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05/12/08
  • Microsoft and Yahoo: Where Were the Mediators?
  • The ABCs of Conflict Resolution
  • Dinner with a theorist?
  • Searching for the Bright Mediation Bulb: Criticisms from Across the Pond
  • Delegates at AAA Annual Meeting use electronic voting to express their views on mediator competency certification
  • Q & A With Internationally Acclaimed Mediator Kenneth Cloke
  • Have you thanked your mentor lately?
  • Brain Studies Prove That A Fair Deal is A Happy Deal
  • Negotiating Irrationality
  • Coach and coax your brain to create new habits: Lay down some new tracks
  • What UK Mediators Charge
  • Negotiating Competitive Arousal: When the Cost of "Winning" is Too High
  • Discover myths and truths about negotiation at Social Innovation Conversations
  • Settlement Is Always Better
    read all

What's New



Victoria Pynchon
Consensus Building Tips from Work Life Bridge (4/14/08)
Victoria Pynchon

Thanks to WorkLifeBridge for including us on its resource page.  We're happpy to reciprocate and pleased to find another good source of information on collaboration, dispute resolution, and making life and work better for everyone.  

In their post Creepy Crawly Consensus, the authors of WorkLifeBridge direct their readers to some good consensus building resources.  See below for their recommendations and click here for the full post. 

Here are some resources and ideas to help you get the most out of your consensus decision-making process:

Ah ha!  Now I see that the prolific negotiation-guru, ADR queen, and mediation czar Diane Levin is a part of this dynamic group.  Diane -- one of the few people who make me feel as if I'm sitting around watching soap operas and eating bon bons all day.  Do you NEVER sleep my friend?



John Windmueller
A Useful Tool For Mapping Concepts And Discussions (3/04/08)
John Windmueller

I recently discovered a terrific tool for mapping concepts and group discussions: Compendium. Compendium was designed with an eye toward the IBIS (Issue-Based Information System) approach to structuring and recording group conversations. These are typically conversations done with the goal building a better understanding of a complex problem and exploring ideas for tackling what emerges. (For a good introduction to this take on facilitation, I’d recommend Jeff Conklin’s >Dialogue Mapping: Building Shared Understanding of Wicked Problems.) That said, you’ll be able to find great uses for the software even without any background or interest in IBIS. As a small sample of what compendium does (don’t just go by this, there are better examples at Compendium’s website), here’s a brief snippet from a much larger (spanned several pages) Compendium-created map from a group conversation about planning a series of communities dialogues focused on the upcoming anniversary of Martin Luther King’s assassination. Compendium: DefaultCompendium’s keyboard shortcuts made it easy to record the information during the meeting (and project it via LCD), and its export features (ranging from a single jpg image to exporting a full set of hyperlinked web pages) made it easy to share the final record of the conversation. Best of all, Compendium is free and runs on most major platforms (PC, Mac, & Linux). You can learn more about and download the software at CompendiumInstitute.

Josefina Rendon
Mediación entre víctima y ofensor (2/11/08)
Josefina Rendon
La mediación entre víctima y ofensor es el proceso por el cual la víctima de un crimen enfrenta al causante de éste en la presencia de un tercero quien ayuda a las partes a dialogar sobre los hechos y sus consecuencias. En dicho enfrentamiento, la víctima tiene la oportunidad de expresarle al ofensor su coraje o su temor, de echarle en cara el impacto de su conducta criminal, de preguntarle las razones de esta conducta, o simplemente, de satisfacer su propia curiosidad sobre que tipo de persona es el acusado. Por su lado, el ofensor tiene la oportunidad de explicar los hechos, explicar la razón de su conducta, comprender el punto de vista de la víctima, y hasta pedirle perdón.

Victoria Pynchon
Note to Board of Directors: Women Make a Positive Difference (2/11/08)
Victoria Pynchon

Why diversity?  Uh . . . . because that's how life successfully evolved on planet earth?

