Featured Blog Posts
Everybody seems to be angry lately, and a lot of people are writing about it.
(8/19/16)F. Peter Phillips
The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”
When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.
The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.
The communication problems that happen in the mediation session might be symptoms of the conflict.
A unique combination of nature, nurture and life experiences means that every one of us sees the world from a different perspective.
Bickering, an argument about trivial matters, is one of those everyday bad habits that feeds the growth of destructive conflict in a relationship.
One can look at our history as a 240-plus-year multi-party multi-issue negotiation in which our shared understandings have been revised and refined.
For those of you looking for a little challenge in your spare time, please read on for the Kluwer Mediation Blog’s inaugural summer quiz.
An article, from the Harvard Law School Program on Negotiation entitled “Salary Negotiations”, focuses on negotiating the best salary possible, some of its points are equally applicable to negotiations in general.
If Brexit were an ancient Greek tragedy, David Cameron would be the tragic hero.
For creative artists, entertainers and performers – whether an author, painter, musician, actor or singer – disputes involving one’s work can be deeply personal.
Disputing is proud to announce that “Special Masters: A Different Answer to a Perennial Problem” by Merril Hirsh, James M. Rhodes, and Karl Bayer has been published in the most recent edition of the American Bar Association’s Judges’ Journal.
(8/08/16)Jan Frankel Schau
So many conflicts seem to arise out of a simple lack of tolerance. Whether it arises from diversity of style, world-view, religion, values or backgrounds, folks sometimes just shut down and refuse to engage with others–and then trouble brews.
The other day I heard a story about a mom that had decided to go back to school to get her Masters Degree to further her career.
(8/05/16)Michael A. Zeytoonian
In one of the strangest presidential campaigns in American history, one common theme stands out, unfortunately – that of finding fault with the other side. For whatever reasons, politicians spend too much time talking about what their opponent is or has been doing wrong
I received an interesting update from Civility Partners last week on bullying, citing research showing that “education, government and healthcare are three industries where bullying seems to really thrive.”
(7/29/16)Michael P. Carbone
It's that time. You've just returned to your office from a case management conference.
Several months ago, a friend asked me how one goes about practicing forgiveness with respect to someone who persists in crossing relational boundaries, making unkind remarks, refusing to take responsibility for his/her behaviour, etc.
This article discusses hope and despair in the landscape of today.
(7/22/16)Jim W Hildreth
This post describes another tool that mediators can add tot heir toolbag.
(7/22/16)John Paul Lederach
A blog series from Dr. John Paul Lederach, Humanity United Senior Fellow, exploring the challenges of social fragmentation and conflict with a focus on reconciliation, social healing, and human flourishing.
This article provides a self-reflection checklist for mediators to consider following a mediation.
In his publication, “Are Rules Allowing Arbitral Sanctions a Mirage?,” Mr. Morrow discusses whether an arbitrator may use permissive procedures to impose sanctions beyond those currently available by judicial decree.
Being confrontational will usually do you more harm then help. Here’s a mediator’s tip for how to confront someone and raise an issue for discussion without being aggressive or argumentative.
A recent study out of Columbia University suggests that nice mediators finish last.
Canada does not pay ransom to terrorist kidnappers. It only feeds their appetites. The best way to fight this wave of violence is to say no.
Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.
Our intent in a recent training was to provide new mediators training in parenting plan mediation, we received so much more. Over the course of the weekend, I found myself reexamining some of my beliefs about mediation practice.
(7/15/16)Jan Frankel Schau
This was an interesting week. I mediated three contentious, litigated matters. I did something a bit out of the ordinary for that phase of the mediation . . .
There are right ways and wrong ways to say “I am sorry”. Most of us have figured out the wrong ways… by accident.
Someone renting the house across the street from us has been blasting loud music very late at night, and I've been wondering how to deal with it.
Coming into a role where you are expected to get others to work together efficiently and effectively to create the best possible product or service isn’t an easy task.
Sometimes as part of an investigation, you have to determine whether a policy is inherently flawed or whether a manager is applying it incorrectly – intentionally or not.
(7/11/16)F. Peter Phillips
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Richard Nixon was responsible for many teaching moments. One of my favorites is the advance in American appreciation of the difference between the passive voice (“Mistakes were made”) and the active voice (“I made mistakes”).