As they say, if two people always agree, one of them is unnecessary.
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 authors have peeled back the protective cloak of confidentiality just enough to provide a glimpse of the wild, the unpredictable, and the utterly preposterous things that have happened in real mediations.
Mediations and their participants never cease to amaze me.
Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.
In a world where international commerce and cultural exchanges continuously progresses, disputes are unavoidable. Solving these cross-jurisdictional disputes through litigation is painfully long.
The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.
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.
Here’s me trying to persuade another mediator that she’s not being impartial if settlement is her goal. I’m not going to be able to persuade her, but what do you think?
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.
An Important Choice: What to Do and Say After Violence?
Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.
Ten big ideas on peace and justice from the career of Morton Deutsch. This is article six, focusing on social innovation.
Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.
What insight do you have into your conflict?
Studies of the human response to conflict have confirmed that at the level of our body the response is the same as the human response to stress.
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.
Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.
Well over 90% of all divorce cases are resolved by agreements, but there are two divergent methods for negotiating those agreements.
Starting a cross-borders mediation center between the US and the Middle East requires interacting with professionals on both continents. Despite appearing differences within both cultures, it seems when programmed patterns are utilized, and no longer serve, professionals shift their behaviors to the total opposite.
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).
Got Conflict? Are you a worker taking on short projects or “gigs?”
On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law.
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