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READ & SEARCH NEWS
03/03/2015

Morocco promotes role as mediator of moderate Islam

For several years, Morocco has been positioning itself as the champion of “moderate” Islam in order to emphasize its role as mediator in the Sahel and West Africa.


Federal mediator brought in to help avert MLS stoppage

Representatives of Major League Soccer and its players union are meeting with a federal mediator this week in a last-ditch effort to complete a new collective bargaining agreement before the 2015 MLS season opens Friday.


Ministry of Foreign Affairs of Denmark Issues Call for proposals for Non-military Conflict Resolution, Dialogue and Mediation

We are pleased to inform you that 12 million DKK has been allocated for non-military conflict resolution, dialogue and mediation in the recently adopted Danish finance act for 2015. We therefore launch this call for proposals. The deadline for submission of the project document and supporting documents is 8 April 2015.


ASEAN co-mediation of child custody rows proposed

Singapore Chief Justice Sundaresh Menon tells his counterparts in member-states of the Association for Southeast Asian Nations (ASEAN) to consider co-mediation in dealing with cross-border child custody rows.


Mediation advised between government and Jewish community regarding new Hungarian holocaust museum

Hungary will not establish a Holocaust memorial without the support of Hungarian Jewish organisations, Minister of State for the Prime Minister’s Office János Lázár has said. The Prime Minister has advised mediation between the government and the Jewish community.


What Happens When Elderly Couples Stop Driving?

A University of Missouri researcher has found that even if just one member of a couple stops driving, negative consequences result for both the driver and non-driver. The researcher recommends that the elderly, and their adult children, carefully discuss and plan for the transition to driving cessation.  "These are complicated, difficult decisions, and mediation of the discussion can often be helpful through, for example, a social worker or counselor.”


March is Mediation Month

VA Governor McAuliffe has named March “Mediation Month” in the Commonwealth, to honor the work done in courts and other resolution centers.

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The Master Agreement
"Mediate.com has become a tremendous resource for mediators, their clients and anyone interested in conflict resolution. It is the go-to resource for conflict resolution. My clients frequently comment on the wealth of very useful information available on the site. The dedication and innovation of its creators guarantee it to be an influential resource to the world for decades to come."
Joshua King


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Tom Stringer


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One reassuring thing about modern art is that things can't be as bad as they are painted.

New at Mediate.com

Laura Kaster
Back to the Future? – Not Likely (3/02/15)
Laura Kaster
Mediation is evolving. It should -- as many have stated in these columns -- remain connected to its routes in the joint session and party self-determination.

Forrest (Woody) Mosten
The Future of Mediation: Twenty Predictions for Mediation in 2030 (3/02/15)
Forrest (Woody) Mosten
If as Eleanor Roosevelt said, “The Future Belongs To Those Who Believe In The Beauty Of Their Dreams,” we in the mediation community have much to look forward to.

Henry Brown
Musings on Mediators, Pizza-Makers, and Humanity (3/02/15)
Henry Brown
I began this article on the future of mediation practice at what I thought, reasonably enough, was the beginning. Discussing how I came to New York in 1985 to train with John Haynes on a new approach to managing disputes that at that time had not yet found its way to the United Kingdom where I practised as a solicitor. However, In the course of writing and reviewing this piece, it began to dawn on me that while the trip was my conscious recollection of the beginning, it was not the actual beginning of my attraction, engagement and investment in what has become a personally and professionally fulfilling career.

Sandra Untrojb
The Future of Mediation: Teens and Technology (3/01/15)
Sandra Untrojb
Preparation for the future of mediation needs to focus on who will be using mediation and how. The audience in 20 years will have different expectations than the audience of today.


Mediation and the Black Belt Lawyer (3/01/15)
Andrea Maia, Juliana Loss de Andrade
The symbolism of the term ‘’black belt’’ may lead us in the first place to its meaning in the martial arts field, especially when you had your childhood influenced by the lessons from Mr. Miyagi and Daniel San’s hard path in Karate Kid. Comparatively, but differently from the Karate world, our corporate environment also has “black belts” who rely on knowledge, discipline and wisdom.

Bernard Mayer
Be Less Certain—and More Flexible (2/27/15)
Bernard Mayer
The challenge we face is how to be adaptable but still focused and effective. To meet this challenge, we need to remain clear about our fundamental purpose, to keep working on refining our skills and enhancing the range of approaches we can take to achieving those purposes, to commit to diversifying our field, and to maintain a clear hold on our values and ethical principles.

