Community Mediation Section


Community Mediation Articles


Laura Kaster

Improving Professionalism by Improving Judgment: Keys to Advising about Settlement and Mediation

(5/22/17)Laura Kaster

When a client is involved in a dispute, we must also develop the ability to evaluate the best next step, including whether settlement negotiation or mediation would best serve the client and how to advise the client on an appropriate value at which settlement would be better than ongoing dispute.

Sarah Cole

Nursing Homes May Continue to Use Arbitration Agreements

(5/22/17)Sarah Cole

In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration.

Larry Susskind

What's Happening in the Field of Urban Planning?

(5/08/17)Larry Susskind

Today’s planners are committed to taking action – helping to implement improvements in the quality of life, particularly for the most vulnerable segments of society, often through public-private partnerships of various kinds. They are attempting to establish peaceful societies and minimize community conflicts.

Jim Melamed

Comparative Data on Mediation Websites: Most Visited and Most Linked

(5/04/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

Conflict: The Unexpected Gift - Video

(4/15/17)Jack Hamilton, Elisabeth Seaman

This is an interview of my business partner, Jack Hamilton and me, about mediation, conflict resolution and our book, Conflict - The Unexpected Gift.

Leonardo d'Urso

Achieving a Balanced Relationship between Mediation and Judicial Proceedings in the European Union

(3/17/17)Leonardo d'Urso

This article identifies four distinct mediation models that EU Member States have used in implementing the Directive: Full Voluntary Mediation; Voluntary Mediation with Incentives and Sanctions; Required Initial Mediation Session; and Full Mandatory Mediation.

Peter Adler

Disputing at a Panchayat Meeting

(3/14/17)Peter Adler

When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.

Michael Jacobs

Peace is a Tough Sell

(2/24/17)Michael Jacobs

Peace is, and will continue to be, a pain in the butt.

Larry Susskind

Socially Responsible Real Estate Development

(2/03/17)Larry Susskind

Direct engagement with a wide range of stakeholders, using the tools of Environmental and Social Impact Assessment, is required.

Tammy Lenski

Two Smart Principles for Resolving Everyday Disagreements

(1/27/17)Tammy Lenski

Not all disagreements require long talks to resolve them sufficiently.

Meredith Richardson

Are You Trying to Defy the Laws of Gravity in Your Conflict?

(1/27/17)Meredith Richardson

In their book, "Designing Your Life," authors Burnett and Evans talk about "gravity problems," things like gravity that you cannot change no matter how hard you try.

John Lande

Building Common Ground Between Bubbles - Part 5

(1/13/17)John Lande

President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries.

Jan Frankel Schau

Why Civility Matters in Mediation

(1/13/17)Jan Frankel Schau

We are living in interesting times here in America. It is the first time in my lifetime that I can recall a conscious effort to keep my politics and views on issues of ethics and morality to myself–rather than risk making enemies of those whom I trusted to be friends.

Alia Ismail

The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services Industry

(1/13/17)Alia Ismail

When recurring ethical crisis in the financial services industry arise, it’s essential to give voice to employees on the lower end of hierarchies in organizational institutions.

Beth Graham

Empirical Findings on International Arbitration: An Overview

(1/06/17)Beth Graham

In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration.

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.

Tammy Lenski

A Surprisingly Effective Substitute for Unsolicited Advice

(12/18/16)Tammy Lenski

Want to break the advice-giving habit but aren’t sure what to do instead?

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.

Beth Graham

Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal

(11/11/16)Beth Graham

The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.

Maria Volpe

Mediation in the Future of Policing

(11/08/16)Maria Volpe

The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.

Brad Heckman

A Quoteload of Sketches

(10/24/16)Brad Heckman

These are a collection of sketches and inspirational quotes by Brad Heckman of the New York Peace Institute, such as "We have never arrived. We are in a constant state of becoming." — Bob Dylan (Nobel Laureate!).

Restorative Justice Works!

(10/21/16)

This author wonders if “restorative justice” is not about forgiveness or reconciliation nor is it mediation nor is it designed to reduce recidivism. It is neither an alternative to prison nor replaces our legal system.

Nina Meierding

Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field?

(10/17/16)Nina Meierding

The author is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.

Beth Graham

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

(10/07/16)Beth Graham

Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

Larry Susskind

Socially-Responsible Real Estate Development

(9/23/16)Larry Susskind

To date, most discussion of social responsibility focuses on what is called Corporate Social Responsibility (CSR). That is, what do corporations need to do to meet their social responsibilities?

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