New at Mediate.com

Michael Toebe

How Mediation Could Help Dispute Between MLB and Rose

(4/14/16)Michael Toebe Pete Rose failed to have his ban from the sport rescinded recently. He's now been banned from any participation in the sport and inclusion into the Hall of Fame for 26 years and counting. The two sides cannot work through the conflict and it seems counterproductive to both sides' interests.
Randy Marcoz

Using Communication Tools in Mediation

(4/14/16)Randy Marcoz At the outset of a mediation, the disputants have all the background, the history, and the inside knowledge about the dispute. Mediators must play “catch-up.” This discovery requires good communication skills.
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How to Get the Most Out of Mediate.com for Free

(4/13/16)Mediate.com Mediate.com offers a remarkable set of resources and opportunities. Here is how you can get the most out of Mediate.com without paying a dime.
Susan Carpenter

Interview with Susan Carpenter

(4/08/16)Susan Carpenter This is the complete interview by Robert Benjamin with Susan Carpenter, a national leader and author in the field of public policy mediation, filmed for the Mediate.com 'Views from the Eye of the Storm' Video Series.
Michelle Brenner

Economy and Caring – revealing the shortfall

(4/08/16)Michelle Brenner Caring has much more applicability than compassion. Compassion is only called into being when there is suffering, when things are not going well.
Steven Goldman

Pillars of Life for Successful Interactions

(4/08/16)Steven Goldman This article deals with some important pillars of life and people’s values and interactions in our personal and professional lives.
Bernard Mayer

Interview with Bernie Mayer

(4/04/16)Bernard Mayer This is the complete interview by Robert Benjamin with Bernie Mayer, co-founder of CDR Associates in Boulder and an instructor at Creighton's Werner Institute, filmed for the Mediate.com's 'Views from the Eye of the Storm' Video Series.
Michael Leathes

Data will defeat “the deadening drag of status quoism” The Global Pound Conference Series has kicked off

(4/04/16)Michael Leathes The goal of the GPC Series 2016-17 is to provide the core global data needed to address the causes and remedies of user dissatisfaction with dispute resolution.

Family Law Progress Inspires Divorce Mediation in Arizona

(4/04/16)Karen Aurit, Michael Aurit Three years have passed since the words “child custody” have been spoken in an Arizona courtroom. They have not been missed.
Stephanie Klein

Mediating, Judging With Pro Se Parties: A Balancing Act

(3/31/16)Stephanie Klein Mediators, like judges, encounter ethical issues when dealing with a pro se party facing a represented party. If they try to compensate for parties without counsel, they run the risk of compromising their impartiality.
Constantin-Adi Gavrila

The Ethical Filter in Mediation

(3/31/16)Constantin-Adi Gavrila Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears.
Howard Gadlin

Interview with Howard Gadlin

(3/29/16)Howard Gadlin This is the complete interview by Robert Benjamin with Howard Gadlin, Ombudsman and Director of the Center for Cooperative Resolution at the National Institutes of Health since 1999, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Denise Evans

What Can Mediators Learn from Einstein?

(3/26/16)Denise Evans Mediators have much to learn from scientists’ way beyond understanding the neuroscience which impacts on how individuals in conflict might behave as a result of the external pressures in their lives.
Charles Hill

Conflict Preemption

(3/25/16)Charles Hill A decade and a half in the ADR field has led me to ask the question: what about conflict preemption?
Gail Bingham

Interview with Gail Bingham

(3/21/16)Gail Bingham This is the complete interview by Robert Benjamin with Gail Bingham, President of RESOLVE, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
John Sturrock

Thinking about the Future and the Need for Action by Mediators Part 3 (of 3): A Call to Arms for Mediators?