John Licciardello
Revolution Calling (2/27/15)
John Licciardello
The Need For Increased Coordination Among Divorce Professionals: The divorce experience starts early...perhaps in the therapists office and the Wednesday reading group where the decision is made...quietly... to move on. And once the papers are signed there are months of recovery, both financial and psychological, until a sense of "normal" is achieved. The whole process can take several years from start to finish, and involves a host of professionals. So it is no small surprise that the outcomes are varied and often poor.

Sandra Untrojb
El Futuro de la Mediación: Los Adolescentes y la Tecnología (2/27/15)
Sandra Untrojb
En mi opinión el futuro de la mediación se basa en dos pilares fundamentales: los adolescentes y la utilización de las nuevas tecnologías.


Don't Rush (2/26/15)
Christian Radu Chereji, Constantin-Adi Gavrila
There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number of lawsuits filling the logs of the courts and then draw the inevitable conclusion that mediation has missed the opportunity of (be)coming mainstream.

Larry Gaughan
Mediating Divorce Agreements: The Problems and the Potential (2/26/15)
Larry Gaughan
It was really exciting to be part of the divorce mediation movement when it became national around 1980. Almost everyone seemed to be aware of the problems with the adversarial system of divorce, and mediation held the promise of a process that was more personal and far less expensive and time consuming. Mediation training was mainly focused on divorce agreements, and those training courses rapidly became a major source of income for the trainers.

Josefina Rendon
Ética y Profesionalismo del Mediador: Una Receta Para el Éxito Profesional (2/26/15)
Josefina Rendon
Hace varios años en Houston, Texas, asistí a una interesante presentación sobre acuerdos escritos y otros temas de mediación para abogados. La diferencia entre los dos exponentes me pareció tan diferente que todavía los recuerdo después de tantos años. Un exponente habló en términos de movidas, estrategias y “trucos del negocio”. El otro habló en términos de buenas prácticas y normas éticas.

Jan Frankel Schau
Time Traveling (2/25/15)
Jan Frankel Schau
Litigation and mediation need to change in the future. People have new expectations about interacting with professionals, and the wise mediator will make note of these changes and incorporate these new trends in their practice.

Greg Rooney
Rebooting Mediation by Detaching from the Illusions of Neutrality, Just Outcomes, and Balanced Power (2/23/15)
Greg Rooney
I would submit that the next quantum leap for the theory and practice of mediation is to detach from the concept of neutrality as a core element of mediation practice. I propose to reboot the profession of mediation by championing the proposition that mediators are not neutrals. That they bring their own personal history and professional expertise to the process of assisting parties who are in dispute.

Leslie Short
Branding the Industry of Mediation (2/20/15)
Leslie Short
We were all trained to be aware of “what's in our bags” or to phrase it differently, what each person brings to the table. Then we’re told you must not bring anything to the table but the ability to listen and ask open-ended questions.

Tracy Allen
The Mediation Future (2/20/15)
Tracy Allen
So long as market users , i.e. the true decision makers, remain dependent on their legal counsel to select, direct and control the mediation/negotiation process, there is likely to be little advancement in public education about the importance and availability of mediation.

Alex Azarov
APR: Alternative Political Resolution (2/20/15)
Alex Azarov
Mediation has proven to me that adversarial litigation is an archaic way to resolve many of our conflicts. I think it's logical that we the best for the future is to use mediation to resolve the political deadlocks that are plaguing our societies, transforming democracy from the divisive popularity contest that it has become to the participatory civic engagement that so many have fought for.

Katherine Triantafillou
The Art of Conversation and The Future of Mediation (2/20/15)
Katherine Triantafillou
Although I am pretty good at envisioning the future, I don’t really have any grandiose images of the future of mediation. Rather, I have some cautionary tales and a few suggestions for how we might impact the future and avoid the pitfalls of insularity.

Zeno  Daniel Sustac
Philosophy of Mediation (2/13/15)
Zeno Daniel Sustac
When we speak about the philosophy of mediation we inherently have to relate to the philosophy of law and the philosophy of conflict. The philosophy of mediation is a present-day subject and of interest among the specialists in the Alternative Dispute Resolution field.

Jennifer Winestone
Mandatory Mediation: A Comparative Review of How Legislatures in California and Ontario are Mandating the Peacemaking Process In Their Adversarial Systems (2/13/15)
Jennifer Winestone
This article examines the evolution of two mandatory mediation programs in the state of California and the province of Ontario, how they differ, and the lessons we can take from each program's successes and failures.

