Featured Blogs Section

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Featured Blog Posts

Patricia Porter

Laughing Through Conflict – Benefits of Infusing Humor into Your Relationship

(3/31/16)Patricia Porter Humor and laughter can be a valuable tool for defusing the tension brought on by conflict.
Phyllis Pollack

Principles and Optimism /Realism and Compromise

(3/31/16)Phyllis Pollack As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!”
Ian MacDuff

More on the Global Pound Conference

(3/31/16)Ian MacDuff In this blog, I’ll offer three observations about technology and one about a very non-technological aspect of mediation from the Global Pound Conference.
F. Peter Phillips

Failure to Mediate Held as Ground for Summary Judgment

(3/29/16)F. Peter Phillips A recent decision of the Supreme Court of Nevada addresses the question whether a party’s ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.
Richard Peachey

Counting the Cost of Conflict - Video

(3/29/16)Richard Peachey This video produced by CMP Resolutions quickly describes a sample grievance process.
Michael A. Zeytoonian

Getting your day in court – what does it really mean? And how can we get it for you?

(3/29/16)Michael A. Zeytoonian “I want my day in court.” “I was wronged and something’s got to be done about it. We need to fix this.”
Beth Graham

9th Circuit Botches Another Arbitration Case

(3/29/16)Beth Graham One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court.
Bruce Friedman

Early Mediation of Insurance Coverage Disputes

(3/29/16)Bruce Friedman Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common.
Maria Simpson

PEARLS for Conversation

(3/18/16)Maria Simpson A key tenet of Communications 101 is that every communication has two messages: task and relationship.
Janet Rowles


(3/18/16)Janet Rowles It is common nowadays for people to get labeled HCPs and difficult people. This article briefly examines the attributes of so-called difficult people and compares them to how people normally behave and feel are when they are in conflict.
Martin Rosenfeld

The Saga of Edward Everett

(3/18/16)Martin Rosenfeld The famed orator Edward Everett was chosen to speak, to be followed by brief remarks by President Lincoln. History remembers only the Gettysburg Lincoln’s address and rarely makes mention of Everett’s oration.
Lorraine Segal

The Path of Love in Conflict Management

(3/18/16)Lorraine Segal When an organization is looking for someone to help them with persistent conflict or antagonistic patterns of interaction between people at work, the need for love isn’t likely to come first to mind.
Tammy Lenski

Overcoming an “Empathy Deficit” in Conflict

(3/18/16)Tammy Lenski The stress of conflict has ramifications we’re only just beginning to understand: We can apparently “catch” someone else’s stress physiologically.
Maria Simpson

Discussion and Dialogue

(3/11/16)Maria Simpson It seems there might be some confusion about the differences between discussion and dialogue, and between mediation and facilitation, so let’s try to clarify the different goals of each process, because they each require different skills and tactics.
Eric Slepak

In Mediation, As On Broadway, It’s All About The Room Where It Happens

(3/11/16)Eric Slepak In Broadway, the play Hamilton echoes the familiar goal of being part of the action-- the same theme we see parties deal with in ADR: who gets a say in the matter when there are lots of parties involved and/or many different interests at stake? In other words, who gets to be in the room where it happens?
Patricia Porter

Community Mediation: Empowerment and Dialogue

(3/11/16)Patricia Porter In many communities around the country there are community mediation centers supported by volunteer mediators. Community Boards of San Francisco is the oldest community mediation center in the country, started in 1976.
Ian MacDuff

“Stand by your devices”; or “Access through the [virtual] looking glass”

(3/11/16)Ian MacDuff My university has implemented an Emergency Preparedness Teaching and Learning [EPTL] initiative, as part of the planning for any recurrence of events (SARS, bird flu, etc) that might require the university to be closed for any length of time. This puts a plan in place to negotiate and communicate digitally--and it has been successful.
Bruno Bainsfair

“Any Party May Submit the Dispute to Binding Arbitration”: the Privy Council Examines the Option to Arbitrate

(3/11/16)Bruno Bainsfair The Privy Council, the final Court of Appeal for a considerable number of current and former Commonwealth countries and British Overseas Territories, has recently given a judgment of wide interest to arbitration practitioners and those looking to draft arbitration clauses in their agreements.
Michael P. Carbone

The Pre-Mediation Conference Call

(3/04/16)Michael P. Carbone During most of the 22 years that I have been mediating, I did not require counsel for the parties to participate in a pre-mediation conference call. I have rethought that.
Nancy Shuger

“If I could just get the relevant parties into the room…”

(3/04/16)Nancy Shuger This article addresses the question of how a mediator can bring disputing parties to the table when only one has expressed interest in mediation.
Stephanie West Allen

The Billable Hour: Damaging to your brain, detrimental to life satisfaction, and destructive to client trust?

