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Lester L. Adams - What is NVC Mediation? A Powerful Model for Healing and Reconciling Conflict
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Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown (11/17/09)
As readers of this blog know, the private practice of mediation in the United States remains unregulated by government. Arguably, this absence of formal regulation, licensing, and credentialing does not diminish mediation’s standing as a profession. It does, however, place weighty responsibility on the shoulders of U.S. mediators, collectively and individually, to protect the reputation of the profession and to build public confidence in mediation services.
Update on Home Foreclosure Mediation (11/17/09)
Here is an additional update on Foreclosure Mediation across the U.S. by Mediation News Editor Keith Seat.
On Becoming a Rationally Irrational Negotiator/Mediator: The 'Messy' Human Brain and the 'Myth of Rationality' - Part 1 of 5: The Irrationality of Being Too Rational (11/17/09)
While professionals like to think of themselves as rational actors; they seldom are. Often, in fact, they are 'irrationally rational." Neuroscientists and cognitive psychologists have discovered strong evidence tthat the functioning of the human brain is 'messy' affair and all of us are prone to being predictably irrational in our decision making. This throws into serious question the basic rationalist assumptions that underpin current negotiation and mediation practice, theory and training. If reason and emotion are inseparable in our thinking, and what is viewed as rational or irrational behavior is inevitably blurred, then distinctions hamper effective and creative practice. Practitioners might do well to consider how to become 'rationally irrational.'
Don’t Be So Square (11/16/09)
I recently saw my friend Lisa. She helps individuals and institutions to focus on communication, both within the institution and its workers, and how those individuals and companies interface with the outside world. I find the work fascinating, even if a bit vague, since it relates to something I focus on every day in mediation: the importance of clear communication as the foundation for better understanding and resolution of disputes.
Mediation Jokes (11/16/09)
There is much discussion on whether or not mediation is a profession yet one of the defining marks of a profession is when you can tell jokes about its practitioners. The truth of this observation is the public must know enough about the profession, even if only a caricature or stereotype image, to find the joke humorous. While there are a few mediation jokes around and several cartoons I don’t think we yet have reached that point. Nevertheless, I also think jokes are important to a professions self-identity and we certainly can have a go of poking fun at ourselves. So below are a few jokes I have written that hopefully might tickle our collective funny bone.
Exhilaration And Disappointment (11/16/09)
How much better it would be if participants in mediation would stop being advocates wedded to their own positions and, instead, were able to honestly analyze their opponents' case and figure out what it will take to move their position.
Multi-Party Facilitation - Improvisation: How to ‘Do The Jazz’ in Multi-party Facilitations (11/12/09)
Multi-party facilitations often reach such levels of complexity that the facilitator must be thoroughly prepared. However, things often don’t eventuate the way we predict and preparation alone is not enough to avoid a possible de-railing of the process. A skilled facilitator must be able to manage unexpected group dynamics in a similar way to a jazz musician taking part in an improvised performance.
Mediate.com Publishes 300th Issue of Mediate.com Weekly (11/10/09)
On November 10, 2009, Mediate.com publishes the 300th issue of The Mediate.com Weekly. The Mediate.com Weekly began as a "monthly" in 1997 under the guidance of Founding Editor John Helie and over time became a bi-weekly and then weekly publication under the leadership of Editors John Ford and Jim Melamed. The Weekly offers Mediate.com's latest articles, news, blogs and resources and is available for Free. Over 15 years, more than 1,000 authors have contributed to The Mediate.com Weekly.
Resolving Allegations Of Health Care Fraud – Does The Mediator Matter? (11/09/09)
Few dispute the goal of ensuring better health care through enforcement efforts and their deterrent effect. Health care fraud litigation generates much attention and significant revenues. However, litigation may be less adept at meeting the goal of improving health care delivery, at least not without significant transaction costs. To the extent that resolution of fraud allegations depends on negotiation, it is incumbent upon negotiators to be as effective as possible. Where fraud negotiations are complicated by the barriers cited above, mediation is advised.
Condo Conflict – Facing A Perfect Storm! (11/09/09)
In the cogent, if not immortal, words of Billy Joel, “they started to fight when the money got tight. And they just didn’t count on the tears”. This is true of romantic couples being observed in Scenes from an Italian Restaurant, families in general and, these days in particular, people living in and dealing with Common Interest Developments [CID] and Home Owner Associations [HOA].
