Featured Blogs Section

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Featured Blog Posts


John Lande

Is Proportionality of Discovery Good or Bad?

(1/08/16)John Lande Many of us like the goals of reducing the adversarial elements of litigation but also want to protect plaintiffs’ reasonable access to the legal system. So are the new rules good or bad?
Sabine Walsh

Of Oysters and Unfortunate Injuries

(1/08/16)Sabine Walsh Who is Regulating Mediation in Ireland in 2016?

Enforcing Arbitration Clauses in Derivative Proceedings: Russia’s Perspective

(1/08/16)Mikhail Samoylov Russian courts take a view that a shareholder is not bound by an arbitration clause included in a contract.
Phyllis Pollack

Changing Our Habits !

(1/08/16)Phyllis Pollack For the first few weeks of 2016, we will keep our New Year’s resolutions but as time passes, they may fall by the wayside, and we will find ourselves doing the same things we promised ourselves we would avoid. Why? Habits!
Lorraine Segal

Is Revertigo Fueling Conflict at Your Workplace?

(1/04/16)Lorraine Segal Do you ever find yourself acting (out) like your five or fifteen year old self? If so you may be affected by revertigo!
F. Peter Phillips

Oregon Supreme Court on Mediation Confidentiality

(1/04/16)F. Peter Phillips On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately after, a mediation process.
Patricia Porter

New Year – New Beginnings – Better You

(1/04/16)Patricia Porter I love New Years because I love the idea of a new beginning. I like many others’ like to make New Year resolutions. I determine what my intentions for the coming year will be by reflecting on where I fell short over the last twelve months.
John Sturrock

The Music of Mediation

(1/04/16)John Sturrock Knowing that whoever reads this is probably relaxing with a fine wine in hand, or perhaps a favoured beer, away from the hustle and bustle of the usual diet of mediation work, this blog adopts a similarly indulgent and merry feel. Here is one mediator’s choice of mediation-themed songs (with a UK- and popular music-slant, I accept) with which I would happily be stranded on a desert island.
Eric Slepak

If And When ADR Should Be Introduced Into Student Debt Conversation

(1/04/16)Eric Slepak Just as homeowners over-leveraged themselves on the road to the foreclosure crisis, so too Americans now stand on the precipice of what could be an equally destabilizing student debt problem.
Jan Frankel Schau

A New Year’s Resolution: To Balance Fairness and Victimhood through Mediation

(1/04/16)Jan Frankel Schau In this new year, I hope that you will join me in giving voice to those who feel particularly and individually victimized, but in avoiding falling prey to those charismatic leaders who promise to speak for the victims en masse and to save them from the evil of those “on the other side”.
Lou Marlin

An Update on Dilts v. Penske Logistics

(1/04/16)Lou Marlin In response to the Supreme Court’ refusal to review the 9th Circuit decision in Dilts, the trucking industry supported a proposed amendment to the 2015 Federal Highway bill pending before Congress.

Conflict Resolution Meets Social Technology A New App Offers New Ways of Navigating Disagreements When Power Matters

(12/21/15)Robert Ferguson, Peter T. Coleman Most of what you have learned about conflict resolution is often wrong. At the very least, ineffective in the workplace.
Katherine Graham

Get More from Workplace Mediation, It’s Not a 1 Trick Pony!

(12/18/15)Katherine Graham In many organisations, mediation only plays a limited part as an activity to resolve a specific conflict. But it can do so much more.
Jeff Thompson

Talk the Talk: Negotiation with Somali Pirates

(12/18/15)Jeff Thompson You have to be robust, but at the same time you have got to show that you understand how the negotiation process works.
Tammy Lenski

The Importance of Silence in Conflict Conversations

(12/18/15)Tammy Lenski Whether we’re participants in a conflict conversation or mediating it, creating space for a question to be contemplated before answering is a powerful gift. When we fill the space out of our own discomfort with the silence, we inadvertently smother the possibility of a deeper answer.
John Lande

One Word

(12/18/15)John Lande Here’s an account of the negotiations leading up to the international climate change agreement.
Dan Simon

People Like Me Now!

