Featured Blogs Section

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

Featured Blog Posts


Marcy Einhorn

Why Should I Mediate?

(6/23/17)Marcy Einhorn

If you've reached an impasse in a dispute with someone, why bother bringing in yet another person to complicate things?

Lorraine Segal

Divine Listening and Managing Conflict

(6/23/17)Lorraine Segal

Use this perspective to look at the other person in conflict.

Tammy Lenski

5 Counter-intuitive Conflict Resolution Habits Worth Developing

(6/23/17)Tammy Lenski

Conflict resolution skills alone will only get you so far.

Michael A. Zeytoonian

The Case for Early Mediation; Part II of II

(6/23/17)Michael A. Zeytoonian

In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.

Beth Graham

DOJ Flips on Class Waivers Issue

(6/23/17)Beth Graham

Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.

Charlie Young

Mediation Scenarios

(6/16/17)Charlie Young

This article presents multiple role-plays and reframing techniques to help mediators further their training.

Jacqueline Burnett-Brown

It Takes A Solomon: Tearing Children Apart in Divorce

(6/16/17)Jacqueline Burnett-Brown

When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.

Michael Leathes

Michael Leathes’ New Negotiation Book - Book Review

(6/16/17)Michael Leathes

Michael Leathes has written a book on negotiation that is aimed at corporate counsel.

Jen Reynolds

Where are we Going?

(6/16/17)Jen Reynolds

This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.

Larry Susskind

We Need Science Diplomacy!

(6/09/17)Larry Susskind

My colleague, Professor Paul Berkman, has launched a Science Diplomacy Center at Tufts University. This is a campus-wide initiative coordinated through the Fletcher School of Law and Diplomacy.

Michael A. Zeytoonian

The Case for Early Mediation; Part I of II

(6/09/17)Michael A. Zeytoonian

Before we talk about mediation and the value of early mediation, let’s start with two key questions to ask yourself about your dispute.

Dan Simon

How Can the Presence of a Mediator INCREASE Party Self-determination?

(6/09/17)Dan Simon

When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.

David Zacks

Embrace Failure: Get A Good Result in Mediation

(6/09/17)David Zacks

Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before.

Sarah Cole

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

Phyllis Pollack

A Bully in Real Life

(6/02/17)Phyllis Pollack

Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times.

Joe Markowitz

Accountability

(6/02/17)Joe Markowitz

This article describes a process. The process the parties engaged in was so expensive and time-consuming that they felt abused by that system.

John Sturrock

Sergeant Pepper, Nostalgia, and Missing Socks

(6/02/17)John Sturrock

Nostalgia is defined as “a sentimental longing or wistful affection for a period in the past.” Apparently, the word nostalgia has its origins in a Greek compound, consisting of nóstos, meaning “homecoming”, and álgos, meaning “pain” or “ache”.

Jacqueline Burnett-Brown

It Takes A Solomon: Tearing Children Apart in Divorce

(6/02/17)Jacqueline Burnett-Brown

When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.

Michael P. Carbone

Cognitive Bias Revisited

(5/26/17)Michael P. Carbone

By now we should all be familiar with what "cognitive bias" is: a mistake in reasoning or decision-making that is caused by sticking to our own pre-conceived ideas based upon personal preferences or feelings.

F. Peter Phillips

Verdict in JAMS Lawsuit

(5/26/17)F. Peter Phillips

A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider, alleging that the arbitrator’s qualifications had been misrepresented on the provider’s website.

Patricia Porter

Mediation, Elder Abuse And Saving The Family: Mediation & Conflict Strategies To Avoid Elder Abuse

(5/26/17)Patricia Porter

As Americans are getting older, more and more issues arise relating to elder abuse in financial and health care settings. Studies show that the majority of abuse occurs within the family. What can be done to resolve these issues? Listen to a respected elder abuse mediator and author, Steve Mehta, and learn how to address these difficult issues.

Bernard Morrow

Study: Results Point to the Value of a Joint Session

(5/26/17)Bernard Morrow

The use of the joint session in mediation has been a hot topic of study and debate in recent years.

Joe Markowitz

Reading Emotions

(5/26/17)Joe Markowitz

A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.

Lorraine Segal

On Being Bullied—reflections, lessons, and gratitude 8 years later

(5/22/17)Lorraine Segal

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.

Jacqueline Burnett-Brown

Toxic School Environments Make Teachers Sick

(5/22/17)Jacqueline Burnett-Brown

Is your workplace a toxic environment? If there is more than one person per week out sick in your department, chances are it is.

Sarah Cole

Nursing Homes May Continue to Use Arbitration Agreements

(5/22/17)Sarah Cole

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.

Jan Frankel Schau

If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation

(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”.

Phyllis Pollack

A Real Case of Prisoner’s Dilemma

(5/22/17)Phyllis Pollack

One of the first things I learned about in game theory was the prisoner’s dilemma.

Jacqueline Burnett-Brown

Marital Conflict is Not a Mental Health Disorder

(5/12/17)Jacqueline Burnett-Brown

When two people form a union, whether a legal union – such as marriage, or a domestic partnership, there will be conflict.

Jan Frankel Schau

The Role of Humility in Mediation

(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.

John Lande

Creating Knowledge Together

(5/12/17)John Lande

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.

Susan Yates

Mediation Shouldn’t Be More of a Barrier Than a Boon

(5/12/17)Susan Yates

When it comes to defining mediation, I am not a strict constructionist.

Tammy Lenski

How to be Truly Helpful When Someone is Upset

(5/08/17)Tammy Lenski

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.

Jeff Thompson

New ISIS "Just Terror Tactics" Calls For Hostage Taking

(5/08/17)Jeff Thompson

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.

Larry Susskind

What's Happening in the Field of Urban Planning?

(5/08/17)Larry Susskind

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.

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