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Diversity in Mediation Articles
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Zena Zumeta Mediation Training
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Mediating and Negotiating Commercial Cases
with Lee Jay Berman, November 11-15, 2009
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Steven Rosenberg Mediation Training
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- Do You Tell Your Mediation Clients About Neuroscience? A Poll At Brains On Purpose
- Trial Lawyers' Dilemma Similar To Mediation Advocates' Dilemma: Making The Initial Demand
- Texas Supreme Court Compels Arbitration Of Employment Discrimination Claims
- The Why’s Have It: Teaching Curiosity For Effective Negotiation And Mediation
- 9 Year Old Mediator Could Teach Us All Something
- Why Do You Think They Call Them "War" Stories? A Meditation On Mediation Ethics
- Real-Time Online Video Meetings
- To Avoid A Claim For Malpractice, California Court Says Keep Your Mediator Present At All Times
- Intuition Or Counter-Intuition?
- Carrie Prejean And Mediation Confidentiality
- Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown
- Prejean, Larry King And Hard Facts Making Bad Mediation Confidentiality Law
- The Death Of The Cookie-Cutter Mediator Is Nigh
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More What's New
(9/09/08)
Keith Seat
Mediation successfully reaches agreement in 95% of the workplace psychological harassment cases mediated by the Commission des norms du travail in Quebec. In the four years since legislation was enacted protecting employees from psychological harassment, about 8,600 complaints have been filed and a little over a third have been resolved through mediation. Of complainants using mediation, 85% reported they were very satisfied with the mediator’s work.
Canada Newswire (July 3, 2008) (Subscription Required)
(9/09/08)
Keith Seat
After seven months of mediation facilitated by the U.S. Department of Justice Community Relations Service, a settlement agreement was signed by Fountain Inn (SC) city leaders and a citizens group concerned about police misconduct against African-Americans. Tensions had escalated with the hanging death of a jail inmate in July 2007. The resolution reached to improve police relations requires the police department to seek state accreditation and the city to establish a Citizens Review Committee to hear complaints, review appeals and oversee police handling of complaints.
Greenville News (August 12, 2008); Greenville News (August 13, 2008)
Hip-hop video blog explains how to tell someone they're racist (8/11/08)
Diane J. Levin Jay Smooth, founder of New York’s longest running hip-hop radio show, WBAI’s Underground Railroad, hosts ill doctrine, a hip-hop video blog featuring hard-hitting, thoughtful social commentary.
Smooth recently posted “How to Tell People They Sound Racist“, a video with advice on having one of the most difficult conversations there is, and underscores the difference between the “what they did” conversation and the “what they are”...
Shari'ah Principles And Mediation (8/05/08)
Geoff Sharp For those following the debate around the Lord Chief Justice's view that there is no reason why Shari'ah principles should not be the basis for mediation in the UK here is a Muslim perspective which responds to the likes of the Telegraph's Is cosying up to Muslim extremists the best way to defeat terrorism? and the Spectator's A careless talk.Full text of Lord Phillips' speech at the East London Muslim Centre on July 3 here.
Recognizing And Validating Diversity In Mediation (8/04/08)
Malcolm Sher When they become involved in disputes, whether litigated or not, people from differing cultural or ethnic backgrounds often bring to the table differences that may have caused or contributed to the dispute, and that may well govern its outcome. This article will examine some of those differences and emphasize the need for all participants in the mediation process to learn about and validate them in order to bring about a mutually beneficial settlement.
Facing ourselves: new tests for hidden biases at Project Implicit (7/21/08)
Diane J. Levin This is by no means the first time I’ve encouraged readers to plumb the depths of their hidden biases with the help of Project Implicit and its Implicit Association Test (IAT), an instrument which “measures implicit attitudes and beliefs that people are either unwilling or unable to report.” With the recent discussion here and elsewhere of gender bias, I thought it was time to revisit the IAT.
The IAT tests for biases across a range of...
Generational Differences in Negotiation (6/17/08)
Nancy Hudgins One aspect of diversity which is sometimes overlooked is age. Phyllis Beck Kritek, in her provocative presentation at the ADRNC annual conference earlier this year, got all of us thinking about age. She included the table above in her handouts. While it focuses on age differences in how people approach their jobs, it is an insightful and useful tool to remind us that age affects how we look at the world. This is especially a good reminder for me, as my default thinking is that (of course)...
