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Mediate.com Featured Blogs

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More This Week's Best Blog Posts



F. Peter Phillips
Colin J. Wall Memorial (8/07/15)
F. Peter Phillips
The death of Colin J. Wall on July 16, 2015, is a crushing blow to our profession and a personal loss to me.

Phyllis Pollack
Empathy - Part 1 (7/31/15)
Phyllis Pollack
Empathy- it is an interesting word. Although containing only 7 letters, it is packed full of meaning. The Merriam-Webster dictionary defines “empathy” as “the feeling that you understand and share another person’s experiences and emotions: the ability to share someone else’s feelings.”

Joe Markowitz
Openings (7/31/15)
Joe Markowitz
In a prior post, I suggested that in the absence of a thorough re-vamping of the rules of civil procedure, parties and practitioners should try to invent new ways to resolve disputes outside the court system, How exactly would that work?

Gary Direnfeld
Just to be clear: Family Court Doesn’t Resolve Conflict (7/30/15)
Gary Direnfeld
Parents turn to the court thinking a Judge will settle matters and life will be peaceful thereafter. This is far from the truth.

Michael A. Zeytoonian
Legal Informed Consent Includes Knowing Your Legal Process Options (7/30/15)
Michael A. Zeytoonian
"An educated consumer is our best consumer." That was the memorable tagline for Syms, a successful men’s clothing retail store in the New York area years ago. It struck a chord for many reasons. A business that wants its customers to be educated on its products or services reflects honesty, transparency and a shared desire for quality and value. It respects and compliments the customers. It implies that the business wants its customers to be intelligent, do their homework, research and due diligence before coming into the store or office and doing business together.

John Lande
Seeing the World Through Others’ Eyes (7/30/15)
John Lande
In our conversations, I have talked about the value of trying to see the world through others’ eyes. There are several reasons why I have found it valuable including moral, practical, and even mental health reasons – it helps me maintain whatever sanity I have left.

Lynn Duryee
Make the Most of Your Mediation: The Single-Family Construction Defect Case (7/30/15)
Lynn Duryee
How can you economically and effectively settle the single-family construction defect case? In a recent mediation involving a homeowner, contractor and 15 subs, the participants used the following practices, which resulted in 16 signed settlements at the end of one day.

Richard Barbieri
The Future of Mediation: Changing the Default of Fault (7/21/15)
Richard Barbieri
Will the future of mediation be, as Woody Allen remarked, “much like the present, only longer”? Given what we know about human nature, systems, and the resistance of each to change, that’s perhaps the safest prediction. But it’s also a less than hopeful prognosis, because mediation has much to offer the future, far more than it has achieved at present.

Katherine Graham
Counting the Cost of Conflict (7/21/15)
Katherine Graham
In our final week of watching Carol’s struggle with Mike and her team, we see the outcome which many organisations are all too familiar with, as the employer is now Counting the Costs.

Lorraine Segal
The Long Path to Immediate Forgiveness (7/21/15)
Lorraine Segal
I had a short lived fight with my wife, Linda, recently that I actually feel good about, because it shows the positive results of my ( and her) long hard work on forgiveness.

Phyllis Pollack
Mediation Marathon (7/21/15)
Phyllis Pollack
I have mixed emotions. Why? Recently, I have conducted multiple mediations simultaneously in matters involving the same plaintiff’s counsel and defendant’s counsel. These are lemon law cases and so frequently the same plaintiff’s counsel will have multiple cases with the same defense counsel. The mediations are thus scheduled for a single day and only counsel are present.

Ian MacDuff
On Civility: Mediation and Ethics Part 2 (7/21/15)
Ian MacDuff
What a broad reading of ethics can also give us is another analytical tool, to enrich one specific resource mediators already have: the practice of framing and reframing.

Jeff Thompson
Researchers Identify Useful Negotiation Strategies for 'Honor Cultures' (6/19/15)
Jeff Thompson
The following research study could be of interest to crisis negotiators as it involves the concept of different cultures- especially those in which "honor" has a significant role.

Jai Jayaraman
“Bags of Trouble” (6/19/15)
Jai Jayaraman
I started getting interested in conflict resolution back in the late 90s. At the time I was a business analyst working on retail supply chain issues.

