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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.
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.
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?
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.
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.
The other day, I received a telephone call from an attorney wondering if I could conduct a mediation on very short notice.
Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.
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.
This is an article describing the 2017 Online Dispute Resolution Conference in Paris.
(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.
(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.
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."
Once there was a very small person who had feelings.
We transition from the family we were born into to the ones we create.
If you've ever been involved in a legal dispute you know that the path to a resolution can be long and costly and that the outcome is never a sure bet. There's got to be a better way.
Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”
We may think we have progressed far beyond the barbaric practice of dueling, but based on the way dueling is described in this show, it appears to function in much the same way as as our more modern systems of dispute resolution today.
No one begins a dispute thinking they might be wrong.
On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.
This article analyzes an important recent California case related to arbitration agreements and waivers.
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
Discussion about the ethical implications of having a litigation funder support a party in arbitration or mediation.
Is it time for us to change the designation: Mediator to Accommodator?
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Use this perspective to look at the other person in conflict.