What is NVC Mediation? A Powerful Model for Healing and Reconciling Conflict (11/09/09)
Taking on the practice of NVC mediation means to constantly hone and expand the capacity to contribute to the reconciliation and healing of conflict. In this article, I’ll explain the basic premise and process of NVC mediation and where it came from, then go into detail on a number of characteristics of this form that I find make it a particularly potent model.
How Mediate.com Benefits Mediators (11/05/09)
Mediate.com is in its 15th year and now averages over 13,500 daily visitors. In this article, Mediate.com's CEO summarizes how Mediate.com benefits mediators.
Decisional Errors – On the Field, On the Bench, In Negotiations (11/03/09)
The question is not whether humans make decisional errors, but how to compensate for them.
Mediators Calling For Climate Change Mediation Provision (11/03/09)
Mediators Beyond Borders (MBB) is calling on all delegates to include a mediation provision in the climate change treaty. Currently, the Kyoto Protocol includes negotiation, conciliation, arbitration, and judicial options, but not mediation.
Your Conflict Set To Music (11/02/09)
Consider how orchestrated music makes people relax. Dentists pipe it into their waiting rooms to calm frayed nerves, and mediators might do the same, but music can do much more throughout a mediation.
Moving The Goalposts - How To Craft A Mediator's Proposal (11/02/09)
In mediations involving commercial, business, contractual, employment, construction and insurance issues, the bottom line is most often dollars and cents. This is referred to as "distributive mediation," meaning that the size of the pie is predetermined, and the issue is limited to determining what size each claimant's slice will be. In my practice, I've developed a systemic method (sort of) through which I can narrow down my focus as much as possible in order to be able to insert my own proposal in a final effort to close the gap and obtain settlement.
Mediate.com Featured Blogs For November 2009 (11/02/09)
Here are the best of Mediate.com's Featured Blogs for November 2009.
The Three Major Characteristics Of The Judeo-Christian Model Of Peacemaking (11/02/09)
Dr. Ken Newberger has recently published a book entitled, “Hope in the Face of Conflict.” Born out of a Western worldview, he presents what he has identified as the 12 stages of the “Judeo-Christian Model of Peacemaking.” The following is an excerpt from his book. This chapter highlights the three major characteristics of the model.
Old Friends, the Internet and Mediation (10/27/09)
A short trip to the SF Bay Area this past weekend provided me with an enhanced understanding of how integrated electronic communication has become with the coordination of complex face-to-face events, be that a soccer game, hospital visitation or, perhaps, a difficult mediation.
God Is My Copilot! (10/26/09)
Remember that old WWII cinematic appeal to patriotism? Made a lot of us—at least those of us old enough to have been around—run out and buy a War Bond. I never expected the theme to reappear in the context of a mediation—but, then, lots of things happen at mediations we don’t expect.
Mediators And Industry Knowledge, Game Theory And Understanding Conflict (10/26/09)
Check out the range of opinions among litigators' clients on this still-hot topic in mediation circles over at the Business Conflict Blog (quickly becoming one of the most indispensable commercial mediation blogs on the web): Should Mediators Be Expert in the Field of the Dispute?
Elder Mediation Matters: Probate, Guardianship and Family Care-giving (10/26/09)
Conflict associated with estate matters, adult guardianship and family care-giving can tear families apart. Present decisions regarding an aging family member can be influenced by past history. More families will be faced with difficult choices as the population ages in growing numbers. Elder Mediation offers the opportunity to avoid going through the court system which can be costly, time-consuming and divisive. A skilled Elder Mediator can help participants focus on the future and arrive at creative solutions.
Seldom Does One Size Fit All (10/26/09)
Inter-alia the courts’ primary role is to make, interpret and define law and safeguard the public interests and social values. In contrast, ADR has come into more widespread use believing such formal processes have failed to afford real justice which would mean that parties deserve something more than what courts traditionally offer. It should not however be misled because ADR is not a panacea, anathema or a substitute to courts.
Making Settlements Last (10/19/09)
A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the overall result to be profitable.
Conflict Management Coaching at the Transportation Security Administration (10/19/09)
In 2003, the Transportation Security Administration, (TSA), an agency of the U.S. Department of Homeland Security, initiated the development of an Integrated Conflict Management System (ICMS), as part of an innovative Model Workplace Program. A Conflict Management Coaching Program (CMCP) emerged early on as one of the many unique service delivery components of this ICMS. This article discusses how this innovative program was designed and addresses how the CMCP has emerged as an integral component of TSA’s ICMS.
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