Facilitation Section


Facilitation Articles


Steve Vondran

Vondran Tips for Mediation Success - Video

(4/09/17)Steve Vondran

Mediation provides parties (Plaintiff and a Defendant) with an excellent chance to settle their case. But you do not want to blow it and you want to make sure you are properly prepared to handle the case.

Phyllis Pollack

Jack and Jill Go Up a Hill….and Argue!

(4/07/17)Phyllis Pollack

As they are going up the hill, from out of nowhere, Jill makes an offhand but biting remark to which Jack responds negatively. The ensuing conversation gets totally off track on whether they should go up the hill and instead focuses on Jack’s personality traits and then on Jill’s personality traits.

Sabine Walsh

Should Mediation Be Free?

(4/07/17)Sabine Walsh

It’s a no brainer, right? Shouldn’t it?

Maria Simpson

The Third Side

(4/03/17)Maria Simpson

Sometimes “new” information on conflict resolution sounds like what we already know, but an existing idea can be reframed and sound new all over again.

Gabriel Cheong, Esq.

Can You Use a Mediator in an Uncontested Divorce?

(3/28/17)Gabriel Cheong, Esq.

If you and your spouse are unable to reach agreement in mediation, you still have the option of going to court.

Nadja Alexander

Towards a Harmonised Approach to Mediation Legislation in Asia?

(3/17/17)Nadja Alexander

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.

F. Peter Phillips

Apple’s Terms and Conditions

(3/17/17)F. Peter Phillips

The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy.

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.

Phyllis Pollack

On Apologies…. Once Again!

(3/10/17)Phyllis Pollack

If poorly worded, an apology can only exacerbate the situation rather than ease the hurt and pain caused by the initial faux pas.

Susan Yates

Reflecting on RSI Focus Groups in Washington, DC

(3/03/17)Susan Yates

My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.

Bill Marsh

Too Much Or Too Little?

(3/03/17)Bill Marsh

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement?

Ira Turkat

Harmful Effects of Child-Custody Evaluations on Children

(3/03/17)Ira Turkat

Child-custody evaluations have become commonplace in family-law disputes over living arrangements, parental decision-making, and time-sharing with offspring.

Lorraine Segal

The Seductiveness of Being Right

(2/24/17)Lorraine Segal

The desire to be right is deeply seductive and understandable, but it can cause a lot of problems at work

Tammy Lenski

One Intriguing Reason it's Hard to Take Responsibility for Problems

(2/10/17)Tammy Lenski

The next time someone declines to take responsibility for words or actions that had a bad impact, don’t immediately assume it’s a flaw in their character.

Stuart Watson

The Essential Elements of Mediation Training

(2/09/17)Stuart Watson

Mediation Trainer Stuart Watson shares the wisdom of the most important elements of a mediation training gained from training new mediators over the last 15 years.

See You in H*ll: Preparing for Mediation

(2/05/17)Adam Halper, Lauren Groetch

To arrive at a successful resolution in mediation, you have to work for it. Mediation is hard.

Tammy Lenski

How to Say No Persuasively

(2/03/17)Tammy Lenski

“If you can’t say no, your yes is hollow.”

Dan Simon

Even the Best Mediation Doesn’t Eliminate Differences – Nor Should It

(2/03/17)Dan Simon

Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.

Denise Peterson

Embracing Impasse

(2/03/17)Denise Peterson

This article addresses three common impasses which can become future wins when mediators frame the discussion.

Maria Simpson

Such Interesting Language!

(1/27/17)Maria Simpson

The current linguistic environment is instructive, scary, and actually great fun.

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.

Ellen Kandell

Is It Ever OK to Blame?

(1/20/17)Ellen Kandell

Blame is frequently used, whether consciously or unconsciously, in an attempt to assign responsibility for something gone awry.

Camaron Thomas

What I Learned from Studying Neuroscience about the Future of Mediation

(1/20/17)Camaron Thomas

Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.

Richard Barbieri

Borderlines: Neutrality on the Edges of Mediation

(1/13/17)Richard Barbieri

Mediators have Four Noble Truths, recited to each new set of parties we work with: “This process is Voluntary and Self-Determined; we are Neutral, and everything said here is Confidential.”

Jan Frankel Schau

Barriers to Settlement: Fear of Regrets

(1/06/17)Jan Frankel Schau

Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.

Click here for MORE ARTICLES