Viggo Boserup
Consolidation and Conflict in the Health Care Industry (6/19/15)
Viggo Boserup
The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health care industry in the past 20 years. - See more at: http://jamsadrblog.com/#sthash.AQhZ4CpV.dpuf

Tammy Lenski
The Surprising Way to Ask Better Questions in Conflict (6/19/15)
Tammy Lenski
When we’re stuck in conflict, sometimes it’s the questions we’re asking ourselves or our sparring partner. To ask better questions in conflict, try this surprisingly useful trick…

Charlie Irvine
Lawyers of the Future on Mediation: Threat or a Promise? (6/19/15)
Charlie Irvine
We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments.

Joe Markowitz
Trade Negotiations (6/19/15)
Joe Markowitz
This article contains some thoughts based on my experience with negotiation and mediation in general that may be relevant to the ongoing Congressional fight over passage of fast track authority for the Trans-Pacific Partnership (TPP) trade agreement (which suffered a major setback in June, 2015).

Dave McDonald
Say it Ain't So, Marge and Homer! (6/12/15)
Dave McDonald
It was leaked recently that Marge and Homer Simpson are soon planning to separate. I guess the divorce rate in Springfield is comparable to the rest of the United States, and with Homer’s continued antics, how can you blame Marge?

Jason Dykstra
Why We Have Different Experiences (6/12/15)
Jason Dykstra
How often does this happen to us? We experience the same action as another person and walk away from the action with a totally different perspective that happened. It happens at staff meetings, conversations with our bosses or employees, and even with our partners and kids.


Missourri Declares it Unconscionable for NFL Commissioner to Arbitrate Employment Dispute (6/12/15)
Beth Graham, Liz Kramer
Disputing would like to invite you to check out Liz Kramer’s recent blog post entitled “Missouri Declares It Unconscionable For NFL Commissioner to Arbitrate Employment Dispute.” In her blog post, Ms. Kramer examines two significant arbitration decisions that were recently issued by the Supreme Court of Missouri.

Katherine Graham
So You Think You Don’t Need Dispute Resolution in Your Organisation? (6/12/15)
Katherine Graham
Over the next 6 weeks we will be following Carol, Mike and their colleagues, as they experience the difficulties that arise when we don’t have the skills to handle conflict at work. It all ends in an unnecessary grievance; so how did something that started out as a small problem get to that outcome?

John Lande
Planning is Critically Important for Early Dispute Resolution (6/12/15)
John Lande
Early mediation is a waste of time. This was a refrain I heard several months ago at a meeting of lawyers representing large corporations.

Zachary Ulrich
Not All Mediation Educational Programs Are Worth the Time or Money (6/12/15)
Zachary Ulrich
Given the rapid expansion of the mediation field over the past several decades, an increasingly important question for young and aspiring mediators is whether it is worth the time and/or money to invest in what are, in many cases, quite extensive mediation and dispute resolution training programs that have popped up around the world.

Tammy Lenski
Walk it Out to Work it Out (6/12/15)
Tammy Lenski
If you want to boost creative problem solving or get a fresh perspective, then get up from your conference room table and climb out of those comfy living room chairs. Walking is better.

Belinda Jokinen
Dissolution- Don’t let the Resolve Dissolve (6/06/15)
Belinda Jokinen
I was helping this couple, Jane and John of course, sort out the details of their divorce. The item that was the most difficult to “separate” was the china cabinet. They had invested time, and money, and both had an attachment to it. We were on our 3rd session and they had been able to remain in the same room every time. When we discussed the cabinet they got real snippy so it was time to visit with them separately.

Gary Direnfeld
Separated Parents and the Continuum of Conflict (6/06/15)
Gary Direnfeld
Not all parental separations are alike and not all parental separations spell disaster for their children. The social science research advises that the most salient factor in determining risk for poor developmental outcomes for children subject to parental divorce is the level of conflict between the parents.

Michael Moffitt
A Maddening Nevada Supreme Court Case (6/06/15)
Michael Moffitt
Three days ago, the Nevada Supreme Court released an opinion in the case of Weddell v. Sharp et al. (Here). Although it has facts that would make ADR & Civ Pro professors fairly swoon, the opinion itself is maddening. Both the majority and the dissent.

