|
SEARCH MEDIATORS MEDIATOR REFERRAL JOIN MEDIATE.COM Mediation Today
read all Week's Best Blogging
Recommended Articles
Most Popular Articles
Keith Seat's |
New at Mediate.com
Notable Mediation Cases from Around the Country (2/09/10)
This article, by Mediate.com Mediation News Editor Keith Seat, summarizes recent notable mediation legal cases from around the U.S.
Making The Best Of Mediation: From Breakfast To Bedrooms And Beyond (2/08/10)
I find that it is often helpful to set the scene in mediation by bringing together the participants over breakfast: this gives an opportunity for people to mingle informally and for me to say some words about what we are here to do – and how.
Mediate.com Featured Blogger Interview: Victoria Pynchon at Settle It Now Negotiation Blog (2/08/10)
Mediate.com is doing a series of articles on our Featured Bloggers. This is the featured blogger interview of Victoria Pynchon.
Valentine's Day: Hearts & Flowers Or Darts & Revenge (2/07/10)
Valentine's Day serves as a reminder of broken relationships. Divorced people are often angry and want revenge. Mediation gives the parties an opportunity to vent while allowing them to preserve the relationship. This is especially important if children are involved. This article includes comments from a divorce attorney and a therapist on how to handle divorce and Valentine's Day.
CPR Institute Presents its 27th Annual Awards for Outstanding Scholarship in ADR (2/03/10)
The International Institute for Conflict Prevention & Resolution (CPR Institute), a nonprofit think-tank and alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of commercial conflict prevention and alternative dispute resolution (ADR), presented its 27th Annual Awards on January 13 in New York City.
On Becoming A Rationally Irrational Negotiator/Mediator - Part 2: The Grip of Rationalism and the Myth of Rationality (2/02/10)
Fair warning: this part, on the origins of rationalism, will likely be hard for most practitioners to read. The demands of earning a living and being practice focused leave little time or patience for what appears to be the study of abstract and esoteric topics such as appreciating the extent to which Western history, science, and philosophy have directly shaped the basic working assumptions that under gird negotiation and mediation practice and training. Given how deeply ingrained and pervasive the influence of rational thinking is in the cultural ethos, however, awareness is essential if the rationalist thinking is to be reconsidered and modified.
Mediating Employment Disputes (2/01/10)
We have received several questions concerning the approach to mediating disputes that arise in the workplace. We have found that mediation works well to resolve workplace disputes because it allows the parties to maintain a relationship while reducing adversarial tension and increasing the likelihood of a low cost/high benefit settlement.
Parenting Plans For Special Needs Children (2/01/10)
All parenting situations are not the same. In particular, in families of children with special needs, the parenting plan needs to be crafted with great care. Here, parents need to think and re-think child-related situations that over the years have most challenged their coping mechanisms and include provisions for their interaction and oversight that deal specifically with these very targeted issues.
Mediate.com Featured Blog for February, 2010 (2/01/10)
Here are the best of Mediate.com's Featured Blogs for February 2010.
Mediation In Romania (1/31/10)
Custom is a second human nature and the Romanian justiciable has inoculated itself for years the concept that any misunderstanding should be resolved in a court of law. However, the opinion of the Romanian justiciable is about to change, due to mediation.
International Mediation Developments (1/26/10)
Here are a number of recent international mediation developments from Keith Seat, Editor of Mediate.com's Mediation News. Mediation clearly has become a global phenomenon.
The Making Of A Mediator (1/25/10)
Law and psychology are two common paths to mediation. Many of the professional mediators I know come from those fields. But other professions offer opportunities to develop the knowledge and skills needed to be a successful mediator. My work as a teacher and writer led me to conflict resolution.
What Facilitative Mediation Has To Offer (1/24/10)
Facilitative mediation (as I know it and practice it) is the only process I know of which helps parties think about how to work through difficulties and toward a resolution of their own making without outside pressure.
Before The Deal Honeymoon Ends (1/24/10)
Even as deal activity begins to pick up, corporate decision makers remain understandably risk averse. Dealmakers must balance their need to get a deal done with the goal of avoiding costly or unnecessary mistakes.
