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Collaborative Practice Articles


FEATURED MEDIATORS
M E D I A T O R S
"How do I love thee, Mediate.com: First, you are a unique resource for practitioners, researchers and educators with articles touching on all aspects of mediation (and ADR) practice and theory. Second, you are a mirror for the field, reflecting the history and development of ADR. Third, you are egalitarian. You encourage and publish submissions from novices who write about their introduction to the field as well as from gifted and experienced practitioners and thinkers."
Michael Lang


More Testimonials

Sarah Malik
Doing Your Homework Before Mediation: Increasing the Likelihood of Success (8/25/17)
Sarah Malik

When parents or a couple decide to pursue mediation, the mediation is more likely to be successful if the parties prepare mentally and practically.



Gracious Timothy
IBA-VIAC CDRC Vienna 2017 - Where Mediation and Negotiation Cross Borders (8/21/17)
Gracious Timothy

Following two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017.



Steven Platt
Litigation vs ADR – Different Strokes for Different Folks (8/18/17)
Steven Platt

This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.



Sean Garrity
Mediate.com Helps Divorcing Couples Resolve and Learn From Conflicts (8/14/17)
Sean Garrity

Founded more than 20 years ago as a vehicle to connect professional mediators with individuals who need dispute resolution services, Mediate.com today presents more than 15,000 articles and top-tier resources for its 5 million annual visitors.



Joy Rosenthal
Prenup? That’s Good News! (8/08/17)
Joy Rosenthal

Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.



Sarah Cole
Model Standards of Mediator Conduct: Time for Revision? (6/09/17)
Sarah Cole

Is it time to revise the Model Standards for Mediators?



Hadassah Fidler
Nesting a New Co-Parenting Arrangement (5/22/17)
Hadassah Fidler

Divorce is a hard process and perhaps nobody knows this better than the children of divorced parents, who can find themselves caught up in a situation over which they have little control facing an uncertain future.



Dr. Lynne C. Halem
Collaborative Parenting Can Mend the Divide (3/06/17)
Dr. Lynne C. Halem

Professionals writing about divorce too often reinforce parental fears by recounting, even exacerbating the negative consequences of divorce



Chip Rose
Interview with Chip Rose (3/06/17)
Chip Rose

This is the complete interview by Robert Benjamin with Chip Rose, a national leader in the fields of divorce mediation and collaborative practice, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.



Camaron Thomas
What I Learned from Studying Neuroscience about the Future of Mediation (1/20/17)
Camaron Thomas

Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.



Stuart Watson
A Tale of Two Boxes: Re-Visioning the Nature of Conflict (1/20/17)
Stuart Watson

The nature of conflict has shifted from building understanding, connection and resolution between people to being in service, and pledging commitment to the grander evolutionary process, as nature “has its way” with humans experiencing conflict.



Chris McHallam
4 Things You Should Know About Civil Mediation (1/06/17)
Chris McHallam

While you may already be familiar with the process and its benefits there are a few important facts those considering mediation for a legal issue their business is facing should know.



John Lande
How Can We Build Common Ground Between Bubbles? Part 1 of 4 (12/03/16)
John Lande

This article analyzes Republican and Democratic 'bubbles" and how we can build bridges between them.



David Weiss
A Collaborative Process to Resolve International Business Disputes: Mediation Policy as a Global Business Model (11/16/16)
David Weiss

This is an editorial on real time updates on where we stand on significant policy initiatives affecting the cross border mediation process and what both the ADR and business community should be briefed on.



Sabine Walsh
Making Mediation Sexy?! (10/07/16)
Sabine Walsh

It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.



Constantin-Adi Gavrila
What’s In It For Us? (8/19/16)
Constantin-Adi Gavrila

The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.



Vicki Shemin
4 Benefits Of Being A Child Of Divorce (4/15/16)
Vicki Shemin

As a child of divorce, a divorced mother of two, and a long-practicing divorce lawyer/therapist, divorce is not exactly something I would advocate for improving a child’s mental health.



Martin Rosenfeld
Eight Benefits of Collaborative Practice Training (2/26/16)
Martin Rosenfeld

This article describes the benefits I see from taking Collaborative training.



Laurie Israel
10 Things I Hate About Prenuptial Agreements (2/21/16)
Laurie Israel

Don’t get me wrong – I’m all for prenuptial agreements in second marriages, especially where there are children of the first marriage. But many of the prenuptial agreements I see are for first marriages and are unfair, badly conceived, and very destructive.



Richard Birke
How Likely Am I to Win? Risk, Uncertainty & the Turkey Illusion (9/18/15)
Richard Birke

When parties are faced with an attractive settlement offer, they frequently wish to compare the offer to what they might get at trial, which is the product of the odds of winning times the value of the verdict or award. Naturally, they ask their lawyer “how likely am I to win?”



Michael A. Zeytoonian
Transforming Disputes into Transactions via Collaborative Law (8/28/15)
Michael A. Zeytoonian

When I work with people to help them resolve their disputes, I often find that they are very preoccupied with finding fault and placing blame for what has happened to trigger the dispute. We spend a lot of our energies, time and emotion – clients and lawyers alike – looking backward at what happened and seeing who we can hold liable.



Larry Susskind
The Effects of Climate Change Are All Local: Here's What You Can Do to Help Manage the Risks (8/14/15)
Larry Susskind

We've spent far too much time thinking about the global causes of climate change, and not nearly enough worrying about the local impacts that climate change is already having on coastal communities. This article discusses how we involved communities in a collaborative discussion about climate change.



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.



J. Kim Wright
What is Integrative Law? The Emergence of a New Legal System (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.



Laura Athens
Overcoming Reluctance to Engage in Mediation (6/11/15)
Laura Athens

Many attorneys know and appreciate the benefits of mediation.  Those who are familiar with the benefits of mediation readily propose and eagerly participate in it.  However, should you encounter any resistance, how can it be addressed?



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