Facilitation Articles

Facilitation Articles


In Praise of (Good) Disagreements

(11/17/17)John Lande

As they say, if two people always agree, one of them is unnecessary.

An Overview of the New York Rules of Professional Conduct in the Context of Mediation

(11/17/17)Marcy Einhorn

In the spirit of Honest Abe, New York again celebrated Mediation Settlement Day on October 18 this year with a host of activities designed to promote mediation as a means of resolving disputes without going to court.

The Question That Brings Hamster Wheel Debates to a Standstill

(11/10/17)Tammy Lenski

Some debates, arguments, and bickering go on and on, without leading anywhere (except to more frustration).

I Apologize For Suggesting It !

(11/10/17)Phyllis Pollack

Mediations and their participants never cease to amaze me.

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

(11/10/17)Jennifer Shack

Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.

Go Back to the Future to Discover How Your Agreement Could Fail

(11/06/17)Tammy Lenski

When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.

‘Think Like a Mediator’ Conflict Resolution Program at Rikers Island

(11/06/17)Mary Austin, Richard Brewster, Nina Martinez, Hillary Zilz

The article describes the authors’ experience teaching a six session course called “Think Like a Mediator” on conflict resolution to inmates at the women’s jail facility (the Rose M. Singer Center) at Rikers Island in New York City.

Negotiation - Part 7

(10/27/17)Pete Desrochers

Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.

Mr. Rogers and the Power of Persuasion - Video

(10/27/17)Will Schoder

This video discusses the history of arguing and ways to make it more effective.

A Grand Theory of Personality and Environment

(10/23/17)Peter T. Coleman

Ten big ideas on peace and justice from the career of Morton Deutsch. This is article six, focusing on social innovation.

Micro-Inequities

(10/23/17)Phyllis Pollack

One of the unexpected obligations as a lecturer in law at a major university is that I must participate in harassment prevention training. One topic caught my attention although it was barely mentioned: micro-affirmations.

Difficult Conversations Deplete the Brain’s “Processing Power”

(10/13/17)Tammy Lenski

Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.

How Conflict Is Like Sex

(10/06/17)Peter T. Coleman

Another big idea on peace and justice from the career of Morton Deutsch.

Sunk Costs and the California Law Revision Commission

(10/06/17)Phyllis Pollack

On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402).

From Litigation to Conflict Resolution

(10/06/17)Joe Markowitz

“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.

Consumer Mediation in the European Union: A Beginner's Guide to Mediation Under Directive 2013/11/EU

(10/06/17)Mahasweta Rayan

The use of mediation in resolving consumer disputes has always been a subject of curiosity, generating much debate.

Conflict Chat: Challenges In Working In A Gig Economy - Audio

(9/29/17)Stephen Kotev, Patricia Porter

Got Conflict? Are you a worker taking on short projects or “gigs?”

Expanding The Benefits of An Apology!

(9/29/17)Phyllis Pollack

On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law.

Moving Workplace Conflict from Dysfunctional to Functional

(9/29/17)Meredith Richardson

When I get a call about workplace conflict, I often find that these 4 things are true.

How Does Your Mediator Add Value?

(9/29/17)Bernard Morrow

Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.

All for One … One for All: Collaborative Process Or Collaborative Lifestyle

(9/29/17)Marty Klein

In 2007, after twenty-three, war-torn years of litigation, I just knew that there had to be a better way of resolving conflict in people’s lives. Thus began my quest – my journey into the world of alternate dispute resolution.

Ten Reasons Why Mediation Creates a Holistic Approach in Generating More Love & Compassion in Family Conflicts

(9/29/17)Denisha Shah

The article is about general foundations and principles of family conflicts in relationship to mediation focus. The overall article is a summary study in 10 steps for family conflicts through mediation process.

Your Rules/Their Rules in Conflict Management

(9/22/17)Lorraine Segal

This article discusses the Zen at the Gym (part 3).

Disagreeing

(9/22/17)Maria Simpson

“Recognize the strengths of the other guy’s argument and the weaknesses of your own. Keep an open mind while listening.” - by Jake Sullivan.

Can Your Beliefs About Someone Alter Their Behavior?

(9/14/17)Tammy Lenski

If you believe someone is aggressive, could they behave more aggressively with you than with others?

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