Featured Blog Posts
I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.
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.
(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.
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.
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.
(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.
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.
(9/16/16)Elly van Laar
You owe it to yourself to move to a place of compassion and empathy.
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.
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.
(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.
During conflict, focusing mostly on anger’s behavior instead of on anger’s real message is like burying the lede in a news story.
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.
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.
Think about the last time that someone asked us how things were going? We probably responded with, “pretty good, you know…keeping pretty busy!”
(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.
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.
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.
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.
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.
We share our experience and learnings of delivering Family Dispute Resolution into New Zealand prisons to improve the lives of children.
(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.
This blog may not have much to do with mediation but has everything to do with conflict resolution.
Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy.
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.
“Anger management works – if you’re not angry.”
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.
During the past year, there have been two interesting developments regarding mediation confidentiality.
Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.
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.
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A unique combination of nature, nurture and life experiences means that every one of us sees the world from a different perspective.