(3/18/16)John Sturrock “Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure."
Rackham Karlsson

9 Elements of a Successful Mediation Consultation

(3/18/16)Rackham Karlsson The initial mediation consultation is an important opportunity to provide substantive value to the clients and lay the groundwork for a successful mediation.
Michael Lang

Interview with Michael Lang

(3/16/16)Michael Lang This is the complete interview by Robert Benjamin with Michael Lang, former President of the Academy of Family Mediators and founder of the Antioch University conflict resolution program, filmed for the Mediate.com 'Views from the Eye of the Storm' Video Series.
Jay Folberg

The Shrinking Joint Session: Survey Results

(3/15/16)Jay Folberg As mediation has proliferated and become part of our legal culture, how mediations are conducted has diversified. Although there is no “standard” process of mediation, there has previously been little empirical evidence to inform us of what is really happening behind closed mediation doors.
Sid Lezak

Interview with Sid Lezak

(3/14/16)Sid Lezak This is the complete interview by Robert Benjamin with former US Attorney and mediator Sid Lezak shortly before his death as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
John Sturrock

Thinking about the Future and the Need for Action by Mediators - Part 2

(3/11/16)John Sturrock Why is mediation not already transforming the world? Why is a set of tools, ideas, attitudes and aptitudes which nearly always help people resolve difficult situations quickly, cost effectively, creatively, humanely and legally, and is practical-, business-, family- and community-centered, not the primary method of dealing with conflict of all sorts?
Michael Toebe

Dispute Suspends 100-plus-year-old Basketball Rivalry

(3/11/16)Michael Toebe Two Utah universities have suspended a 100-plus-year-old sports competition in mens basketball over a dispute. The schools forfeited much - history, a strong marketing event, revenue, fan disappointment and more. I interviewed Bernie Mayer to talk about the story.
Tammy Lenski

Small Caring Actions to Help Ease the Suffering in Conflict

(3/11/16)Tammy Lenski Conflict and suffering are confederates working in painful alliance, each feeding the other as if to ensure its own continued existence. If I turn away from the suffering in conflict, I deny a part of my clients’ experience.
Richard Chernick

Witnesses in Arbitration – Federal Arbitration Act

(3/11/16)Richard Chernick Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable).

Limits of Conversational Structure - Video

(3/09/16)Jeff Conklin This 4 minute semi-animation by Jeff Conklin illustrates why sequential conversational structure is inadequate for complex issues.
Jim Melamed

Review of MediationMate

(3/07/16)Jim Melamed This is a review of MediationMate (www.MediationMate.com), a new suite of end-to-end productivity tools for divorce mediators.
Judy Tindall

Online Peer Mediation Project

(3/07/16)Judy Tindall There are three changes in the educational and social context that suggest the need for a more technologically sophisticated version of peer mediation.
Joan B. Kelly, Ph.D.

Top Ten Ways To Protect Your Kids From The Fallout Of A High Conflict Break-Up

(3/04/16)Joan B. Kelly, Ph.D. Joan B. Kelly, Ph.D. is a groundbreaking clinical psychologist and researcher who began studying the impact of divorce on children in 1968. Joan is an author, therapist, mediator, and parenting coordinator with four decades of experience working with high conflict parents who are separating.
Richard J. Roberts

Anger Masks More Vulnerable Emotions

(3/04/16)Richard J. Roberts Behavioral scientists have conducted numerous experimental studies on the emotions of anger and fear. However, despite volumes of data, most of them have missed the key element in the relationship between the two emotional states: anger almost always masks fear (or some sort of “weaker,” more vulnerable emotion, such as anxiety, shame, guilt, helplessness, or grief).
Howard Bellman

Interview with Howard Bellman

(3/04/16)Howard Bellman This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

3 Powerful Conflict-Resolution Strategies From an Anti-terrorism Leader

(3/04/16)Bill Carmody, Aldo Civico Every business person eventually runs into conflict. What you do next determines whether you advance forward or fall back.

Creating Stable Agreements in Marine Policy

(3/04/16)Scott McCreary, Meredith Cowart Marine Protected Areas are frequently developed in consultation with the full range of stakeholders. Without proper process design, the agreements are not stable. This article details the challenges encountered in the stakeholder process to design Marine Protected Areas in Southern California.
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