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Facilitation Articles
- Do You Tell Your Mediation Clients About Neuroscience? A Poll At Brains On Purpose
- Trial Lawyers' Dilemma Similar To Mediation Advocates' Dilemma: Making The Initial Demand
- Texas Supreme Court Compels Arbitration Of Employment Discrimination Claims
- The Why’s Have It: Teaching Curiosity For Effective Negotiation And Mediation
- 9 Year Old Mediator Could Teach Us All Something
- Why Do You Think They Call Them "War" Stories? A Meditation On Mediation Ethics
- Real-Time Online Video Meetings
- To Avoid A Claim For Malpractice, California Court Says Keep Your Mediator Present At All Times
- Intuition Or Counter-Intuition?
- Carrie Prejean And Mediation Confidentiality
- Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown
- Prejean, Larry King And Hard Facts Making Bad Mediation Confidentiality Law
- The Death Of The Cookie-Cutter Mediator Is Nigh
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More What's New
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:
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.
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.
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.
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.
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.
Adversaries To Allies: Lessons From The San Diego City Schools Contract Negotiations (4/18/01)
Grande Lum & Monica Christie Interest-based negotiation has been hailed as the savior of the contract
bargaining process, enabling parties to reach better deals and work
better together to implement them. This article supplies
critical principles for any labor and management groups seeking to
implement interest-based bargaining in a contentious environment.
Using A Mediator In Public Disputes (1/23/01)
John B. Stephens Mediators and facilitators are becoming a regular part of the landscape of state and local government in North Carolina. Who are these "neutral third parties"? How do elected officials and top government managers know when to call on them? How can you find a mediator for a tough public issue? This article offers a brief answer to these three questions, and describes the Institute of Government resources in the area of public dispute resolution.
Community Conferencing As Transformative Problem-Solving (1/18/01)
David B. Moore In cases where the primary problem is general conflict rather than a specific dispute, the appropriate processes are perhaps best categorized as 'conflict transformation'. And there is now an exemplary conflict transformation process. It has come to be known generically as 'community conferencing.' Early versions emerged in New Zealand and Australia in the late 1980s and early 1990s, but the process is now being adopted in parts of Canada, the USA and Western Europe, often in 'restorative justice' programs.
Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation (9/04/00)
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.
Some Walk, Some Talk But Pork Dialogue Had Good Outcome, Convenor Says (8/08/00)
Phil Primack To some stakeholders,
the National Environmental Dialogue on Pork
Production (NEDPP) was an overall success.
"We were looking for ways to sit down at
a table and talk to local folks, environmental
groups and regulators at federal, state, and
local levels about environmental concerns,"
said Deborah Atwood, assistant vice president of
the National Pork Producers Council. Even with
some bumps in the road, "We succeeded in
talking about a series of solutions."
Preventing Conflict through Facilitation (12/23/99)
Janice M. Fleischer & Zena D. Zumeta Facilitators make it easier for people to accomplish whatever goal their meeting may have been called for. Although facilitation can be used in conflict situations, and therefore belongs on the conflict continuum, an important characteristic of facilitation is its use as a preventative measure.
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