack

The other day, I received a telephone call from an attorney wondering if I could conduct a mediation on very short notice.

John Sturrock

Knowing our Neighbours – a Mediator’s Reflection

(8/08/17)John Sturrock

I am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals.

Shannon Rios Paulsen

Children, Divorce, and Dating

(8/01/17)Shannon Rios Paulsen

In my role as a counselor for children of divorce, my focus is the children. The question about dating arises in every session of “Co-parenting Through Your Divorce” that I facilitate. This article addresses this question for parents of divorce and for those who are dating others who are divorced with children.

Richard Peachey

Student Welfare at the University of Cambridge Received a Funding Boost

(7/28/17)Richard Peachey

Student welfare at the University of Cambridge received a funding boost today as part of a sector-wide drive to embed a zero-tolerance approach to all forms of harassment on campus.

Jeff Thompson

Bill Richardson: America’s hostage negotiation strategy is broken

(7/28/17)Jeff Thompson

"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."

Larry Susskind

Contemplating the Need for more Peacebuilders

(7/28/17)Larry Susskind

Peacebuilders are trained professionals who deal with conflict inside organizations and between individuals, groups and organizations (including countries).

Michael A. Zeytoonian

If You Want Your “Day in Court”, Don’t Go to Court

(7/28/17)Michael A. Zeytoonian

“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.

Click here for MORE ARTICLES