Featured Blogs Section

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

Featured Blog Posts

John Lande

Lainey Feingold's Book on Structured Negotiation

(10/03/16)John Lande I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.
Joe Markowitz

Meet and Confer

(10/03/16)Joe Markowitz For those who still think that litigation must always be conducted in an adversarial manner--that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution--consider that the courts are telling you otherwise.
Jan Frankel Schau

Talking the Talk of Mediation

(10/03/16)Jan Frankel Schau Most people know that when you approach mediation, you typically bring a different tone of voice and even a different vocabulary from the rest of litigation.
Phyllis Pollack

Random Thoughts

(10/03/16)Phyllis Pollack Recently (as part of a book club), I read The Psychology of Conflict by Raul Randolph (Bloomsbury Publishing PLC, London 2016) who is a barrister and mediator. His approach is to use existentialism as the vehicle through which to discuss the psychological aspects of mediation.
Roland Chesters

When Does Unconscious Bias Become Discrimination?

(9/23/16)Roland Chesters Nobody likes to be told they are biased – usually. Most of us would like to think that we are fair and open-minded, willing to explore the unknown – to a degree, accepting of other people’s differences. At least that’s what I used to think.
Jan Frankel Schau

Money and Happiness: How Mediation can change your client’s outlook

(9/23/16)Jan Frankel Schau It seems to me that if the mediator can symbolically suggest that within 30 days, the individual would have $XXXXX in their bank account to do with whatever they wish, including merely keeping it in there as a “safety” precaution if times get rough, we might go a long way towards boosting their happiness quotient.
Nadja Alexander

UNCITRAL and the enforceability of iMSAs: the debate heats up – Final Installment

(9/23/16)Nadja Alexander The mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies.
Elly van Laar

Want to Transform Enemy Images? Start with Selflove

(9/16/16)Elly van Laar You owe it to yourself to move to a place of compassion and empathy.
John Lande

Non-Apology Apologies, Part 2

(9/16/16)John Lande It seems that there are a lot of stories about questionable apologies in the news lately. I don’t intend to discuss all of them, but here are a few more thoughts about some of them.
John Sturrock

Olympian Mediation

(9/16/16)John Sturrock The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory Coast opponent in the last second of the bout, giving the latter his country’s first ever Olympic gold medal.
F. Peter Phillips

New York’s Global Pound Conference

(9/16/16)F. Peter Phillips A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.
Tammy Lenski

The Real Message Anger is Trying to Deliver

(9/16/16)Tammy Lenski During conflict, focusing mostly on anger’s behavior instead of on anger’s real message is like burying the lede in a news story.
Phyllis Pollack

Emotions Control

(9/16/16)Phyllis Pollack Researchers discovered that when the LSU Tigers unexpectedly lose a football game, the juvenile judges take their anger/frustration at the loss out on the juveniles before them by imposing longer sentences.
Meredith Richardson

When Your Game Face Makes You Out of Touch With Your Emotions

(9/16/16)Meredith Richardson Our game face, or our poker face, is the face we put on for the outside world that masks what is happening for us internally.
Jason Dykstra

Solving the Busyness Problem

(9/09/16)Jason Dykstra Think about the last time that someone asked us how things were going? We probably responded with, “pretty good, you know…keeping pretty busy!”
F. Peter Phillips

Boiling Down Consumer Arbitration

(9/09/16)F. Peter Phillips By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed.
Tammy Lenski

3 Everyday Practices That Will Make You a Good Listener

(9/09/16)Tammy Lenski You don’t get better at listening during conflict by practicing during conflict. You get better at listening during conflict by practicing outside of conflict, where the stakes are lower and it’s easier to be on top of your game.
Jeff Thompson

Stress and Crisis Hostage Negotiation

(9/09/16)Jeff Thompson Stress is something synonymous with the world of crisis and hostage negotiation. Stress is expected but when unchecked and unaccounted for, it can lead to spontaneous actions, foolish moves, inaccurate assumptions being made, and potentially violence. This article provides multiple resources for dealing with stress.
John Lande

Training Law Students to be Leaders

(9/09/16)John Lande The Ohio State program teaches students about lawyers’ service as leaders in various ways in their work in addition to lawyers’ generally-recognized leadership roles in civic society, including public service, outside their day jobs.
Lester Levy

Resolving Complex Environmental Disputes

(9/09/16)Lester Levy This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and remediating an extended plume of PCP groundwater contamination.
Keri Morris

Improving the Lives of Children by Delivering Family Dispute Resolution into New Zealand Prisons

(9/02/16)Keri Morris We share our experience and learnings of delivering Family Dispute Resolution into New Zealand prisons to improve the lives of children.

Self-help Mediation Tool for Couples

(9/02/16)Søren Braskov, Asger Neumann This article presents a self-help tool for people in the marriage or relationship. The tool includes principles for mediation and refers to the use of a mediator if conflicts are too difficult for themselves to solve.
Phyllis Pollack

Bring Them Cake!

(9/02/16)Phyllis Pollack This blog may not have much to do with mediation but has everything to do with conflict resolution.
Nadja Alexander

The Regulatory Robustness Rating in Practice: Conclusion

(9/02/16)Nadja Alexander Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy.
Meredith Richardson

Could Your Relationship Survive a Crisis?

(9/02/16)Meredith Richardson The bigger story when you are in a crisis is how it impacts your relationship with your spouse and what that says about your relationship.
Maria Simpson

So Much Anger to Manage! Part 2

(8/26/16)Maria Simpson “Anger management works – if you’re not angry.”
Ian MacDuff

The Power of the Unexpected Question

(8/26/16)Ian MacDuff As mediators, it is great to reflect on the challenge and the power of finding just the right question – usually one that can’t be planned, but one that reflects an intuition about what “tweaks” the conversation could withstand and what might just provide a new direction.
Phyllis Pollack

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

(8/26/16)Phyllis Pollack During the past year, there have been two interesting developments regarding mediation confidentiality.
Beth Graham

The Arbitrator Survey: Practices, Preferences and Changes on the Horizon

(8/26/16)Beth Graham Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.
Maria Simpson

So Much Anger to Manage!

(8/19/16)Maria Simpson Everybody seems to be angry lately, and a lot of people are writing about it.
F. Peter Phillips

New Book on Business ADR

(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.”
Lorraine Segal

Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.
Constantin-Adi Gavrila

What’s In It For Us?

(8/19/16)Constantin-Adi Gavrila 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.
Dan Simon

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon The communication problems that happen in the mediation session might be symptoms of the conflict.
Patrick Moulsdale

How Do You Deal with Conflict as a Leader?

(8/12/16)Patrick Moulsdale A unique combination of nature, nurture and life experiences means that every one of us sees the world from a different perspective.
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