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READ & SEARCH NEWS
03/05/2015

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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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.

Managing Editor
Transformative Mediaton - Video (1/26/15)
Managing Editor
Video on Transformative Mediation produced by Conflict Masters UK.

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.

Jennifer Winestone
Best Interests and Little Voices: Child Participation in the Family Mediation Dialogue (1/17/15)
Jennifer Winestone
This article examines the circumstances in which the child's perspective and inclusion is appropriate in divorce mediation and provides guidelines for achieving a safe inclusion process.

Eduardo Andres Sandoval Forero
Educación y Paz Integral Sustentable y Duradera - en Espanol (1/16/15)
Eduardo Andres Sandoval Forero
En el presente capítulo exponemos algunas ideas sobre la paz integral, su sustentabilidad y durabilidad. Abordamos la relación de la paz integral con la educación, entendida como un subsistema en el que se presentan conflictos, violencias, variedades áulicas y dinámicas de respeto y aplicación de los derechos humanos, de tolerancia, reconocimiento a las diversidades y praxis de cultura de paz.

Managing Editor
DREAM: Dare to Revitalize Education through Arts and Mediation - Video (1/15/15)
Managing Editor
Peer mediation video produced by ICHS peer mediation group.

John Sturrock
Hope for The Future of Mediation Internationally (1/13/15)
John Sturrock
My own work has taken me into the legislatures of many of the assemblies and parliaments in the countries of the United Kingdom to train and coach members in “scrutiny skills”. I believe that many politicians do understand the real value of this training at an individual level. I believe that they wish to move away from the time-consuming, energy-depleting, morale-sapping and often futile game of positional politics. They sense that this change is what their constituents want too.

Nina Meierding
Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field? (1/13/15)
Nina Meierding
In the author's experience as a mediator in over 4,000 cases and in almost thirty years of working with advocates, consulting attorneys, and collaborative lawyers, she believes that all forms of mediation are valuable processes which each have their place in helping parties move forward in their conflicts. She takes no position on the "best" process, only that self-determination remains the ultimate goal of any form of mediation. She is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.

Robyn McDonald
The Critical Role of Mediation in Bridging the Access to Justice Gap (1/09/15)
Robyn McDonald
For more than a decade, Colorado has worked to provide access to justice (ATJ) for its indigent and modest means citizenry. Despite efforts by the bar and the courts, the state continues to struggle in its pursuit. What has been so often overlooked, however, is how mediation provides the courts and litigants an affordable, efficient option to resolving many disputes.

Cris Pastore
Alimony in PA: Friend or Foe in Divorce? (1/09/15)
Cris Pastore
Alimony has become the "black sheep" of divorce law, often viewed as evil, spiteful and punitive. In my opinion, these perceptions are greatly misguided. I see alimony as entirely moral and appropriate, but only when it is necessary. Read my article to understand why.

Jon Warner
Conflict Theory (1/09/15)
Jon Warner
Everyone experiences conflict in their life so it should be no surprise that it also occurs in the workplace. However, organizational conflict theory says there are several varieties of conflicts within a given enterprise, with interpersonal being only one type. Departments have conflicts with one another, senior managements have power struggles and teams/organizations even have conflict with other teams/organizations.

Bill Marsh
Who's Running the Show? (1/09/15)
Bill Marsh
Noted mediation thinkers such as Robert Bush and Joseph Folger write an empassioned challenge to the profession “Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination”, arguing that mediation has shifted radically away from the party self-determination which is its essence.

Jeffrey Grubman
Why are Attorneys Afraid of Conflict in Mediation? (1/09/15)
Jeffrey Grubman
The mediation process has evolved significantly over the past few decades. Mediation was initially viewed skeptically by trial attorneys who viewed themselves as warriors who preferred to try cases rather than settle them.

Maria Eugenia Sole
Violencia Familiar y ODR - Video en Espanol (1/07/15)
Maria Eugenia Sole
¿Cómo podemos definir la violencia familiar? En primer lugar, podemos decir que la violencia familiar o violencia doméstica es cualquier forma de abuso entre los miembros de una misma familia, de un miembro a otro miembro. Este abuso generalmente causa un daño físico o psicológico a este miembro de la familia.


The Future of Mediation in Different Sectors (1/05/15)
Elinor Robin, Susan Dubow
Mediation has come a long way in the last 4 decades since it was endorsed, but this article examines all of the areas in which mediation still needs to grow.

