Featured Blogs Section

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

Featured Blog Posts


Michelle Brenner

Grassroots Process for Resolving Structural Conflict

(2/17/17)Michelle Brenner

The inmates of Darwin’s Berrimah Prison are shown in a new light in Australia’s first documentary musical. The inmates share their feelings, faults and experiences in the most extraordinary way – through song.

Tammy Lenski

A Shadow Side to Good Listening

(2/17/17)Tammy Lenski

It’s hard to listen deeply from inside an argument.

Michael A. Zeytoonian

Navajo Dispute Resolution, Trump’s Tweets and the Lessons of Little Big Horn

(2/17/17)Michael A. Zeytoonian

I recently read a Daily Good story about Navajo Indian peacemaking, a seven-step process focused on restoring relationships, a notion the Navajo refer to as “K’e”.

Supreme Court Approves Drafting Role for Lawyer Mediators

(2/10/17)Michael Dwyer, Susan Hansen

This article discusses the new Wisconsin Rule Petition 16-04 that expanded the role of lawyer mediators in family law cases.

Jim W Hildreth

Will artificial intelligence (AI) , Amazon Echo Alexa , play a role in your Mediation Practice?

(2/10/17)Jim W Hildreth

I'm going to share a little secret, Akexa does meditations and affirmations--and maybe more?

Tammy Lenski

One Intriguing Reason it's Hard to Take Responsibility for Problems

(2/10/17)Tammy Lenski

The next time someone declines to take responsibility for words or actions that had a bad impact, don’t immediately assume it’s a flaw in their character.

Beth Graham

Revised ICC International Court of Arbitration Rules Become Effective March 1st

(2/10/17)Beth Graham

On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.

Eric Slepak

Takeaways from a Child Protection Mediator Training

(2/10/17)Eric Slepak

Child protection cases involve a child who has been removed from their home following a substantiated claim of abuse or neglect.

Phyllis Pollack

Just About at the End!

(2/07/17)Phyllis Pollack

While the exception to mediation confidentiality has a long way to go before it becomes law in California, I sense that the initial work of the CLRC is just about concluded.

Tammy Lenski

How to Say No Persuasively

(2/03/17)Tammy Lenski

“If you can’t say no, your yes is hollow.”

Larry Susskind

Socially Responsible Real Estate Development

(2/03/17)Larry Susskind

Direct engagement with a wide range of stakeholders, using the tools of Environmental and Social Impact Assessment, is required.

Beth Graham

Hawaii Bill Would Require Mediation Prior to Sale of Kuleana Land

(2/03/17)Beth Graham

A member of the Hawaii State House of Representatives has reportedly introduced a bill that would require mediation for certain real estate transactions occurring in the state.

Dan Simon

Even the Best Mediation Doesn’t Eliminate Differences – Nor Should It

(2/03/17)Dan Simon

Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.

Jan Frankel Schau

Bully Mediation

(2/03/17)Jan Frankel Schau

It is my observation that the bully approach is not effective in mediation, although it may be in court.

Maria Simpson

Such Interesting Language!

(1/27/17)Maria Simpson

The current linguistic environment is instructive, scary, and actually great fun.

Tammy Lenski

Two Smart Principles for Resolving Everyday Disagreements

(1/27/17)Tammy Lenski

Not all disagreements require long talks to resolve them sufficiently.

Beth Graham

SCOTX Refuses to Reconsider Patent Company’s Request to Vacate Arbitrator’s $3 Million Legal Fees Award

(1/27/17)Beth Graham

The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute.

Jane Greenspan

Title IX Investigations in Need of Reform

(1/27/17)Jane Greenspan

Although the criminal justice system is far from perfect and is sometimes forbidding and difficult to navigate for survivors of sexual violence, its reliability and independence does offer some advantages that could and perhaps should be assumed in on-campus proceedings.

Ian MacDuff

“To be truly radical is to make hope possible, rather than despair convincing”

(1/27/17)Ian MacDuff

This blog is an invitation not only to the students taking on the roles of client and counsel at the ICC competition, but also to the judges and mediators, to be aware of the unstated, and often unobserved and unrecognised differences between the parties that, despite the common ground of language and process, may well shape the parties’ perception of mediation, commercial relationships, the nature of purpose of mediation, and the design of acceptable outcomes.

Meredith Richardson

Are You Trying to Defy the Laws of Gravity in Your Conflict?

(1/27/17)Meredith Richardson

In their book, "Designing Your Life," authors Burnett and Evans talk about "gravity problems," things like gravity that you cannot change no matter how hard you try.

Lorraine Segal

The Zen of the Gym (part2)–What I’ve learned about workplace conflict resolution at the gym

(1/20/17)Lorraine Segal

Rather than trying to micromanage and control when I got to use the weight machines or a bench, I wanted serenity and harmony instead of getting my way at others’ expense.

F. Peter Phillips

Supremes Grant Cert on NLRB Challenge to Class Waiver

(1/20/17)F. Peter Phillips

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.

Tammy Lenski

Think With Your Hands for Better Problem Solving

(1/20/17)Tammy Lenski

New research is challenging the notion that thinking, problem solving, and decision making take place strictly in the head. And finally giving me some credibility when placing interactive toys in the middle of my mediation table.

Joe Markowitz

Attitude

(1/20/17)Joe Markowitz

Parties in conflict may face a choice among various modes of conflict resolution--litigation, arbitration, mediation, or some other formal or informal process.

Secondments in International Arbitration

(1/20/17)John Lande, Daniel Dilor, Raul Pereira de Souza Fleury

Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.

John Lande

What is Negotiation, Anyway?

(1/20/17)John Lande

What is Negotiation? Actually, it is surprisingly difficult.

Tammy Lenski

Pattern Interrupt: Before you send that email…

(1/13/17)Tammy Lenski

There’s a difference between being justified in your response and the response being a good choice.

Jeff Thompson

The Importance of Control During Crisis Incidents

(1/13/17)Jeff Thompson

If a person is in crisis, the odds are they feel like something important is missing- control.

Jan Frankel Schau

Why Civility Matters in Mediation

(1/13/17)Jan Frankel Schau

We are living in interesting times here in America. It is the first time in my lifetime that I can recall a conscious effort to keep my politics and views on issues of ethics and morality to myself–rather than risk making enemies of those whom I trusted to be friends.

John Lande

Building Common Ground Between Bubbles - Part 5

(1/13/17)John Lande

President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries.

Jason Dykstra

Learning to Love

(1/06/17)Jason Dykstra

This article discusses a New Year's Resolution for bettering relationship and communication.

Beth Graham

Empirical Findings on International Arbitration: An Overview

(1/06/17)Beth Graham

In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration.

Jan Frankel Schau

Barriers to Settlement: Fear of Regrets

(1/06/17)Jan Frankel Schau

Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.

Sabine Walsh

New Year’s Resolutions for Mediators

(1/06/17)Sabine Walsh

This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them.

John Sturrock

Mediation Kindness in 2017?

(1/03/17)John Sturrock

Even with the inspiration of others, it’s understandable that we sometimes think the world’s problems are so big that we can do little to help.

Click here for MORE ARTICLES