(6/06/08)
Keith Seat
Corporate counsel and representatives at an American Bar Association forum stated that mediation is losing its effectiveness because mediators do not have sufficient race and gender diversity, especially in employment matters. The panelists noted that the national alternative dispute resolution (ADR) providers do not offer diverse panels, and that diversity occurs when it positively impacts the bottom line. For example, Shell is introducing diversity among neutrals by contracting with certified minority and women neutrals, and by seeking more diversity at larger ADR firms.
Prudent Press Agency (Netherlands) (May 7, 2008)
(4/07/08)
Keith Seat
The Equal Employment Opportunity Commission reported a 9 percent increase in job bias charges last year, for a total of nearly 83,000 private sector filings in 2007. In addition to non-monetary relief, the EEOC recovered over $290 million for charging parties through administrative enforcement and mediation, compared with $55 million through EEOC litigation. Employers continue to enter into Universal Agreements to Mediate with the EEOC, with the total rising by 15 percent during 2007, to over 1,200. The EEOC’s National Mediation Program has a user satisfaction rate of 96 percent, meaning that nearly everyone using the program would do so again.
Federal Information & News Dispatch, Inc. (March 5, 2008) (Subscription Required)
A video game tests racial bias - and the willingness to pull the trigger (4/07/08)
Diane J. Levin Joshua Correll, a member of the University of Chicago Department of Psychology faculty, in conjunction with his work with the Stereotyping & Prejudice Research Laboratory, has created The Police Officer’s Dilemma, a video game that tests the effect of racial bias on decisions to shoot.
When you launch the game, you are presented with a series of images of young men against various backgrounds. Some of the men hold guns, while others hold innocent items like cellphones or soda cans. ...
Barack Obama’s Speech on Race (3/19/08)
Barack Obama We find Barack Obama's speech on race to be a top flight example of the kind of mature consideration our most divisive issues deserve and need. We here present the text of Senator Barack Obama’s speech on race in Philadelphia.
Cross-Cultural Negotiation Insights From The Kellogg School of Management (2/27/08)
Victoria Pynchon When you mediate disputes in a major urban center like Los Angeles, you do a lot of cross-cultural negotiation as a matter of course. I've relied in the past upon the Kellogg School of Management's Leigh Thompson and am happy to report that one of her fellow professors, Jeanne Brett has devoted an entire book to the intricacies of negotiating across cultural lines. Excerpt below from the Wall Street Journal's LiveMint article on Professor Brett's book The...
Brains Vary From Culture To Culture—A Lot! (2/19/08)
Stephanie West Allen Vickie Pynchon at her Settle It Now Blog is posting about the event she is attending: Mediators Beyond Borders Founding Congress. Yesterday in How to Make Your Opponent Do What You Want Him to Do: Part I she posted a list created by Ken Cloke of 12 Ways Systems Resist Change. In reading it, I was reminded of how much cultures vary. This list would apply in some cultures; in many other cultures it would be a mismatch.
Neurocience research is showing us that the brains of people in different ...
Martin Luther King, Jr.: lessons in conflict resolution and negotiation (1/21/08)
Diane J. Levin One of the best blogs on cognition, behavior, and the mind sciences is The Situationist, which examines the implications of social psychology for law, policymaking, and legal theory. In honor of Martin Luther King Day, which is celebrated in the U.S. today, The Situationist has republished a post from 2007, “Martin Luther King, Jr.’s Situationism“.
Pointing to excerpts from the text of King’s “Letter from a Birmingham Jail“, this post makes the case that...
Short Canadian film depicts aboriginal woman's experience with mediation (1/21/08)
Diane J. Levin "An Aboriginal Woman&'s Experience with Mediation" is a six-minute-long film that allows a woman to describe what mediation meant for her and the changes in her life it helped her produce:
…When you go to appear in front of a judge with a lawyer, your lawyer does all the talking and you don’t get to be heard. Whereas with mediation you have a voice and there’s options…and things get worked out on both sides…
Despite its length, this little film...
(1/09/08)
Keith Seat
A mediation group funded by a three-year $300,000 federal grant has been formed on a Hopi Reservation, with the goal of being a role model for other Native American reservations. The concept was developed by the late chief justice of the Hopi Appellate Court. A group of nine has received training in mediation tailored to fit Hopi needs and traditions.
The Independent (January 3, 2008)
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