Vivian Scott
The Little Things in Our Relationship Won’t Ruin Us (6/06/15)
Vivian Scott
A few months ago Yahoo Style published an item by Sloane Bradshaw that talked about how letting the little things go in her relationship ended her marriage. The headline caught my eye and, as I began to read, I expected to recognize small warning signs in my own relationship.

Lorraine Brennan
A Pregnant Pause: Using ADR to Resolve Pregnancy-Related Workplace Issues (6/06/15)
Lorraine Brennan
A recent case heard before the U.S. Supreme Court, Young v. UPS (issued March 25, 2015), caught the attention of many women and employers as well. In Young, the Court interpreted the Pregnancy Discrimination Act (PDA), in particular the second clause of that Act, which reads that employers must treat “women affected by pregnancy…the same for all employment-related purposes…as other persons not so affected but similar in their ability or inability to work.” - See more at: http://jamsadrblog.com/2015/06/02/a-pregnant-pause-using-adr-to-resolve-pregnancy-related-workplace-issues/#sthash.wJpiwrSY.dpuf

Jason Dykstra
Intent…Action….Effect! (6/06/15)
Jason Dykstra
This is a repost of a blog from a few years ago that was recently brought to my attention. I received a message from a reader that asked if I could point them to the follow-up posts that I alluded to in this post. As I searched for the follow-ups I realized that I didn’t actually write any! So…in the coming weeks (this time) I’ll be posting more about this communication model and it’s awesomeness.

Jeff Thompson
The 2016 Global Pound Conference Series (6/06/15)
Jeff Thompson
In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what might be the “greatest reform in the history of the country’s judicial system “.[1] Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate in a series of unique thought leadership events around the globe under the auspices of a Global Pound Conference (“GPC”) series.

Bill Marsh
Mediating Early and Late (6/06/15)
Bill Marsh
It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued.

Phyllis Pollack
Seeking “Justice” (6/06/15)
Phyllis Pollack
Plaintiffs file lawsuits seeking “justice”. Defendants respond, stating they are seeking “justice” as well. Both come to mediation, seeking “justice”. When I am told this, that each side wants “justice”, I am not sure how to respond because I do not know exactly what that word means.

Richard Barbieri
Presenting Your Presentation: A Few Words (6/05/15)
Richard Barbieri
The passing of William Zinsser leads me to offer some suggestions on writing well in a specific context: applying to present at a professional conference, or seeking to attract participants to a workshop, based on over forty years of both writing and reviewing proposals.

Phyllis Pollack
Competition to Cooperation (6/01/15)
Phyllis Pollack
When I started mediating cases, I never thought that I would have to be aware of or learn advanced mathematics. But a book that I recently finished has shown me otherwise.

Lynne Kinnucan
In This Corner: The Antisocial Personality Disorder (It’s all about me!) Hostage-taker (6/01/15)
Lynne Kinnucan
A few years ago, police in New England cornered a young man, who, after a long hot pursuit from an aborted bank robbery in Vermont entered a residence in Massachusetts, and took a deputy sheriff and his children hostage in their home. This individual, who said he had to rob the bank because his parole agent was demanding he repay the car loan that he lost gambling, met his father for the first time when they were in the same state prison. During protracted negotiations, he rationalized his situation and blamed others for his troubles.

Patricia Porter
Workplace Systemic Issues: Do Your Leaders Really Want to Know? (6/01/15)
Patricia Porter
Like many conflict resolution or ADR professionals who start as a mediator, it doesn’t take long before a mediator doing workplace cases in one organization begins to wonder about the organization’s culture, communication, or leadership skills. “If only the organization had better practices, the mediation (or coaching or training or group facilitation) wouldn’t be needed”, many have thought.

Maria Simpson
Juries of Their Peers (6/01/15)
Maria Simpson
When I was in fourth grade, a few millennia ago, our teacher established a system so we could settle a lot of our own disputes. General mischief-maker, Walter, was elected judge, a decision that completely confounded our teacher, and the class was the jury.

Tammy Lenski
Bearing Witness to Suffering: Mediating in the Shadow of Pain (6/01/15)
Tammy Lenski
Philosopher Simone Weil wrote, "Those who are unhappy have no need for anything in this world but people capable of giving them their attention. The capacity to give one's attention to a sufferer is a very rare and difficult thing; it is almost a miracle; it is a miracle.

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