Doug Yarn
Re-conceptualizing the Work as Something Bigger than Ourselves--Reconciliation (1/05/15)
Doug Yarn
After toiling in this field for 30 years, I have the strong sense that the patina has worn off and the institutions we have created are fraying and unsustainable in their current manifestations. I’m in good company in this perception; however, that doesn’t mean there is no future for mediation.

Zeno  Daniel Sustac
Mediation Anthem to Ring in the New Year (1/02/15)
Zeno Daniel Sustac
As the new year breaks, Zeno Sustac shares his Romanian mediation anthem, and now an English translation of the anthem as well!

Ralph Kilmann
Thomas-Kilmann Instrument: A Reflection on 40 Years (1/02/15)
Ralph Kilmann
Many mediators have used the TKI to illustrate concepts of avoidance and collaboration. On the 40th anniversary of the Thomas-Kilmann Instrument, Ralph Kilmann reflects on what they've learned.

Elinor Robin
Four Things You May Not Know About Conflict Even Though You Are Already A Conflict Expert--Book Excerpt (1/02/15)
Elinor Robin
Preview an excerpt of Elinor Robin's new book. Most of its content is relevant to the work we do as mediators, but not typical of the information generally presented during a mediation training program.

Karl Bayer
How Do We Create Better Inventives? (12/26/14)
Karl Bayer
Notwithstanding rules, admonitions and the fervent desire for efficient resolution of disputes, our current system of litigation creates incentives to drive up the costs of litigation. So how do we change these incentives?

Alberto Elisavetsky
Tercer artículo colectivo producto del debate en el foro Cyberweek 2014 sobre Sistemas Normativos y ODR (12/26/14)
Alberto Elisavetsky
En casos de ODR respecto de situaciones transfronterizas, sólo tenemos las normas de Derecho Internacional Privado. Es bueno destacar que el Grupo III de la CNUDMI (Comisión de las Naciones Unidas para el Derecho Mercantil Internacional -o UNCITRAL en Inglés), está reuniéndose desde hace bastante tiempo (celebraron su 30° período de sesiones entre el 20 y el 24 de octubre pasado en Viena), a fin de elaborar un proyecto de reglamento para la solución de controversias en línea en operaciones transfronterizas de comercio electrónico.

Nicolas Ulmer
The Witness Statement as Disclosure (12/26/14)
Nicolas Ulmer
As arbitrator I often glance through the witness statements early-on in order to get a more direct “feel” for the case, its players and its history, as well as for planning purposes.

Phyllis Pollack
Mediations Are Supposed To Be Confidential... But Are They Really? (12/19/14)
Phyllis Pollack
Many times a mediator has analogized mediation confidentiality to the television ad, "What happens in Vegas, stays in Vegas" to explain the sacrosanct nature of mediation confidentiality. But, are mediations really confidential? This article was reposted to ensure mediators are fully aware of this important topic.

Bruce Provda
6 Reasons You Need a Prenup (12/19/14)
Bruce Provda
Many divorces happen because of financial problems. A prenup forces both parties to look at — and reveal — their financial picture. An open discussion about finance may help to build a firm foundation for marriage.

Brad Heckman
Police Academy IX: This Time It’s Interpersonal (12/19/14)
Brad Heckman
The New York Peace Institute recently conducted a mediation training for the NYPD. They have kindly shared how the training went, tips and tricks for training, and some insights into the cross-over between police and mediation.

Donald T. Saposnek
Mediation Going Forward: What Do We Know? What Can We Expect? (12/17/14)
Donald T. Saposnek
The current complexity of our problems, at least in the U.S., is close to the point of overwhelm; for the individuals involved, for the governments that rule them, for the courts that adjudicate them, for the economic systems that support them, and because of the corrupted values that guide them.

Maria Eugenia Sole
Utilizing Online Dispute Resolution (ODR) for Co-parenting Issues in Families with a History of Domestic Violence (12/17/14)
Maria Eugenia Sole
This video discusses family mediation, domestic violence, and online dispute resolution. Maria Eugenia Sole discusses that different cultures have different definitions--with different understandings of what should be tolerated and what requires help. She also discusses different steps that can help.

Tom Stipanowich
Beyond “Getting to Yes:” Building Mediation Skills and Insights into Relationships (12/16/14)
Tom Stipanowich
A quarter century ago many believed we were experiencing a revolution in the way conflict was managed. Nowhere was this more noticeable than in the construction sector, the primary focus of my practice as an advocate and dispute resolution professional.


