Featured Blogs Section

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

Featured Blog Posts


F. Peter Phillips

Interesting China Conference

(7/21/17)F. Peter Phillips

An upcoming mediation conference looks like it will be very educational.

Katherine Graham

A Lovely Story That Explains How We Manage Our Feelings …

(7/21/17)Katherine Graham

Once there was a very small person who had feelings.

Lorraine Segal

How Yes/And Defuses Workplace Conflict

(7/21/17)Lorraine Segal

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.

Maria Simpson

Let It Go? You're Kidding!

(7/14/17)Maria Simpson

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.

John Lande

Introduction to the Stone Soup Project Mini-Course

(7/14/17)John Lande

This is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.

Joe Markowitz

Ten Duel Commandments

(7/14/17)Joe Markowitz

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.

Phyllis Pollack

If Only…?

(7/14/17)Phyllis Pollack

Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”

Meredith Richardson

Why Bother with Yellow Flowers When You Really Want a Turtle?

(7/14/17)Meredith Richardson

It’s better to be transparent and tell the person how the proposed solution could benefit everyone involved.

Patricia Porter

When Change Happens: Embracing The End First Before Starting Anew

(7/07/17)Patricia Porter

When a significant change in our life suddenly occurs, we experience a jolt. What’s going to happen next?

Phyllis Pollack

The CLRC’s Tentative Recommendation on Mediation Confidentiality!

(7/07/17)Phyllis Pollack

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.

Bernard Morrow

Reality Testing: The Right Dose at the Right Time

(7/07/17)Bernard Morrow

No one begins a dispute thinking they might be wrong.

Michael Mcilwrath

The Global Pound Conference Reaches Its Conclusion: User Focus Is Now Mainstream

(7/07/17)Michael Mcilwrath

Mark Twain once wrote that a person with a new idea “is a crank until the idea succeeds.”

Bruce Edwards

The ADR Imperative to Ensure Access to Justice

(7/07/17)Bruce Edwards

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.

Jennifer Shack

Conscious and Unconscious Thinking in Mediators

(7/07/17)Jennifer Shack

The mediation field now has more information in our push to unlock the black box of mediation.

How Mediation Works: Theory, Research, and Practice - Book Review

(6/30/17)F. Peter Phillips, Stephen Goldberg

This is a review of Stephen Goldberg's book How Mediation Works: Theory, Research, and Practice.

Joe Markowitz

California Law Revision Commission Recommendations

(6/30/17)Joe Markowitz

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.

Beth Graham

When the Empty ADR Chair Is Occupied by a Litigation Funder

(6/30/17)Beth Graham

Discussion about the ethical implications of having a litigation funder support a party in arbitration or mediation.

Martin Svatos

WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation

(6/30/17)Martin Svatos

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.

Marcy Einhorn

Why Should I Mediate?

(6/23/17)Marcy Einhorn

If you've reached an impasse in a dispute with someone, why bother bringing in yet another person to complicate things?

Lorraine Segal

Divine Listening and Managing Conflict

(6/23/17)Lorraine Segal

Use this perspective to look at the other person in conflict.

Tammy Lenski

5 Counter-intuitive Conflict Resolution Habits Worth Developing

(6/23/17)Tammy Lenski

Conflict resolution skills alone will only get you so far.

Michael A. Zeytoonian

The Case for Early Mediation; Part II of II

(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.

Beth Graham

DOJ Flips on Class Waivers Issue

(6/23/17)Beth Graham

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.

Charlie Young

Mediation Scenarios

(6/16/17)Charlie Young

This article presents multiple role-plays and reframing techniques to help mediators further their training.

Jacqueline Burnett-Brown

It Takes A Solomon: Tearing Children Apart in Divorce

(6/16/17)Jacqueline Burnett-Brown

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

Michael Leathes’ New Negotiation Book - Book Review

(6/16/17)Michael Leathes

Michael Leathes has written a book on negotiation that is aimed at corporate counsel.

Jen Reynolds

Where are we Going?

(6/16/17)Jen Reynolds

This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.

Larry Susskind

We Need Science Diplomacy!

(6/09/17)Larry Susskind

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.

Michael A. Zeytoonian

The Case for Early Mediation; Part I of II

(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.

Dan Simon

How Can the Presence of a Mediator INCREASE Party Self-determination?

(6/09/17)Dan Simon

When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.

David Zacks

Embrace Failure: Get A Good Result in Mediation

(6/09/17)David Zacks

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.

Sarah Cole

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

Phyllis Pollack

A Bully in Real Life

(6/02/17)Phyllis Pollack

Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times.

Joe Markowitz

Accountability

(6/02/17)Joe Markowitz

This article describes a process. The process the parties engaged in was so expensive and time-consuming that they felt abused by that system.

John Sturrock

Sergeant Pepper, Nostalgia, and Missing Socks

(6/02/17)John Sturrock

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”.

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