New at Mediate.com

Maria Eugenia Sole

BREXIT: A View from the Philosophy of Liquid Modernity and Ethics of Alterity

(7/21/16)Maria Eugenia Sole Let's make an attempt to understand the recent events related to the output of the United Kingdom of the European Union from the perspective of contemporary sociology, but not before making a brief review of the paradigm shifts in the social field over the past centuries. En Espanol
Jim Melamed

Effective Conversations in American Society: Time for a National Mediation Act

(7/20/16)Jim Melamed Please join Mediate.com in recognizing the importance of effective conversations and mediation by supporting a National Mediation Act. This is the shift in social consciousness, American exceptionalism and American leadership that we and the world now most need.
Teresa Wakeen

Interview with Terry Wakeen

(7/19/16)Teresa Wakeen This is the complete interview by Robert Benjamin with well-known Seattle Mediator Terry Wakeen filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Dixon Dern

Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?

(7/15/16)Dixon Dern I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.
Maria Walsh

Pregnancy Discrimination Claims Grow

(7/15/16)Maria Walsh With expanded participation of women in the workforce, there is a need to adapt the workplace to pregnant and breast-feeding workers.
Robert Benjamin

Game Playing in Negotiation: Part 1, Evolutionary Purpose and Necessity---Machiavelli's Place At the Table

(7/11/16)Robert Benjamin While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.
Claudia Maffettone

110 Years of Mediation: Principles, Opportunities, and Challenges

(7/11/16)Claudia Maffettone In this article, I will offer a succinct overview of definitions, principles, approaches, opportunities and limits of mediation, a method of conflict resolution encompassing a wide range of practices.
Mervyn Malamed

Systemising the Way We Manage Workplace Conflict

(7/11/16)Mervyn Malamed A good Integrated Conflict Management System covers a spectrum of dispute resolution practices from formal, to informal, and developmental.
Michael Toebe

Executive Brief on Discovering Disputes Early

(7/11/16)Michael Toebe Are organizations thinking proactively about the problems that could negatively affect their mission, bottom line and legal safety? This article proposes a strategy and lists benefits of mediating as a remedy.
Donald T. Saposnek

What Should We Tell the Children? Developing a Mutual Story of the Divorce

(7/10/16)Donald T. Saposnek One of the most typical questions asked of me by parents who are beginning the divorce process is, “What should we tell the children and how should we tell them?”
Nina Meierding

Interview with Nina Meierding

(7/10/16)Nina Meierding This is the complete interview by Robert Benjamin with Nina Meierding filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Jeffrey Krivis

Can We Call a Truce? Ten Tips for Negotiating Workplace Conflicts

(7/06/16)Jeffrey Krivis Whether two employees are fighting or a disgruntled client is on the verge of leaving, you—yes, you—can step in and help solve the problem. Here are some tricks of the trade.
Frank Sander

Interview with Frank Sander

(7/05/16)Frank Sander This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Charlie Irvine

Scotland’s ‘Mixed’ Feelings About Mediation - Part 2

(7/01/16)Charlie Irvine To a hammer, everything looks like a nail; and to litigators, most cases look ripe for litigation. But my generation entered the Scottish legal profession with an additional motivation: if a case runs its full course, it is not just good for our pockets, it is good for the law and good for the country.
Esther Gomez Jimenez

Mediacion Online Una Realidad del Siglo XXI

(7/01/16)Esther Gomez Jimenez El impacto de las nuevas tecnologías y en particular el uso de Internet han hecho posible el establecimiento de nuevos métodos para la resolución de los conflictos, y es aquí donde entra en juego la Mediación, pudiéndose la misma desarrollar por este medio.
Roger Fisher

Interview with Roger Fisher

(6/27/16)Roger Fisher This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
Dr. Lynne C. Halem

Business Mediation: Strengthening Partnerships for the Long Haul

(6/27/16)Dr. Lynne C. Halem Business partnerships are similar to marriages. Consider the problems encountered by these two very different partnerships.
Justin Kelsey

Should We Also Talk About When Mediation Fails?

(6/27/16)Justin Kelsey Many misunderstand what mediation is and mislabel dispute resolution processes. Litigators are urged to educate themselves about mediation, because if you only tell clients about the disadvantages then you are not providing balance either.
Charlie Irvine

Scotland’s ‘Mixed’ Feelings About Mediation - Part 1

(6/27/16)Charlie Irvine This paper considers Scotland’s lack of receptivity towards mediation in the light of its ‘mixed’ legal heritage of both civilian and common law influences. It contrasts the approach to mediation in common law jurisdictions (such as England and Wales and those of the USA) with that of France, where litigation acts like an ‘attracting magnet’.
John Lande

Where the "Puck" is Going -- and What Faculty Should Do to Help Students Get There

(6/27/16)John Lande Analogizing the puck to the legal and dispute resolution fields, this program addressed where we are going and how, as legal educators, we can best prepare our students to “skate” there.
Zena Zumeta

Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation

(6/22/16)Zena Zumeta Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.
Maxine Baker-Jackson

Interview with Maxine Baker-Jackson

(6/21/16)Maxine Baker-Jackson This is the complete interview by Robert Benjamin with Maxine Baker-Jackson, former Director and Mediator, Los Angeles County Superior Court, Dependency Court, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Are You Really Ready for Divorce? The 8 Questions You Need to Ask

(6/20/16)Bruce Derman, Wendy Gregson This article outlines what couples need to do in order to face the numerous dilemmas that are inherent in divorce. If people have not resolved their dilemmas before the divorce, they go through the process trying to manage their fear in different ways by hiding their doubt, responsibility; vulnerability, or dependency.
Robert Benjamin

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

(6/20/16)Robert Benjamin Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.
Don Philbin

The Psychology of Bad Economic Decisions

(6/19/16)Don Philbin In this short piece, I describe a few ways that disputing parties and their lawyers systematically depart from rational decision making. Along the way, I offer tips on how to get productive settlement discussions back on track after being derailed by our all-too-human psychology.
Chris Moore

Interview with Chris Moore

(6/14/16)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.
Gregg Relyea

Managing Negative Personal Mannerisms in Negotiation and Mediation

(6/10/16)Gregg Relyea Carefully managing negative personal mannerisms can result in a more confident and competent negotiator who is aware of their own and others' negative personal mannerisms and who makes deliberate and conscious decisions about managing them.
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