Now a new study prepared by Ontario's Richard Ivey School of Business and the Wellesley Centers for Women concludes that corporations benefit from the presence of women on the Board of Directors in Critical Mass on Corporate Boards: Why Three or More Women Enhance Governance.

(for the same reasons noted below, we also make pretty darn good mediators and settlement officers)

We find that women do make a difference in the boardroom. Women bring a collaborative leadership style that benefits boardroom dynamics by increasing the amount of listening, social support, and win-win problem-solving. Although women are often collaborative leaders, they do not shy away from controversial issues. Many of our informants believe that women are more likely than men to ask tough questions and demand direct and detailed answers. Women also bring new issues and perspectives to the table, broadening the content of boardroom discussions to include the perspectives of multiple stakeholders. Women of color add perspectives that broaden boardroom discussions even further.

How Many Women Constitute a Critical Mass on a Corporate Board?

The number of women on a board makes a difference. While a lone woman can and often does make substantial contributions, and two women are generally more powerful than one, increasing the number of women to three or more enhances the likelihood that women’s voices and ideas are heard and that boardroom dynamics change substantially. Women who have served alone and those who have observed the situation report experiences of lone women not being listened to, being excluded from socializing and even from some decision-making discussions, being made to feel their views represent a “woman’s point of view,” and being subject to inappropriate behaviors that indicate male directors notice their gender more than their individual contributions.

Adding a second woman clearly helps. When two women sit on a board, they tend to feel more comfortable than one does alone. Each woman can assure that the other is heard, not always by agreeing with her, but rather, by picking up on the topics she raises and encouraging the group to process them fully. Two women together can develop strategies for raising difficult and controversial issues in a way that makes other board members pay attention. But with two women, women and men are still aware of gender in ways that can keep the women from working together as effectively as they might, and the men from benefiting from their contributions.

The magic seems to occur when three or more women serve on a board together. Suddenly having women in the room becomes a normal state of affairs. No longer does any one woman represent the “woman’s point of view,” because the women express different views and often disagree with each other. Women start being treated as individuals with different personalities, styles, and interests. Women’s tendencies to be more collaborative but also to be more active in asking questions and raising different issues start to become the boardroom norm. We find that having three or more women on a board can create a critical mass where women are no longer seen as outsiders and are able to influence the content and process of board discussions more substantially.

Thanks to commercial arbitrator and mediator Deborah Rothman for circulating this report among her professional women friends!



Gini Nelson
A Protean Negotiator: An Interview with Peter Adler (8/28/07)
Gini Nelson
This is an interview of Peter Adler, President of The Keystone Center and one of the world's leading public policy facilitators by Gini Nelson. Peter speaks to his perspective on the nature of negotiation, conflict and our field, or lack of field, currently and in the future.


CaliforniaSpeaks: Working Together for Better Healthcare (7/30/07)
Susan Dupre
Facilitators are needed for California's state-wide health care conversation. Thousands of Californians will come together on Saturday, August 11th, to evaluate proposals for reforming California’s health care system and send a message to state leaders about their priorities. Interactive television will link together public meetings in eight cities to create a true state-wide conversation.

Geoff Sharp
The Dynamics of Group Decision-Making (6/18/07)
Geoff Sharp

A great resource today from Bill Waters' Campus ADR Tech Blog on the Dynamics of Group Decision-Making


It's an animation showing the phases a group goes through when making a decision -
another example of how the web is enriching our learning as mediators.



Dale Eilerman
The Art of Disagreement (2/27/07)
Dale Eilerman
Most of us would likely say that we do not care to be around disagreeable people. This choice of behavior is typically discouraged in organizations as being disruptive and unsettling. It can generate negative emotional reactions and a sense that the disagreeable person is being uncooperative and is not “on board”. However the act of disagreeing is essential to identify problems, provide contrary perspectives, consider alternatives and make changes. What we need to recognize is that there is a skill and “art” in offering a disagreement that plays an important part in the success in taking this position. It is not what is said, but how it is said.

