5/22: Arbitration ends long tempest in a tea can read 5/22: Former Merrill Lynch Colleagues Sue Each Other In FINRA Arbitration read 5/22: Arbitrator dismisses cap-fine appeal by Cowboys, Redskins read 5/22: Bureau may seek mediation to advance Lake Berryessa resorts read 5/22: Best screwed up headline ever: "Miley Cyrus advises young girls to mediate" read 5/22: St. Louis Rams' Future in Missouri: Final Words Before Arbitration read 5/22: Saudi Arabia: New Arbitration Law In Saudi Arabia – A Major Development For Commerce In The Kingdom read 5/22: Will Islamic finance dispute panels really work? read 5/22: 2 of 3 lawsuits settled involving judge in sexual-harassment allegations read 5/22: Lawsuit over prescription mixup goes to mediation read read all
What Does Fairness Have to do with It? by Phyllis Pollack
Good Magicians are Masters at Attention Choreography: So are Good Mediators by Stephanie West Allen
ODR Gaining Traction by Colin Rule
A Better Way to Fix Your Problems at Work by Tammy Lenski
What Women's Initiatives Need by Victoria Pynchon
The Courage to Listen in Conflicts by Lorraine Segal
Poor Behavior 12: Lack of Openness or Honesty by Vivian Scott
Because The Other Side Has A Perspective (5/06/12) John DeGroote “Every truth has two sides; it is as well to look at both, before we commit ourselves to either”. Aesop’s quote made sense over 2000 years ago, and the rest of this story reminds us it’s good advice today. This article examines the scandal at the New York Philharmonic when one patron's cell phone rang continuously--a good reminder to examine both sides' story without forming a conclusion. 1 Comment
It's All in the Delivery (4/30/12) Phyllis Pollack My colleague, Ms. Simpson, suggests that if one must shift to pressure, do it with a light touch – stay calm, quiet and respectful in your delivery. This reduces defensiveness and may even produce trust to the point that the party will be open to what you are saying.
In Support of California Assembly Bill 2025 (4/30/12) Elizabeth Moreno This article discusses in detail California Assembly Bill 2025. This bill is currently being considered before the California Supreme Court. AB 2025 changes the rules of mediation confidentiality.
Too Happy??? (4/23/12) Phyllis Pollack Science never ceases to amaze me. Now there is a study that finds that being too happy is not a good thing. According to an article in the April 2, 2012 edition of The Washington Post entitled “Too much happiness can make you unhappy, studies show”, one can be less happy by being so happy. Sounds oxymoronic to me!
Values (4/17/12) Joe Markowitz Oftentimes, all we need to do to resolve a dispute is arrive at an agreed-upon value for the subject of the dispute--whether that is a lawsuit, or a company, or a piece of property. It therefore behooves the parties to come to mediation armed with as much objective information as they can get that would support the value they are seeking. In the case of property, that might be an appraisal.
Complexity Matters (4/17/12) Roi Ben-Yehuda Conflict resolution practitioners would do well in thinking of practices and techniques for increasing people’s awareness of their own identity complexity. Some promising work on identity-based training has been done in this regard, but the practical potential of this research has yet to be fully realized.
Russia's New Mediation Law (4/17/12) Allan Silberman Russia’s new mediation law, enacted January 2011, established procedures for resolving civil disputes including those dealing with commercial transactions, business activities and labor relations. The legislation also includes measures that regulate relations between the parties that arise during mediation and that govern the role and responsibilities of the Mediator. The legislation, comprehensive in its description of mediation, is designed to promote the use of the process and is seen as a means of alleviating congestion in the nation’s courts.
Violate Mediation Confidentiality? Case Dismissed! (4/09/12) F. Peter Phillips J. Michael Hand didn’t like the Walnut Valley Sailing Club’s storage shed. A member of the club, though not disabled himself, Mr. Hand thought the structure didn’t comply with the accessibility requirements of the Americans with Disabilities Act. So he sued.
