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Robert Benjamin

On Being Too Fussy About Values In Mediation: Consider The Hedgehog And The Fox

(10/10/16)Robert Benjamin

The origins of the mediation profession are anchored in the practical necessity of managing disputes. But mediators, as all human beings, have a need to imbue their work with special meaning--it is part of our evolutionary biology and psychology. Undergirding practice with value structures can be beneficial and give greater focus and depth to our everyday work, but there are risks.

L. Randolph Lowry

Interview with Randy Lowry

(10/10/16)L. Randolph Lowry

This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Greg Rooney

Applying Cynefin Complexity Theory to Mediation

(10/08/16)Greg Rooney

Cynefin is a Welsh word that means we are influenced by multiple factors in our environment that we can never fully understand. It is a good way to describe the complex world we are experiencing in this early part of the 21st century.

Sebastian Llanos

La Mediación Escolar Como Herramienta de Andamiaje

(10/07/16)Sebastian Llanos

El conflicto constituye una constante básica en el desenvolvimiento cotidiano del aula. Sin embargo, esta realidad conflictiva puede mostrarnos un dinámico potencial educativo si es observada como oportunidad de aprendizaje.

Dan Simon

Is the Other Side as Bad as We Think?

(10/07/16)Dan Simon

How can they possibly support ____ for president?!

Amy Sereday

Three Secrets About Difficult Conversations

(10/03/16)Amy Sereday

This article promotes the use of elder and adult family mediation to approach issues of aging and geriatric care. Targeted towards family caregivers, it outlines 3 reasons mediation can be beneficial when approaching difficult conversations.

Tammy Lenski

The Key to Handling Arguments About Respect

(10/03/16)Tammy Lenski

Feeling dissed? Here’s how to raise concerns about disrespect in a way that increases dialogue and decreases pushback.

Althea Halchuck

Hospice and Conflict Resolution

(9/23/16)Althea Halchuck

Conflict can touch anyone, at any time of life. In this article, I talk about end-of-life conflict, specifically those disputes related to hospice. I explore who is involved, why disputes arise, and reasons they are hard to resolve. I also speak about the importance of having a mediator as part of the hospice team.

Paul Rajkowski

Shameful Performance

(9/23/16)Paul Rajkowski

Mediation, which is intended to be a neutral performance by a mediator, is slowly sliding into a performance by a mediator that is anything but neutral. Current mediation processes defined by lawyers are more courtroom than collaborative.

Larry Susskind

Socially-Responsible Real Estate Development

(9/23/16)Larry Susskind

To date, most discussion of social responsibility focuses on what is called Corporate Social Responsibility (CSR). That is, what do corporations need to do to meet their social responsibilities?

David A. Hoffman

Interview with David Hoffman

(9/20/16)David A. Hoffman

This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Hadassah Fidler

Mediation is Not Magic

(9/16/16)Hadassah Fidler

Mediation is the buzz word of conflict resolution. Reading around mediation would make it appear that if you have a conflict, a mediator, like a magician, can wave it away without a frown crossing anyone’s face.

John Lande

Non-Apology Apologies, Part 2

(9/16/16)John Lande

It seems that there are a lot of stories about questionable apologies in the news lately. I don’t intend to discuss all of them, but here are a few more thoughts about some of them.

Zulma Dinca

Observando la Educación desde paradigmas del siglo XXI

(9/15/16)Zulma Dinca

Con el ingreso en la era de las políticas socioeducativas, el sistema educativo y, por ende, la escuela, entró en un proceso de profunda transformación. Ya la Educación no es responsabilidad sólo de la Escuela, se convierte, en ese evento, patrimonio de la Sociedad.

Robert Benjamin

The Risks Of Neutrality - Reconsidering The Term And Concept

(9/12/16)Robert Benjamin

As mediators, we seem to be drawn to the word "neutral" as a descriptive term for what we do and as a conceptual frame for our professional role. Beyond the theoretical discussion, however, there are some very practical risks for mediators to consider in continuing to describe themselves as neutrals.

Jay Folberg

Interview with Jay Folberg

(9/12/16)Jay Folberg

This is the complete interview by Robert Benjamin with Jay Folberg filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Sheldon Stark

Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters--Book Review

(9/09/16)Sheldon Stark

This book is a collection of previously published essays by two outstanding lawyers, one of whom is a well respected arbitrator, who practice labor and employment law in Michigan. The essays - witty, thought provoking and insightful - are drawn from experience in the trenches. They address lawyering, brief writing, mediation and arbitration, civility, persuasion, life, and MORE!

Denise Evans

Doing Commerce Requires Relationship: Why Relationship is an Important Part of Commercial Dispute Resolution

(9/09/16)Denise Evans

Commerce is a relationship activity – it makes no sense if mediators fail to address relationship in resolving commercial disputes.

Bernard Morrow

Reality Testing: The Right Dose at the Right Time

(9/09/16)Bernard Morrow

This article examines party expectations and testing those expectations in mediation.

John Paul Lederach

After the Handshake: Forging Quality Implementation of Peace Agreements

(9/06/16)John Paul Lederach

After nearly four years of negotiations the Revolutionary Armed Forces of Colombia (FARC-EP) and the Colombian government publicly released a 300-page peace agreement ending the half-century war, the last armed conflict in the Western Hemisphere.

Zahra Jimale

Divorcing Peacefully

(9/02/16)Zahra Jimale

A comparison of the resolution process of two former spouses, one who chooses litigation and the other who chooses the collaborative process.

John Sturrock

The Pressure is on to Re-train Our Brains

(9/02/16)John Sturrock

The fight or flight response of our forebears remains strong when we are under pressure.

Bernard Mayer

Interview with Bernie Mayer

(8/30/16)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.

John Lande

Non-Apology Apologies

(8/26/16)John Lande

The law generally doesn’t do much to promote apologies. Even if courts could order parties to apologize, the apologies probably would be of the unsatisfying tell-your-sister-you’re-sorry variety.

Doug Nathan

Confessions of a Mediator

(8/26/16)Doug Nathan

I have a confession and I hope you won’t think less of me for it.

Michael Aurit

Not Another “How to Choose the Best Divorce Mediator” Article: It’s a Matter of Trust

(8/26/16)Michael Aurit

Articles about “Choosing the Best Divorce Mediator” may soon be more numerous on the Internet than the actual number of divorce mediators that exist in the world. Go ahead, Google it and be amazed!

Robert Benjamin

The Natural Mediator

(8/24/16)Robert Benjamin

I think that what many say the character traits of a good mediator should be are not what they actually are. In contrast to the conventional belief of which traits make a good mediator, I have distilled four important attributes of the natural mediator.

Zena Zumeta

Interview with Zena Zumeta

(8/23/16)Zena Zumeta

This is the complete interview by Robert Benjamin with Zena Zumeta, long time mediator, trainer and former President of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.'

Claudia Maffettone

Principles and Practices of Peace and Conflict Resolution in Islam. The Case of Morocco.

(8/19/16)Claudia Maffettone

In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.

Donal O’Reardon

What's Wrong with Transformative Mediation?

(8/19/16)Donal O’Reardon

“Transformative” mediation has grown in popularity in recent years. It’s a style of mediation that looks to “transform” the relationship between the parties in a conflict.

Tammy Lenski

How to Navigate the “not my problem” Problem

(8/19/16)Tammy Lenski

“That’s not my problem” are four of the most frustrating words to hear when you’re trying to talk through a conflict.

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