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Steven Goldman

Formula for Success

(8/03/17)Steven Goldman

This article deals with a formula for success in mediating and fostering positive interactions and outcomes: C + S + T – AR = SI, collaboration, plus synergy, plus teamwork, minus adversarial relationships, equals successful interactions.

Sheldon Stark

What “The Blind Men and the Elephant” Can Teach Us About Perspective at the Mediation Table

(8/03/17)Sheldon Stark

Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy.

Chris Moore

Interview with Chris Moore

(8/01/17)Chris Moore

This is the complete interview by Robert Benjamin with mediation pioneer Chris Moore, Founder of CDR Associates in Boulder, CO, and a long time leader in the area of public policy mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

Shannon Rios Paulsen

Children, Divorce, and Dating

(8/01/17)Shannon Rios Paulsen

In my role as a counselor for children of divorce, my focus is the children. The question about dating arises in every session of “Co-parenting Through Your Divorce” that I facilitate. This article addresses this question for parents of divorce and for those who are dating others who are divorced with children.

John Fiske

Bargaining in the Light of the Law: The Case of Divorce

(7/28/17)John Fiske

By now, in 2017, divorce law has become clear and often even predictable.

Robert Bergman

Increased Complexity of Commercial Disputes Requires a New Approach

(7/28/17)Robert Bergman, Jonathan Ewing

The cost of commercial litigation continues to rise, as a highly politicized world produces pervasive economic and policy uncertainty.

Justin Kelsey

5 Tips for Adding Video to your Mediation Practice

(7/28/17)Justin Kelsey, Julie Tolek

As more services go digital, it is necessary for legal and mediation professional to follow the trend. Clients expect an equal level of convenience and access in purchasing legal and mediation services that is provided in other online services.

Richard Custin

Peacemaking, Justice, Restoration, and Forgiveness

(7/21/17)Richard Custin

We often talk about peacemaking while neglecting to address the ultimate goal of justice, restoration and forgiveness.

Marcy Einhorn

5 Reasons to Choose Mediation to Solve A Dispute

(7/21/17)Marcy Einhorn

If you've ever been involved in a legal dispute you know that the path to a resolution can be long and costly and that the outcome is never a sure bet. There's got to be a better way.

Shelby Hockaday

Serious Gaming in Water

(7/21/17)Shelby Hockaday, Todd Jarvis, Fatima Taha

This paper discusses the use of serious gaming as a method for water resource conflict-negotiation.

Jeff Kichaven

A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation

(7/20/17)Jeff Kichaven

The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.

Michael Scott

Co-Parenting

(7/19/17)Michael Scott

There are many threatening and frightening things that happen to individuals whose relationship ends up in separation or divorce. A successful divorce is one in which the parents divorce each other but do not require the child to divorce one of the parents.

Jim Melamed

Mediation.com Refuses Refund to Family of Mediator Who Died

(7/18/17)Jim Melamed

Mediation.com has once again revealed itself in refusing to offer any refund to the widow and child of a mediator who died 7 days into an alleged 2 year listing contract.

Ron Kelly

California Mediation Confidentiality Will End, Unless…

(7/14/17)Ron Kelly

Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.

Gracious Timothy

Dealing With Bad Connections, Inside-Out and Outside-In

(7/14/17)Gracious Timothy, Tanima Tandon

In our respective professional lives, each of us have had a fair experience of the approach that advocates have towards in-house counsels and vice-versa.

Michelle Brenner

Culturally Competent Compassion in Mediation

(7/14/17)Michelle Brenner

What does culturally competent compassion mean? Is it knowing when and to whom, male or female a hand should be offered?

Kenneth Cloke

Interview with Ken Cloke

(7/12/17)Kenneth Cloke

This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Phyllis Pollack

The CLRC’s Tentative Recommendation on Mediation Confidentiality!

(7/07/17)Phyllis Pollack

If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for “legal malpractice” occurring in a mediation context.

Peter Huang

California Supreme Court Sets Up Showdown at U.S. Supreme Court over Arbitration Agreements

(7/06/17)Peter Huang

This article analyzes an important recent California case related to arbitration agreements and waivers.

Vicki Shemin

Divorce Lawyers: 5 Little Known Things You Need To Know

(7/06/17)Vicki Shemin

There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.

Marion Wasserman

Massachusetts Divorce: How Long Does it Take?

(7/06/17)Marion Wasserman

Let us imagine a couple in agreement on pursuing the quickest possible Massachusetts divorce.

Michael Toebe

Mediating Disputes for Effective Healthcare Relationship Firefighting

(6/30/17)Michael Toebe

The practice of healthcare is demanding and stressful. Conflicts materialize in most human interactions and the medical field is no different. Actually, it might be expected. Yet there is a solution.

John Sturrock

Did They Teach You This In Law School?

(6/30/17)John Sturrock

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten.

Paul Rajkowski

Is It Time?

(6/30/17)Paul Rajkowski

Is it time for us to change the designation: Mediator to Accommodator?

John Ford

The New SHRM Competency Guidelines

(6/23/17)John Ford

Should HR professionals mediate internal workplace disputes?

Marcy Einhorn

Why Should I Mediate?

(6/23/17)Marcy Einhorn

If you've reached an impasse in a dispute with someone, why bother bringing in yet another person to complicate things?

Pete Desrochers

Negotiation - Part 5

(6/23/17)Pete Desrochers

As in real life, negotiation “Snipers” are dangerous and calculating opponents.  Snipers don’t face you head-on. They lurk in hiding or in the protection of their surroundings.

Case Management for College and University Ombuds

(6/23/17)Clare Fowler, Jim Melamed

Academic (college and university) Ombuds Offices have unique needs for managing personal and case information.

Joe Epstein

The Wisdom of Native Americans

(6/19/17)Joe Epstein

Native American wisdom focuses on healing wounds, and bringing peace through good feelings, not fear. While mediations are focused principally on legal issues, Native American wisdom teaches us to be mindful of a person's emotional damage as well.

Carrie J. Menkel-Meadow

Interview with Carrie Menkel-Meadow

(6/18/17)Carrie J. Menkel-Meadow

This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Richard Lutringer

Mediation on Broadway-The Dramatic Lessons of OSLO

(6/16/17)Richard Lutringer

Oslo by J.T. Rogers, awarded a Tony on June 11, 2017 for best Broadway play of the season, documents the backstory secret negotiations which led to the Israeli-P.L.O. Peace Accord of 1993. This negotiation highlights the power of humility, patience and persistence.

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