Facilitation Section


Facilitation Articles


Can Your Beliefs About Someone Alter Their Behavior?

(9/14/17)

If you believe someone is aggressive, could they behave more aggressively with you than with others?

Bernard Morrow

Joint Session: A Tale of Two Mediations

(9/14/17)Bernard Morrow

I share a tale of two wrongful dismissal mediations conducted weeks’ apart.

Arthur Pressman

Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation

(9/14/17)Arthur Pressman

Noted lawyer Gerry Spence is as accomplished a painter as he is a trial lawyer. In both of these activities Spence creates canvases. More importantly, he understands in both pursuits that he is the painter and not the painting.

Tammy Lenski

Join the Resistance

(9/08/17)Tammy Lenski

When we notice resistance, a typical response is to try persuading them out of their resistance.

Peter T. Coleman

When Does Conflict Move in a Good or Bad Direction?

(9/07/17)Peter T. Coleman

We should work hard to approach conflicts as mutually shared problems.

Klaus Peter Berger

Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book Review

(9/07/17)Klaus Peter Berger

This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.

Joshua N. Weiss

Mastering the Art of Negotiation - Book Review

(9/06/17)Joshua N. Weiss

This is a book review by Joshua Weiss of the book Mastering the Art of Negotiation.

Shirli Kirschner

Accountability of ADR Practitioners

(9/01/17)Shirli Kirschner

Accountability of ADR practitioners is important to ensure the credibility and effectiveness of ADR processes.

Larry Gaughan

Using ADR Ideas to Negotiate Divorce Agreements

(9/01/17)Larry Gaughan

In negotiating a divorce agreement, it’s important to understand how the spouses negotiated with each other during their marriage.

Meriam Al-Rashid

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

Michael Lang

Why Case Consultation/Reflective Practice Groups Matter for Mediators

(8/18/17)Michael Lang, Rochelle Arms

While mention of reflective practice in the field of mediation has grown in recent years, its use is still not standardized in the work of most mediators.

Peter T. Coleman

World Peace: How Do We Keep Nations from Thermonuclear War?

(8/18/17)Peter T. Coleman, Morton Deutsch

This article describes ideas on peace and justice from the career of Morton Deutsch.

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.

Elizabeth Bader

The Psychology and Neurobiology of Mediation

(8/11/17)Elizabeth Bader

From a psychological perspective, the most important problem in mediation is that people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article deals with the psychology and neurobiology of this phenomenon, and how to deal with it in mediation.

Susan Yates

Mediators, Can We Shift Perspectives on the “Blind Men and the Elephant” Story?

(8/11/17)Susan Yates

I have a problem with a story that we in the conflict resolution field use and I’m hoping we can find a replacement for it.

Andrea Maia

Elementary, My Dear Watson!

(8/11/17)Andrea Maia

Nowadays, there are two recurring questions regarding Artificial Intelligence that are very difficult to be answered: How far will humans interact with machines? And until what point humans can be replaced?

Aldo Civico

Master the 7 Steps to Conflict Transformation

(8/11/17)Aldo Civico

Whenever I ask participants in my workshops what words they associate with conflict, they come up with expressions that have most of the time a negative quality. They associate conflict with fear, anxiety, frustration, sadness, loneliness, anger, etc. But it doesn’t have to be like that.

John Sturrock

Knowing our Neighbours – a Mediator’s Reflection

(8/08/17)John Sturrock

I am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals.

Phyllis Pollack

The Need to Dance; the Fear of Failure

(8/08/17)Phyllis Pollack

The other day, I received a telephone call from an attorney wondering if I could conduct a mediation on very short notice.

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.

Steven Goldman

Formula for Success

(8/03/17)Steven Goldman

This article deals with a formula for success in mediating and fostering positive interactions and outcomes: C + S + T – AR = SI, collaboration, plus synergy, plus teamwork, minus adversarial relationships, equals successful interactions.

Jie Zheng

Access to Information and Justice: Where does ODR lead us to?

(8/03/17)Jie Zheng

This is an article describing the 2017 Online Dispute Resolution Conference in Paris.

Justin Kelsey

5 Tips for Adding Video to your Mediation Practice

(7/28/17)Justin Kelsey, Julie Tolek

As more services go digital, it is necessary for legal and mediation professional to follow the trend. Clients expect an equal level of convenience and access in purchasing legal and mediation services that is provided in other online services.

Robert Bergman

Increased Complexity of Commercial Disputes Requires a New Approach

(7/28/17)Robert Bergman, Jonathan Ewing

The cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty.

Charlie Irvine

Cooperation with a Competitor

(7/21/17)Charlie Irvine

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."

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