Gerald F. Phillips, attorney, ethicist and philanthropist, passed away on October 19, 2015 in Los Angeles, CA surrounded by his devoted family. He was 90 years of age. Funeral services will be held on Thursday, October 22, 2015 at 1:00pm at Hillside Memorial Park in Los Angeles, CA
I am certain that I have learned more about the law and human beings in my 18 years of mediation experience than I ever believed possible. I am constantly amazed, and I mean that term sincerely, with the things I have witnessed my lawyer colleagues do in mediation.
Caseload Manager is the world's leading online case management system for mediation programs and practitioners. Here is a quick article and slide show explaining why.
This is a taped interview with well-known mediator Antonio Piazza by the American Bar Association Litigation Section from 2011. Mr. Piazza pioneered the development of mediated negotiations as the preferred alternative to protracted conflict in complex civil disputes.
Mediate.com offers our Mediator Certification Program for trained and experienced mediators. Our program is based upon full disclosure of mediator qualifications. Please consider becoming a Mediate.com Certified Mediator at www.mediate.com/Certification.
"Money can’t buy me love." – Paul McCartney. As a corollary to psychologist McCartney’s insight, money can’t buy lawyers (much) happiness.
Recently, I was asked to write an article with advice for law students and lawyers, My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. Here are some highlights from that article.
(7/23/15)Bennett G. Picker
The theme of today’s conference is “Succeeding in Mediation.” The simplest definition of mediation is “facilitated negotiations by a trusted individual.” If I had to define mediation in only one word, my word would be “opportunity.” The process offers the parties an opportunity to telescope issues in hours that might take years in litigation, to forge solutions based upon underlying interests, to preserve relationships and, quite obviously, to avoid the time, expenses and distractions of litigation.
This book introduces us and gives the reader a taste of a unique form of supervision, based on positive psychology and solution-focused brief therapy, which have their philosophical roots in social constructivist tradition.
(7/02/15)J. Kim Wright
The author describes the pillars that have developed and appear to be the foundation of the Integrative Law movement and the emergence of a new legal system.
Musings of a Long Time Arbitrator reflects on the positive and challenging aspects of serving as a neutral, in a manner both realistic and humorous. Similar practitioners will be able to immediately relate, and those that seek or utilize the services of ADR providers will get a direct look at the implications of a neutral’s daily reality.
How will the future of mediation matter if a new generation of young mediators is not encouraged and carefully shepherded into our profession? Here’s to a future where we all may learn from one another, unite to overcome our profession’s greatest obstacles, and create the future that we imagine.
To reflect on the future, it is helpful to understand where we are and how we got here. This article gives an overview of mediation and suggests some directions for the future. Social media will help increase interest in the field and teaching conflict resolution at an early age may help reduce conflict at school, home and work.
Had I written about the future of family dispute resolution in the late 1980s, when I was a young and enthusiastic child custody mediator working for a Wisconsin family court agency, I would probably have focused exclusively on mediation rather than considering the current broad spectrum of family dispute resolution (FDR) processes that I did not anticipate at the time.
There is a significant problem with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only doesn’t convey things clearly, but it actually can be misleading.
We were all trained to be aware of “what's in our bags” or to phrase it differently, what each person brings to the table. Then we’re told you must not bring anything to the table but the ability to listen and ask open-ended questions.
Part 1 discusses a typical mediator's morning, where all of the details of the case and the arguments are revealed. This section, Part 2, discusses a mediator's afternoon, where he uses all of his tools to help the parties understand each other.
ACR's original intention was for Conflict Resolution Day to be promoted by community centers around the country. The belief is that if the public has a better understanding and awareness of mediation, they will be more likely to hire a mediator. And the more mediators that are hired, the better for all of us!
Well-known dispute resolution professional Ken Feinberg speaks on high profile dispute resolution and its relation to mediation.
What happens when you are a mediator and you start another mediation day? We have printed below the details of a mediator's typical morning. The sequel will be printed shortly. Read on as the story unfolds....
Prof. Kim Lovegrove and distinguished lawyers look at Mediation as a dispute resolution process, its advantages, and disadvantages.
This article includes reported complaints and email correspondence with and regarding Mediation.com and their selling practices.
(8/19/14)Michael Leathes, Deborah Masucci
It is one of the defining characteristics of professions whose stakeholders invest great trust in their practitioners. Doctors make the Hippocratic Oath. Accountants, lawyers, police officers, elected officials, social workers, veterinarians and others in a position of trust also make various forms of oaths. Yet mediators do not make an oath, even though mediators are invariably taken into parties’ trust. Should mediators make a Hippocratic-style oath?
How do you define success in mediation? The answer depends in part on who is asking the question? Success for the parties may be different than success for the mediator or success for the court. This article explores the question of how to define success in mediation from a variety of angles including what does success mean for the mediation profession?
Click here for MORE ARTICLES
After I closed my law practice in favor of providing full-time ADR services, I bumped into an old-time mediator whom I had known for many years. When I told him of the change in my career he commented, “So, you don’t want to work so hard anymore.” This article is my reflection on his observations.