Featured Blog Posts
(7/21/17)F. Peter Phillips
An upcoming mediation conference looks like it will be very educational.
Once there was a very small person who had feelings.
Many conflicts at work and everywhere expand and linger because people believe there is only one right answer or one way to see or do things.
One of the most conflict-ridden situations is that moment when our emotions take over our ability to respond thoughtfully, especially to a disagreement with a colleague.
This is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.
We may think we have progressed far beyond the barbaric practice of dueling, but based on the way dueling is described in this show, it appears to function in much the same way as as our more modern systems of dispute resolution today.
Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”
It’s better to be transparent and tell the person how the proposed solution could benefit everyone involved.
When a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?
If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for “legal malpractice” occurring in a mediation context.
No one begins a dispute thinking they might be wrong.
Mark Twain once wrote that a person with a new idea “is a crank until the idea succeeds.”
On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.
The mediation field now has more information in our push to unlock the black box of mediation.
(6/30/17)F. Peter Phillips, Stephen Goldberg
This is a review of Stephen Goldberg's book How Mediation Works: Theory, Research, and Practice.
The California Law Revision Commission has issued its draft recommendations for an amendment to the Evidence Code carving out a new exception to mediation confidentiality.
Discussion about the ethical implications of having a litigation funder support a party in arbitration or mediation.
Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.
If you've reached an impasse in a dispute with someone, why bother bringing in yet another person to complicate things?
Use this perspective to look at the other person in conflict.
Conflict resolution skills alone will only get you so far.
(6/23/17)Michael A. Zeytoonian
In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.
Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.
This article presents multiple role-plays and reframing techniques to help mediators further their training.
When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.
Michael Leathes has written a book on negotiation that is aimed at corporate counsel.
This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.
My colleague, Professor Paul Berkman, has launched a Science Diplomacy Center at Tufts University. This is a campus-wide initiative coordinated through the Fletcher School of Law and Diplomacy.
(6/09/17)Michael A. Zeytoonian
Before we talk about mediation and the value of early mediation, let’s start with two key questions to ask yourself about your dispute.
When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.
Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before.
Is it time to revise the Model Standards for Mediators?
Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times.
This article describes a process. The process the parties engaged in was so expensive and time-consuming that they felt abused by that system.
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Nostalgia is defined as “a sentimental longing or wistful affection for a period in the past.” Apparently, the word nostalgia has its origins in a Greek compound, consisting of nóstos, meaning “homecoming”, and álgos, meaning “pain” or “ache”.