Recognizing Shame in Mediation (4/02/12) Jason Dykstra In mediations, and in conflict in general, we deal a lot with shame and guilt, and before we go any further, we need to realize that they are two different things. So what’s the difference? Brene Brown describes it as understanding the differences between “I am bad” and I did something bad.”
Why Bother Trying Mediation? (3/19/12) Susanna Jani Because, whether we want them to or not, our connections with others are enduring. We can ignore them or deny them but, once made, they stay with us forever — as do any any loose ends left in our connections.
The State of Community Mediation (3/19/12) Justin Corbett The National Association for Community Mediation (NAFCM) has released its much-anticipated new report: The State of Community Mediation. This fieldwide assessment is the most comprehensive in nearly a decade, and includes many never-before reported statistics detailing the size, scope, and impact of the the community practice area.
The Unfairness of Arbitration? (3/12/12) Art Hinshaw In the New York Times, Stanford Law Prof. Amalia Kessler has an interesting op-ed about consumer arbitration. The interesting thing about this piece is not its arguments against consumer arbitration but its historical take on arbitration that looks back past the FAA.
Poor Behavior 6: Giving Vague Instructions (3/05/12) Vivian Scott We’re halfway through our list of a Dozen Dirty Behaviors that cause problems at work with #6; giving vauge instructions. What do you think your boss means when she gives you an assignment and then adds, “When you get to it” as part of the instructions?
Moving Towards Better Dialogue? (2/27/12) John Sturrock There is little doubt that the win-lose, black-white paradigm is costly, in money, time, opportunity and dignity. It denies the obvious fact that life is complex, that most people are trying their best in difficult circumstances and that creativity, imagination and compassion are more likely to achieve better outcomes than zero-sum games where there are often only losers.
Tips for New Mediators (2/19/12) Paul Stenzel A mediator who can remember what it was like to be a newer mediator offers some tips for new mediators. It is difficult beginning any career, and mediation offers some unique challenges. 2 Comments
Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation (2/17/12) Zena Zumeta Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation. 17 Comments
The Pull of Hate in Lawsuits (1/30/12) Karin S. Hobbs “Let no man pull you low enough to hate him.” Every year at this time, we are reminded of the great work of Reverend Martin Luther King, Jr. So often I encounter people who seem to “hate” each other.
In a recent series of mediations, I encountered a number of people who began to “hate” each other.
Citizen Participation, Media Hype and… Dogs (1/02/12) Aik Kramer A while ago, I facilitated a public meeting about dogs in the municipality of Zandvoort (Holland), a fishermans village that, over the years, has transformed itself into a tourist beach resort. It houses approximately 16.000 inhabitants and, with the seasons, has a flow of millions of tourists each year. There are hotels, cafes, clubs, a race-circuit, and of course, there’s the beach itself.
Evaluative and Directive Mediation: All Mediators Give Advice--Part 1 of 2 (10/03/11) John Wade Debates have arguably matured in other professions such as health care, where tensions, competition, limited funding and research exist, sometimes helpfully, between surgical, chemical, psychological, exercise and do-nothing interventions. The writer suggests that as these ongoing similar mediation debates are unpackaged, the debates become more helpful, rather than fog and noise. 2 Comments
Book Review: How Leading Lawyers Think (9/26/11) Robert Creo, Monique McKay “How Leading Lawyers Think” by Randall Kiser is a rare inside look at decision making, mediation, negotiation and case evaluation from the perspectives of leading attorneys who have successfully taken thousands of cases to trial. Their collective experience provides engaging, insightful perspectives about how cases are built from the initial client meeting, through settlement negotiations and the factors that impact the presentation at trial. 2 Comments
Incommensurability of Values and Conflict (9/19/11) Milan Slama In order to make comparisons intelligible requires that we apply some form of measure or utilize a unit of measurement. We need a uniform scale so that we know how to determine a higher or lower score.