Claiming Mediation's Future (12/15/14)
Elinor Robin, Susan Dubow
Our own article on the future of mediation focuses on emerging trends and untapped potential. In addition we decided to write a response to “Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination” which was written by the esteemed Robert A. Baruch Bush, and Joseph P. Folger for Mediate.com in November 2014. We are not submitting this rebuttal in an attempt to change any one’s mind. Instead, as mediators we are generally fascinated with hearing, and telling, the rest of the story, so here it is…..

Douglas Noll
Doug Noll Discusses the Future of Litigated and Non-Litigated Mediation - Video and Transcript (12/12/14)
Douglas Noll
Doug Noll discusses the future of litigated and non-litigated cases.

Elizabeth Kent
Agatha Christie Helped Me Be A More Effective Mediator (12/12/14)
Elizabeth Kent
This short article presents a technique that the author calls a "Miss Marple Moment." Through the use of parallel stories, a neutral may address attribution and perceived negative intentions, and assist participants in seeing their situation in a different light and help them reflect on their contributions to the conflict. Hopefully, it is a fun read, just like an Agatha Christie book.

Josefina Rendon
Mediator Ethics and Professionalism: A Recipe for Success (12/12/14)
Josefina Rendon
I attended an interesting presentation on agreement writing and other mediation issues for advocates. One presenter talked in terms of moves, strategies, bluffs and get-away-with’s. The other talked in terms of good practice and ethical standards. Though the first mediator never advocated unethical conduct, the second struck me as a professional whose values and ethical standards were at the forefront of his practice.

Jeanette Bicknell
Workplace Restoration Case Study (12/12/14)
Jeanette Bicknell
Relations between the account services team and the head of production (“Bob”) were at an all-time low. The “drama” was a distraction from business. The manager wanted people to be able to work together collaboratively as a team. She was tired of responding to complaints about Bob and wasn’t sure what to do. And she wanted a quick solution before key staff members left for vacation. So she turned to a mediator.

Jerry Barrett
The Future of Alternative Dispute Resolution (12/09/14)
Jerry Barrett
Given the creativity of ADR practitioners and scholars, the best of ADR will continue to grow and expand to new areas of practice, and unheard of new ADR practice will emerge.

Colin Rule
A Future of Social Technology In Support of Peace & Justice (12/08/14)
Colin Rule
I envision a world where our social technology is designed in a way that builds human empathy, identifies and resolves conflict early and effectively, and introduces an era of greater peace, justice, and happiness. It will take a lot of work to get there, and there will be a lot of bumps in the road, but I can see it plain as day. That’s my hope for the future of mediation.

Tammy Lenski
The Future of Mediation: Mediators As Problem Finders, Makers, and Designers (12/08/14)
Tammy Lenski
When we focus primarily on problem solving, our effort will naturally tend to revolve around pinpointing, even driving hard toward, solutions. Along with our endgame focus may come the tendency to hurry past parts of the conflict that don’t seem, on the surface, to support our goal.

Lorraine Segal
The Conflict Pivot: A Must-Read for Mediators and Coaches - Book Review (12/05/14)
Lorraine Segal
In Tammy Lenski's latest book, The Conflict Pivot: Turning Conflict into Peace of Mind, I have discovered a rich resource that I can use in the moment while I’m working with clients, and which I can give to my clients to guide them when they're in the grip of a conflict. This article summarizes the book and explains why it is so valuable.

Alicia Millán
Mobbing at Work - en Espanol (12/05/14)
Alicia Millán
Este artículo intenta abarcar tres aspectos diferenciados aunque esenciales para el reconocimiento y tratamiento de este modo de violencia que tanto el Informe sobre Seguridad en el Trabajo de la Organización Internacional del Trabajo (O.I.T.) como otras publicaciones especializadas en la materia y en Congresos y Eventos sobre el tema lo califican como “nueva plaga laboral del siglo XXI”.


Dealing with Difficult People (12/05/14)
Jon Warner, John Radclyffe
We have to face dealing with difficult people at any time in our lives (and at both work and in our home lives). But in general, it’s not so much that the people themselves are difficult (although there are exceptions to this of course), but it is more likely that we find their current behavior difficult to deal with at a particular point of time.

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