Darrell Puls
Where Settlements Cannot Go – Towards a Praxis of Reconciliation in Group Conflicts (Part 6 of 6) (2/19/07)
Darrell Puls
We have now reached the final installment of our investigation into the underlying dynamics that promote forgiveness and reconciliation following large group conflict. Each step first focused inward and away from the conflict to find the seeds that must be planted and grown to move on. It stands conventional conflict resolution practice on its head by not only standing in between the warring parties, but turning them away from the conflict before again turning towards each other in a process that starts out tightly controlled but becomes more fluid and unpredictable as it goes. The process and facilitators are not neutral, and this is not mediation in the conventional sense; it is a voluntary process to help those wounded by conflict restore their relationships torn apart in the heat and confusion of battle. It is intended and designed to move groups of people who desire it to forgive for their own benefit, and reconcile should they choose to do so.

Ronald S. Kraybill
Skills for Transformative Group Facilitation (12/19/05)
Ronald S. Kraybill
The single biggest factor in determining whether a meeting is rewarding or disappointing is the skill of the leader. Unfortunately, skills for facilitating meetings are rarely taught. People seem to assume that white hair, or a good education, or the title of CEO, chair, reverend, etc., somehow equips leaders with skills adequate to lead meetings.

Sterling Newberry
Flavor of The Month Part II (4/18/05)
Sterling Newberry
In my first article in this series I asked whether we facilitators might be a part of the “flavor of the month” syndrome that I’ve heard reported in company after company. Lets continue to explore this important question.

Sterling Newberry
Flavor Of The Month: Are We Facilitators Guilty? (1/31/05)
Sterling Newberry
When I was an in house facilitator at a major corporation, I often ran into skepticism about new initiatives, especially those that involved a change in “how we do things around here”. The closer to the line I got the more likely I was to hear skepticism about the “flavor of the month”. What people expressed was the belief that no matter how positive a particular initiative seemed at first, that within six months we would be back to doing things the “old way”. Sometimes folks were willing to give it another try, sometimes not. I’ve heard the same thing from people in many other companies, so I don’t think it was unique to us. Forum Discussion   1 Comment

Barbara Ashley Phillips
Leading From Any Chair (4/06/04)
Barbara Ashley Phillips
You’re sitting in a meeting that’s going nowhere. You’ve heard all the speeches before. You could have written from memory the script that is being played out. You heartily wish you were somewhere else.   2 Comments

Sterling Newberry
The Skilled Facilitator (Book Review) (12/08/03)
Sterling Newberry
The latest edition of The Skilled Facilitator by Roger Schwarz is much improved over the earlier edition, and, in my opinion, advances the art of facilitation by reaching back into the work of Action Science and bringing it into the modern facilitation field. I would like to turn your attention to one facet of this book, because I think it applies particularly to ADR work in general.

John Helie
Communication Assessment: Promising Practice For Meeting Management (10/13/03)
John Helie
Every medium of communication has advantages and disadvantages, as well as personal preferences. Each has optimal process applications and drawbacks. In other words, they work well for some things and not so well for others. As a part of the convening process, it might be helpful to find out what is available, desireable, and what works for the group. Please view, add and subscribe to:   4 Comments

Jonathan W. Reitman
The Allagash: A Case Study of a Successful Environmental Mediation (6/16/03)
Jonathan W. Reitman
What are the elements which make possible the successful mediation of an environmental dispute? In this article, Jonathan Reitman analyzes what conditions led to the resolution of a 33-year-old controversy about the management of the Allagash Wilderness Waterway in northern Maine. The polarized dispute involved wilderness canoeists, sportsmen, environmental organizations, local residents and state and federal regulators. Their recent negotiated agreement was hailed as "comprehensive and visionary." The mediator who facilitated the negotiations reflects on lessons learned.   6 Comments


Groupthink Revisited (4/07/03)
Wesley S. Helms
Groupthink, where bad decision making behind closed doors by ‘the few’ adversely affect the many, is a scary part of group behavior. Why? Because the symptoms of it are a part of everyday organizational behavior.