John Sturrock
The Mediator's Log: A Mediation Story - Section 3 (2/13/15)
John Sturrock
The Mediator's Log gives a step-by-step diary of a mediator's day as he moves through a complex negotiations. This is the final step of the mediator's negotiations.

John Lande
We Need a Better Consensus About Negotiation Theory (2/13/15)
John Lande
In previous posts, I argued that there are serious problems with the general consensus on negotiation theory reflected most clearly in Getting to Yes. I described problems with the system of negotiation models, which assumes that most or all negotiations can fit into two models of highly-correlated variables (or a few variations of these models).

Mary Aderibigbe
The Importance of Preventive Law to the Growth of Mediation (2/10/15)
Mary Aderibigbe
We are in the information era marked by influx of ideas, data flexibility and improved efficiency. This information age has to a large extent contributed to global decline in career and employment opportunities.

Jacques Joubert
Ambiguity and Mediation (2/06/15)
Jacques Joubert
Some time ago I acted pro deo – instructed by the state but literally meaning for God – for a client who was on trial for murdering his victims with the heavy wooden handle of a pickaxe. It was a difficult case, but I learned a lot about high conflict mediation.

Becky Bartness
The Business of Mediation (2/06/15)
Becky Bartness
Many mediators are drawn to this field because they have a calling to help. This article reminds us that the work we do is valuable. It is important to see mediation as a legitimate business--and then the public will begin reflecting that view.

Jeffrey Fink
After the Conflict is Resolved (2/06/15)
Jeffrey Fink
It does not matter who you are, or whether you are fighting on behalf of yourself or your organization. As a conflict is prolonged, people repeat and rehearse the story over and over again in their minds. When it is time to move on, it can be hard to disengage.

Donal O’Reardon
The Transpersonal is the Future of Mediation (2/04/15)
Donal O’Reardon
The future of mediation and conflict resolution is the transpersonal. “Transpersonal” means a view of the person as more than their conscious mind.


Integrating Conflict Management and Workplace Mediation Practices: A Blueprint for Future Practice (2/03/15)
Craig Runde, Daniel Dana
A key motive for closer integration between workplace mediation and conflict management processes is the desire of organizational clients to control costs. In a manner similar to the evolution from litigation to alternative dispute resolution, organizations are increasingly recognizing the advantages of improved ability of managers and employees to manage their conflicts at the lowest possible level and at the earliest possible time.

Nathan Witkin
Negotiation Advocacy and the Future of Alternative Dispute Resolution (2/03/15)
Nathan Witkin
One promising and yet underdeveloped segment of the alternative dispute resolution movement is negotiation advocacy. Roles such as collaborative attorney and conflict coach are allowing ADR practitioners to enhance their clients’ experience at the negotiation table with communication coaching and a style of advocacy that is cooperative in nature.

Elizabeth Kent
The “Peter Principle” Revisited (2/03/15)
Elizabeth Kent
In celebration of its 20th year, Mediate.com has challenged us to think about the future. Where should the field be 20 years from now? I decided to look to the past, and specifically at one person, to learn from past experience about what has helped to move the field forward.

Managing Editor
South Africa to Launch Court - Annexed Mediation in Mahikeng (2/03/15)
Managing Editor
South Africa has officially launched the Court-Annexed Mediation in Montshioa Stadt Village, Mahikeng. The alternative dispute resolution mechanism will allow for a negotiated settlements and alleviate huge litigation costs.


F=T(Q+I) F = The Future; T=Trust; Q=Quality; I=Information (2/02/15)
Deborah Masucci, Michael Leathes
The Future of mediation hangs on several factors. Probably the most important is Trust. If mediation is not widely trusted by users, it has a mediocre future. This is simply because mediation depends on the parties, who usually do not trust each other, fully trusting the mediator and the mediation process. Unfortunately, mediation appears to stand some way down the trust stakes.

Michelle Brenner
Mediation Past, Present, and Future…. (2/02/15)
Michelle Brenner
Mediation has been part of the story of mankind. The word mediation may be part of the 20th century English vocabulary, but the meaning behind it has roots and seeds that have been developed as long as mankind has existed.

Robert Benjamin
The Place of an Old Fashioned Deal Broker in the Future of Conflict Management: An Interview with Kenneth Feinberg (2/02/15)
Robert Benjamin
Robert Benjamin recently interviewed Kenneth Feinberg for Mediate.com about his career over the last 30 years. He has managed the settlement of complex and difficult claims in the wake of some of the largest catastrophic events we have faced as a society and has pioneered an approach that has altered, not only the legal landscape, but also our culture. Read the interview in this article.