(12/18/15)Dan Simon People accepting me gives me a great feeling of strength, which frees me up to be attentive and responsive to them, which enhances my sense of strength, which allows me to focus more on them, and so on.
Kim Taylor

Technological Advances Help Resolve Disputes

(12/18/15)Kim Taylor The modern lawyer has a very different lexicon from her predecessors, and an entirely new array of tools for practicing law and managing the practice of law.
Giuseppe Leone

Promoting Online Dispute Resolution in Africa - A Simple, Pragmatic Approach

(12/11/15)Giuseppe Leone The bad news in Africa is that, while mobile devices are very common, only few people know what ODR means, and how it can help them resolve disputes quickly and inexpensively.
Maria Simpson

Just Listen

(12/11/15)Maria Simpson Actually, there’s no “just” about it. Listening is often the hardest thing to do, if you really want to do it right.
John Ford

Are You Safe From Mixed Messages?

(12/11/15)John Ford When we are conveying our feelings or attitudes and there is any incongruency between what is being said, the tone of the voice and the body language, we place the least importance on the words used.
Phyllis Pollack

Which System Would the Jury Use?

(12/11/15)Phyllis Pollack If you have been reading my blogs, you know that I am interested in neuroscience and the notion as discussed by Daniel Kahneman in his book Thinking Fast and Slow that we have two systems of thought to get through our day.
Patricia Porter

The Conflict Pivot: Turning Conflict into Peace of Mind

(12/11/15)Patricia Porter If you’ve been told not to take conflict personally, you only have half the story. Before you can do that, you have to take conflict more personally.
Meredith Richardson

When a Former Boyfriend Gets Added into the Mix

(12/11/15)Meredith Richardson I already knew what happened next. I was as wrong as wrong can be.
Stephanie West Allen

Do You Have a Conflict Habit?

(12/11/15)Stephanie West Allen When a person affirms his or her deepest values, the process of conflict resolution can be easier, and often quicker.
Vivian Scott

Invisibility: My New Super-Power

(12/11/15)Vivian Scott This article discusses a skill that mediators need to learn in order to be successful when listening to parties.
Clare Fowler

Going Natural-- to Resolve Conflict?

(12/04/15)Clare Fowler Resolving Disputes can be as simple as . . . keeping it simple! A common key to resolving conflicts is to find the initial trigger.
Michael A. Zeytoonian

Do You Have Your Primary Care Lawyer?

(12/04/15)Michael A. Zeytoonian Most people have a primary care physician. But people and small businesses don’t often have a primary care lawyer.
Alberto Elisavetsky

“¿Es posible vivir de la mediación?” ¡Último online del año por Alberto Elisavetsky! Evento no arancelado

(12/04/15)Alberto Elisavetsky “¿Es posible vivir de la mediación?” La mediacion ha irrumpido en nuestras vidas de manera semi anarquica, muchos adherimos a su practica de una forma muy apasionada
John Lande

Another View of the New FRCP Rules

(12/04/15)John Lande I recently posted an item citing the IAALS’s work touting the benefits of the new amendments to the Federal Rules of Civil Procedure. For a counterpoint, here’s a draft article by SMU Professor Elizabeth G. Thornburg, Cognitive Bias, the ‘Band of Experts,’ and the Anti-Litigation Narrative.
Dan Simon

Mediation Study Bolsters Transformative Claims

(12/04/15)Dan Simon The Maryland Administrative Office of the Courts has completed a significant study of mediation methods.* It measured the effects, in parenting disputes, of different techniques. The report strongly supports that methods consistent with the transformative approach are more effective than others at achieving lasting improvement in the situations mediated.
Jennifer Shack

Access to Justice and ADR: What Is Needed for Parties to Experience Justice

(12/04/15)Jennifer Shack It is very important to provide information to parties in mediation so that they can be fully informed about their rights and what they are agreeing to. But there are better ways of doing this than to change the role of the mediator.
Jan Schau

Shining a Light on the Quiet Revolution of Mediation

(12/04/15)Jan Schau Behind closed doors, the workplace is changing for the better each day with mediation as it’s catalyst.
Jeff Thompson

Negotiations & The Paris Terrorist Attack

(12/01/15)Jeff Thompson Terrorists holding 20 people hostage in the Bataclan concert hall spoke to police negotiators five times on a mobile phone before officers finally stormed their hideout and brought the siege to an end.
Robert Arrington

The Continuing Struggle Over Class Action Waivers in Arbitration

(12/01/15)Robert Arrington The issue of mandatory arbitration of employment and consumer disputes continues to be controversial.
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