Featured Blog Posts
(12/18/16)F. Peter Phillips
On the front page of a New York Times there was an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 “sham” accounts were established.
This is a diagnosis for workplace mediators to include in their trainings.
Internal conflict resolution systems save huge amounts of money for their organizations.
When things are going well in a marriage, when you've been together for years and years, you can take your spouse for granted.
On December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to discuss its Study K-402-Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct.
Third party funding (TPF) of claims has been around for quite some time. Historically however, some jurisdictions have prohibited a stranger to a lawsuit financing the claim of another in return for a share of the spoils.
Transformative theory acknowledges people’s propensity to fall into a vicious cycle of feeling threatened, losing compassion for each other, and then behaving in ways that perpetuate or worsen those experiences.
La felicidad se construye con actos en el día a día que te hará ser consciente de que transitas junto a ella.
Professor Robert Condlin, University of Maryland Francis King Carey School of Law, has written an interesting paper entitled, “Online Dispute Resolution: Stinky, Repugnant, or Drab.”
Conflict takes root in the space between our narrative about what happened and theirs.
When we ask people to come up with a budget, even when they are given a detailed outline with prompts, they give us blank stares. Likewise, when we get those worksheets back, in many cases they are far from reality.
Since the election I’ve been hearing the same analysts that talked about the tone and style of the debates now talking a lot about listening and how so many people failed to listen carefully to others and understand their concerns.
Unless there’s a conflict crisis, the vast majority of conflicts fly under the radar; and the more senior managers are, the less they know!
This article discusses the film "Arrival," which attempts to make some larger points about language, arguing that the language we speak can actually affect the way we think.
At one point or another in our lives, most of us have told “little white lies” if only to avoid hurting someone’s feelings. In telling that “little white lie”, we tell ourselves it is harmless and it will lead to nothing, and definitely, will NOT lead us to tell “bigger white lies”.
There was a prominent mediation case that hit the headlines in Germany in October and November this year.
The new Department of Education rules include significant provisions restricting school arbitration agreements.
The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.
Conflict can rob you of two precious mental faculties useful for sorting things out.
Given that universities are where the ‘best educated’ people go, it is disheartening that so many of them appear to see university as a passport to transgress.
(11/04/16)Zeno Daniel Sustac
In Romania, there are over 4 million files waiting to be solved by courts – which implies a lot of stress, money and time.
A person who has a mental illness shares some tips on things she would prefer hearing instead of "get well soon."
(11/04/16)Michael A. Zeytoonian
We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs.
For foreclosure mediation programs, the data can tell the story of how homeowners are affected by changes to the program.
Successful collaboration is predicted by the transformative theory of conflict.
It is daunting, however, our role to hazard predictions about the next thirty years of conflict theory.
A few recent observations prompt this blog about language and the world of words that we work with in mediation.
Emotions, not logic, control our decision making.
The Boogeyman is real. And he is sitting at the mediation table.
(10/28/16)Tony Belak, Pradeep Deshpande
Traditional approaches to conflict resolution rely on negotiations and changes in training, policies, and procedures. Trying to fix problems after they have already occurred is akin to the desire to improve quality, productivity, and performance in manufacturing and service applications with monitoring alone.
El caso de investigación se basa en los problemas que genera el cambio de temperatura según las diferentes estaciones del año en un aula de una escuela secundaria de la Ciudad Autónoma de Buenos Aires.
Not only can the skills of mediation be applied to many different situations, but mediation can be influenced by other areas of study as well.
(10/28/16)F. Peter Phillips
What the West Can Learn from Chinese Mediation by Peter Phillips.
Training to be a mediator is very popular particularly for people who have been made redundant and are looking for alternative stimulating and rewarding employment. And quite right too because being a mediator is deeply satisfying work!
Click here for MORE ARTICLES
Conflict in personal, professional, and business relationships leaves permanent cracks and breaks behind. What if, instead of trying to ignore or hide the damage, we revered it, understanding that “better than new” is more valuable than “good as new”?