Elizabeth Kent
Celebrate Groundhog Day! How Punxsutawney Phil Helps Me Help People (1/30/15)
Elizabeth Kent
Many people I work with experience the Groundhog Day phenomenon in their lives and interactions, leading to unsatisfying conversations, a failure to have conversations about important things, and further conflict.

Gregorio Billikopf
Without Compulsion: Teaching Mediators Empathy (1/30/15)
Gregorio Billikopf
When we are in conflict, our counterparts become our enemies. We block positive feelings we may have about them. We may try and bravely think of something good to say, but emotional leakage gives away the pain we are feeling. It is difficult to move our counterpart out of the enemy camp, and even more difficult to say something positive about him or her.

Joe Markowitz
Technology (1/30/15)
Joe Markowitz
If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include technology. Technology is already enabling us to do things that would have been unimaginable only, say, 20 years ago.

William Ury
William Ury “Getting to Yes with Yourself” – 53 min. Video (1/29/15)
William Ury
Renowned negotiation expert William Ury visited Google's Cambridge, MA office to discuss his book, "Getting to Yes with Yourself (and Other Worthy Opponents").

John Kenyon
Beyond “Half Full or Half Empty” - Getting the Right Glass (1/27/15)
John Kenyon
The mediation field continues to debate its future with optimists and pessimist talking past each because fundamentally we do not agree on what constitutes mediation. The article takes a different perspective and suggests several ways to tackle the thorny issue of definitions along with using a practitioner to manage these divisive issues.

Howard Gadlin
Truths in Advertising (1/26/15)
Howard Gadlin
Several times in the course of my life I’ve been involved with a cohort of people who envisioned themselves as a possible vanguard of fundamental social change even while they were pursuing professional careers In fact, many of the early mediation practitioners were also veterans of civil rights and anti-war activities who were drawn to ADR as an alternative path to justice, equality, and social change.

Richard Barbieri
The Police and the Public: A Mediator’s Reflections (1/23/15)
Richard Barbieri
In a society where media coverage and public concern shift rapidly from one headline to another, tension surrounding the deaths of Michael Brown and Eric Garner seems to have exceptional durability and to be spilling into numerous venues, not least the conflict between New York’s police and its mayor. What insight can mediators offer as we seek to understand, and perhaps avoid, such escalating situations in the future?


Joint Sessions: More Arrows in the Mediation Advocacy Quiver (1/23/15)
Daniel Ben-Zvi, Caroline Vincent
While private caucuses and shuttle diplomacy successfully produce settlements, attorneys who also choose to advocate directly to their opposition in joint session are availing themselves of more arrows in the attorney’s quiver.  Mediators Daniel Ben-Zvi and Caroline Vincent encourage attorneys not to overlook this valuable tool and discuss strategies to use in conjunction with joint sessions to provide the most favorable resolution for their clients.

James Stovall
A Movement Toward Empowerment (1/22/15)
James Stovall
I want to comment on the future of mediation by talking a bit about the past. Whenever I train a group in mediation I make an attempt to locate mediation within a historical context reminding people briefly of the invention of hierarchy and top-down decision-making.  Think of a giant ship making a turn in a new direction.  It doesn't happen instantly. 


Mediate.com Announces Mediation Futures Project (1/20/15)
Jim Melamed, Robert Benjamin, Clare Fowler
In Celebration of our 20th Year, Mediate.com has announced The Mediation Futures Project. Ultimately, our goal is to develop a set of blueprints for the mediation field most effectively moving into the future. Submit your article or comment today!

Debra Oliver
Mediation: Centerpiece of World Recovery (1/20/15)
Debra Oliver
This articles examines the future of mediation as a tool for global improvement. There are a variety of venues where mediation might prove to be the only answer for entrenched conflict.

Kenneth Cloke
The Future of Mediation: Toward a Conflict Revolution (1/18/15)
Kenneth Cloke
We evolve, not only as individuals, but as couples, families, groups, organizations, societies, economies and polities, both in the nature of our conflicts and in our approaches to resolution, moving from simple to more complex, nuanced and skillful forms. But in order to evolve, it is necessary for us not merely to settle or resolve the particular conflict we are facing, but also its hidden coda, essential nature, or binding principle, by learning the secret lesson it took place in order to teach us.

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