Featured Blogs Section

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

Featured Blog Posts


Joe Markowitz

Winning

(5/08/17)Joe Markowitz

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.

Phyllis Pollack

Jack and Jill Go Up a Hill… And Argued No More (Part 2!)

(5/08/17)Phyllis Pollack

The tribal effect is often deliberately used to manipulate and divide people. It preys upon the “us v them” mentality.

Maria Simpson

DIS-agree and Commit

(4/28/17)Maria Simpson

Sounds contradictory, I admit, but it’s an interesting concept and raises an interesting question: Do we always have to agree before taking action?

F. Peter Phillips

Consumer Redress and “The New Handshake”

(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.

Best Practices for Managing Wills Between Family Members

(4/28/17)Elaine Rushing

An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.

Andrea Schneider

Andrea Schneider's Award Acceptance Speech

(4/28/17)Andrea Schneider

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

Beth Graham

The Agreement to Arbitrate and the ‘Applicable Law’

(4/28/17)Beth Graham

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’.”

Pete Desrochers

Negotiation - Part 1

(4/27/17)Pete Desrochers

Focus and preparation are the muscles that will give us the perspective and control we need right from the starting gate.

F. Peter Phillips

Lawyers as Peacemakers and Changemakers

(4/21/17)F. Peter Phillips

Lincoln famously wrote: As a peacemaker the lawyer has a superior opportunity of being a good man.

Michael A. Zeytoonian

Resolving a Dispute is like Traveling…

(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.

Art Hinshaw

Aragaki - The Dao of Friendly Skies

(4/21/17)Art Hinshaw

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.

Dan Simon

Litigation–Style Mediation Has Got to Go

(4/21/17)Dan Simon

It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.

Jan Frankel Schau

The Challenge of Forward Vision in Mediation

(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.

Mervyn Malamed

Email and Text Messaging: A Greater Source of Conflict Than We Realize

(4/14/17)Mervyn Malamed

Disputes can often be sourced to a highly flammable communication medium.

Tammy Lenski

Can Your Beliefs About Someone Alter Their Behavior?

(4/14/17)Tammy Lenski

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

Lorraine Segal

The Uncertainty of Taxes—Positively Reframing a Difficult Workplace Communication

(4/14/17)Lorraine Segal

A wonderful benefit of learning conflict resolution skills is using them to positively reframe my own challenging communications

Katherine Graham

10 Excuses Bosses Give Not To Bring in a Mediator

(4/14/17)Katherine Graham

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?

Jason Dykstra

The Best Ten Minutes You'll Spend All Day

(4/14/17)Jason Dykstra

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.

Phyllis Pollack

Looking for Happiness!

(4/14/17)Phyllis Pollack

Well… we missed it again! International Day of Happiness was March 20, 2017, but, perhaps, missing it was not such a bad thing.

Joe Markowitz

Compared to What?

(4/07/17)Joe Markowitz

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.

Meredith Richardson

When in Conflict, Ask Yourself, "What are the unmet needs?"

(4/07/17)Meredith Richardson

When you are in conflict, what are your unmet needs? What are the unmet needs of the person with whom you are in conflict?

Phyllis Pollack

Jack and Jill Go Up a Hill….and Argue!

(4/07/17)Phyllis Pollack

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.

Sabine Walsh

Should Mediation Be Free?

(4/07/17)Sabine Walsh

It’s a no brainer, right? Shouldn’t it?

Mediate.com ZZZZZ

Mediate.com Recognized as a Top Attorney Directory for SEO!

(4/07/17)Mediate.com

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!

Maria Simpson

The Third Side

(4/03/17)Maria Simpson

Sometimes “new” information on conflict resolution sounds like what we already know, but an existing idea can be reframed and sound new all over again.

Vicki Shemin

Divorce Lawyers: 5 Little Known Things You Need To Know

(4/03/17)Vicki Shemin

There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.

Lorraine Segal

The Sun, the Wind, and Positive Change in the Workplace

(4/03/17)Lorraine Segal

In the classic folk tale, the Sun and the Wind each believe they are more powerful.

John Lande

Fascinating Simulation of Political Mediation in Scotland

(4/03/17)John Lande

The deliberative process this mediator conducted is such a stark contrast to the sharp political polarization and poor communication in the US these days.

Patricia Thompson

Drafting Arbitration Clauses in Construction Contracts

(4/03/17)Patricia Thompson

Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.

Mervyn Malamed

The Power, Rights, and Interests Hierarchy

(3/17/17)Mervyn Malamed

We tend to approach conflict situations as 'win/ lose'.

F. Peter Phillips

Apple’s Terms and Conditions

(3/17/17)F. Peter Phillips

The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy.

Phyllis Pollack

Too Much Information May Be Bad

(3/17/17)Phyllis Pollack

Often in negotiating, a party may make a monetary demand without providing any reasoning behind it.

Nadja Alexander

Towards a Harmonised Approach to Mediation Legislation in Asia?

(3/17/17)Nadja Alexander

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.

Mervyn Malamed

Mediation: What is it Really About?

(3/10/17)Mervyn Malamed

Mediation is successful more than 75% of the time, minimising costs in terms of time delays, frustration, and emotional impact on parties and their families.

David Weiss

New Jersey Mediation will Create a Hub for Mediation of International Disputes

(3/10/17)David Weiss

David Weiss, the Director of the Institute for Dispute Resolution (IDR) at New Jersey City University. , is interviewed by Laura A. Kaster, President of the Justice Marie L. Garibaldi New Jersey Alternative Dispute Resolution Inn of Court.

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