ABA Announces Mediate.com as 2010 Lawyer As Problem Solver Institutional Award Recipient (1/20/10)
The 2010 American Bar Association (ABA) Lawyer as Problem Solver Award is being presented to Mediate.com as the institutional recipient and Bennett Picker and Andrew Schepard as individual recipients. The award presentation will be on April 9th at the American Bar Association Section of Dispute Resolution Awards Dinner in San Francisco.
Mediation: Staying Culturally Relevant In A Multicultural World (1/19/10)
Many mediators have been trained solely in a Western-style model of mediation with Western-style tools in their “toolboxes.” Even the theoretical constructs of ADR often reflect a Western model that is not always respectful of culturally diverse concepts. While using Western techniques does not inherently mean that the interventions will not be successful, it does mean that they are less culturally sensitive. Internationally, it may also be seen as the United States bringing its process to another country that already has had its own conflict resolution processes in place for generations.
The Psychology Of Mediation, Part I: The Mediator’s Issues Of Self And Identity (1/18/10)
The following article is excerpted from Elizabeth Bader’s forthcoming article in the Pepperdine Dispute Resolution Law Journal. In February, 2010, a second part of this article dealing with the IDR cycle will be published on Mediate.com. The IDR cycle is the cycle of inflation, deflation and realistic resolution that typically occurs in negotiation and mediation.
Worsening Economy Brings Increased Discrimination Charges: How Early Mediation Can Assist (1/18/10)
The years 2008 and 2009 brought grim economic times resulting in increased charges of discrimination and harassment by beleaguered employees. In former days, employees who felt harassed or unfairly terminated sometimes moved on to other companies rather than filing a formal complaint. Because fewer job opportunities are now available, disgruntled or laid-off employees appear more likely to file complaints of discrimination. The following figures illustrate this trend.
Update on Home Foreclosure Mediation (1/13/10)
Here is an additional update on Foreclosure Mediation across the United States by Mediation News Editor Keith Seat.
Recognizing Ineffective Team Patterns (1/12/10)
Sometimes teams are stuck in ineffective communications patterns that aren’t even recognized although they may be having significant impact on the team’s success. These patterns can be focused on such issues as relationships, processes, behaviors, or resources. Even if you are sure your team is working well, it might be useful to step back and take a look at the patterns of communications on these issues and see if any can be improved.
All Behavior Makes Sense: A Spectrum Approach (1/11/10)
This essay will first explore a theoretical example of a spectrum of possible behaviours and why individuals may select a choice and then defend their decision (i.e. cognitive dissonance) to others, and finally how others perceive the decision. Next, this essay proposes how this tool can be used to debrief negotiations or mediations, and to further develop strategies. What does this all mean in our day-to-day world?
To Caucus Or Not To Caucus – That Is The Question (1/10/10)
I have served clients in mediation in many roles -- as mediator, as reviewing attorney, as client’s attorney in the background, and as client’s advocating attorney at mediation sessions. I have seen a great range of use of caucusing by mediators (including myself), sometimes related to a mediator’s style or the mediator’s theoretical model of what mediation should be, sometimes relating to the particular facts of a case and needs of the clients.
Mediation For Seniors (1/05/10)
As seniors grow older, decisions often need to be made about where to live, should the senior continue to drive, how should financial affairs be managed and what kind of medical care is appropriate. These are tough emotional decisions often requiring difficult conversations within a family.
10 Ways For Divorcing Families To Enjoy The Holidays (1/04/10)
All families experience additional stress during celebrations and holidays, but divorced families can be pushed to the limit. We are headed into a time when everyone is expected to be happy and full of good cheer, and maybe your heart is in shreds, the kids are fighting, and you are flat broke. 10 Ways for Divorcing Families to Enjoy the Holidays offers suggestions on how to agree on a schedule; simplify celebrations; keep conflict to a minimum; plan for alone time and incorporate new traditions.
A Great Weight Can Be Lifted: Another Advantage Of Marital Mediation (1/04/10)
This article focuses on the benefits of marital mediation as an alternative to trying to deal with “Antenuptial Agreements” presented to you two weeks before the wedding during the Christmas holidays!
Copyright 1996-2010 © Resourceful Internet Solutions, Inc. All rights reserved.