(3/04/16)Stephanie West Allen You may listen to an exceptional and educational interview about the adverse effects of the billable hour on your brain, your life, your clients.
Patricia Porter

The Need To Be Heard And Acknowledged, Is It Enough?

(3/04/16)Patricia Porter You want to feel heard in a conflict. I believe it is also important that you have your feelings acknowledged when disputing with another.
Phyllis Pollack

Sidestepping Mediation Confidentiality

(3/04/16)Phyllis Pollack Once again, the Ninth Circuit has sidestepped discussing the contours of mediation confidentiality in federal lawsuits based on diversity jurisdiction.
Martin Rosenfeld

Eight Benefits of Collaborative Practice Training

(2/26/16)Martin Rosenfeld This article describes the benefits I see from taking Collaborative training.
Uma Ramanathan

Confidentiality as a Process Control Mechanism for Dispute Resolution

(2/26/16)Uma Ramanathan Decision-making, problem-solving and resolution of conflicts ultimately means reaching a certain set of goals. Unless the goals are perceived and the way cleared for focusing on the goals, escalation of a conflict cannot be deterred.
Robert Baum

Alimony Does Not Necessarily End Upon Retirement of the Wage Earner

(2/26/16)Robert Baum A common misconception is that alimony will automatically end when the person paying the alimony retires. Unless the settlement agreement specifically provides for alimony termination upon retirement, recent cases in hold that alimony will continue, although perhaps at a reduced amount.
Maria Simpson

Reframing "Confronting"

(2/26/16)Maria Simpson Last week I wrote about how words can become redefined, or new words developed to address new situations or the need for new terms. The example I used was “otherize,” the act of defining someone as not a member of our own group and therefore, open to suspicion and perhaps to unjust treatment.
Katherine Graham

How Do We Achieve Racial Equality Within Mediation? More Questions than Answers

(2/26/16)Katherine Graham White mediators tend to believe that as mediators they are impartial and empathetic, and that they are delivering a process that is balanced and empowering. So naturally, they believe their management of issues of race in a mediation is going to be fair and appropriate.
Tammy Lenski

Keeping Yourself (and others) Out of Conflict Corners

(2/26/16)Tammy Lenski It’s tempting to feel triumphant when we successfully back our nemesis into a figurative corner. But it’s ill-advised triumph.
Richard Birke

Fees & FINRA

(2/26/16)Richard Birke Following are two interesting and recent federal court rulings related to arbitration.
Katherine Graham

Why Managers Sometimes Need to be More Intrusive

(2/19/16)Katherine Graham Most people accept that life can be busy and difficult, and much of the time people cope with stress at work or with stress in their private lives. But there are very few who can cope with both at the same time – and the signs will be there if you look for them.
Lorraine Segal

Bad Art and the Benefits of Owning Our Mistakes at Work

(2/19/16)Lorraine Segal One of the big issues that creates conflict at work and interferes with harmonious relationships, is many people’s inability to acknowledge their own mistakes.
Tammy Lenski

Your Memory About What Happened is Probably Wrong

(2/19/16)Tammy Lenski Memory doesn’t exist to help us perfectly recall things in our lives. It’s there to help us survive. And to do its job properly, memory must evolve.
Maria Simpson

Instructing Without Instructions

(2/18/16)Maria Simpson How do you tell someone (not) to do something when you have no authority over that person? This is a case where your powers of persuasion will be tested. Here’s the plan we developed.
Jeff Thompson

Oregon Standoff Ends and The Surrender Ritual: Saving Face, TPI's & More

(2/12/16)Jeff Thompson The standoff in Oregon has concluded on Thursday after lasting for more than a month. The following article provides a great recap of the final moments and sheds some insight into the "surrender ritual"- the concluding moments of a a crisis/hostage incident.
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