The ABC’s of ADR. A comprehensive guide to alternative dispute resolution (12/16/02)
Daniel Renken
In general, there is an increasing use of ADR-Techniques. But the specific terms describing distinct methods of conflict resolution are often not used appropriately. Hence, there is a need to properly draw distinctions between the ADR-Techniques. Therefore, the article gives a complete overview on the basic ADR-Techniques, such as, e. g., mediation, facilitation and arbitration. It characterizes all of them, draws distinctions between them, and organizes them within a spectrum of increasing influence of the third party on the conflict resolution process and the solution itself. The article is based on intense research as well as on experience made while working for the State of New York Public Service Commission's Office of Hearings and Alternative Dispute Resolution in the year 2001.

Carole J. Brown
Facilitative Mediation: The Classic Approach Retains its Appeal (12/02/02)
Carole J. Brown
This paper advances the position that mandatory mediation in Ontario was not designed as a process where a third party would offer an evaluation of the legal merits of a dispute. Instead, the goals of mandatory mediation are best achieved, and the parties know what to expect, when a mediator takes on the role of a neutral third party who facilitates communication, and takes an interest-based approach to problem-solving.

Jon Linden
Face To Face vs. On-Line Facilitation: What To Put At The World Trade Center Site? (10/21/02)
Jon Linden
I was among a very few individuals who got the opportunity to facilitate the discussion in both the Javits Center Face-To- Face format and the WebLab On-Line format. This unique concordance of events allowed me to compare and contrast the Face-To-Face and On-Line Environments for almost precisely the same topical substance.

Sterling Newberry
Rebuilding The World Trade Center Site (8/05/02)
Sterling Newberry
On July 20th, 2002 I volunteered as a facilitator (along with 499 of my colleagues) for a remarkable experiment. Organized by The Civic Alliance To Rebuild Downtown New York, and moderated by America Speaks, this event represents an experiment of increasing the amount and quality of public participation in policy issues. The organizers invited a cross section of people from the New York City region, survivors of the September 11th destruction of the World Trade Center (WTC), and families of the victims to comment upon a series of ideas for rebuilding the WTC site.   1 Comment

Sterling Newberry
Three Questions You Can Ask To Make Any Meeting More Effective (3/04/02)
Sterling Newberry
Ineffective meetings are discouraging to sit through. They waste valuable business time and increase participant dissatisfaction. Here are three questions you can ask to make your meetings more effective.

Sterling Newberry
Welcome To The Facilitation Section (2/19/02)
Sterling Newberry
I see facilitation skills as a part of ADR and ADR skills as important to facilitation. To those of you seeking the services of ADR professionals, this Section will provide information that will help you in deciding whether facilitation services will help you resolve your issues. I hope to challenge other ADR practitioners, such as Mediators and Arbitrators, to see how facilitation fits into their work, as well.


The Role of Law in Conflict Management (1/28/02)
Alan Simpson
The task of this paper is to explore the relationship between law and conflict management. This paper has four components: stated assumptions of law, underlying values that affect the relationship, the impact of the legal process on present day forms of dispute resolution models, and questions for future ponderings. The conclusion of this paper expresses the beliefs of this learner's present and developing understanding of law and its relationship to conflict management.   2 Comments


Managing Scientific and Technical Information In Environmental Cases: Principles and Practices for Mediators and Facilitators (11/29/01)
Juliana Birkhoff, Peter Adler, Robert Barrett, Connie Ozawa, Emily Rudin
This effort represents ideas gathered from more than a hundred individuals as well as a review of some, though certainly not all, of the relevant literature. The document is an initial attempt to distill and disseminate those key principles and practices that are relevant to managing scientific and technical information in environmental conflicts. The authors hope to advance both the practice and theory of environmental mediation and to launch further thinking and discussion on the issues raised.

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