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READ & SEARCH NEWS
07/25/2014

Privatization of justice & "Sharia courts" 

The apex court in its landmark decision on 7th July, 2014 held that sharia courts are not courts as Indian legal does not recognize a parallel judicial system. But then is it not a fact that privatization of justice is fact of life not only in India but in most developed countries? Does our law not recognize arbitration and other alternative methods of dispute resolution? Are not sharia courts and fatwas different and therefore should not be clubbed together? What has been the performance of sharia courts in last 94 years? Has not the latest decision given new lease of life to the sharia courts?


Divorcing Parents: 10 Questions to Ask Before Fighting Over the Kids

Divorce attorney Larry Sarezky has created a short film to stop divorcing parents from engaging in high-conflict custody battles for the sake of the kids. I saw the film, Talk to Strangers, and was dramatically impacted by its message. Larry also provides ten questions divorcing parents should ask themselves before fighting over the kids in court. His years of experience have shown him the consequences for the children involved -- effects they'll experience on a life-long basis. Here are Larry's 10 questions, along with his opening comments about high conflict divorce.


India: Mediation to settle the trouble in family

Over 20,000 cases related to family disputes have been settled in Bangalore with the help of a third party mediator over the last 7 years.  
1. Total no: of cases referred to mediation: 35784
2. Total no: of cases mediated: 27915
3. Total cases not mediated and returned: 5864
4. Total cases mediated and settled: 20534


Can we change the mediation paradigm from voluntary to mandatory?

I have just returned from an enjoyable but hectic visit to the United States. During my stay, I took some time to read up on the family law situation both in the US and north of the border in Canada. It is always intriguing to see such familiar family law touchstones as legal aid and mediation in a completely different context.

READ & SEARCH NEWS
"I am a University of Baltimore student in a negotiation and conflict management graduate program. My professor told us in our mediation class to check out your website, and I must say I am very impressed."
Ganna Melnichenko


More Testimonials
'Taint what a man don't know that hurts him it's what he knows that just ain't so.

New at Mediate.com

Jay Folberg
Pioneer Series: Field Combined Law and Social Work - Video (6/05/14)
Jay Folberg
Jay Folberg describes early on in the field when he, as a lawyer, collaborated with psychologists and social workers and they learned from each other.

Robert Benjamin
The Art and Practice of Second-Guessing Negotiated Deals (6/03/14)
Robert Benjamin
The recent exchange of "the last POW " American soldier in the Afghanistan War for five Guantanomo prisoners, reported to have been mediated by Quatar between the Taliban and the United States, has drawn scathing criticism. Beyond the politics, it highlights the unique vulnerability of negotiated and mediated agreements to second-guessing. Ironically, the secrecy and informality that often make negotiative processes work also breeds skepticism and doubt. This re-published article remains timely and relevant to an understanding by all practitioners, that negotiation and mediation are risky businesses.

Don Philbin
Book Review: Short and Happy Guide to Mediation (6/03/14)
Don Philbin
Will Pryor's "Short and Happy Guide to Mediation" is both. You can read it in a sitting, and probably will. But it covers the waterfront too. Pryor teaches the latest negotiation theory, but the focus is decidedly on applying it in practice. The book not only helps neutrals, it helps parties and their advocates better utilize the process to maximize results.

Laura Kaster
Improve Your Judgment Like a Star Athlete Does (6/03/14)
Laura Kaster
Andre Agassi was admitted to the Tennis Hall of Fame in 2011. He still has something special to teach lawyers about improving our judgment.

Phyllis Pollack
Is There A Bad Faith Exception to Mediation Confidentiality? (6/03/14)
Phyllis Pollack
This articles analyzes an order of a federal court providing that mediation confidentiality would not apply to prevent an insurance company from using statements made during mediation to defend itself against claims of insurance bad faith.

Roger Fisher
Pioneer Series: Working with People Who Don't Want to Negotiate - Video (6/01/14)
Roger Fisher
Roger Fisher explains that when one party doesn't want to negotiate, talk to others around them to find out their motivations, interests, concerns, and worries. To have an intermediary to be the back-and-forth at first can provide a foundation for building up to a negotiation.


Imaginary Mediation: Snowden to Return, Face the Music! (5/29/14)
Anony Mous
I had a dream, surely stimulated by Brian Williams’ interview of Edward Snowden on NBC. My dream was that I had just mediated agreement between Snowden and the US Government for Snowden to come home and, in the words of Secretary of State Kerry, “face the music.”   5 Comments

Joseph Stulberg
Pioneer Series: Successful Mediation Techniques in Complex Disputes - Video (5/28/14)
Joseph Stulberg
Joe Stulberg shares how great mediators he's observed are very analytical and have a sense of pragmatic creativity.

Carrie J. Menkel-Meadow
Pioneer Series: Value-Based Mediation - Video (5/25/14)
Carrie J. Menkel-Meadow
Carrie Menkel-Meadow talks about her early experiences with Gary Friedman and their efforts to bring humanistic psychology to law. The value-based mediation process still informs her practice.

Gregg Relyea
ADR: A Day in the Real Life of a Practicing Civil Lawyer (5/24/14)
Gregg Relyea
This article dramatizes the central role played by ADR in the everyday life of a civil law practitioner. The article is set in the context of a "day-in-the-life" of a hypothetical civil litigator. The purpose of the article is to focus on the pervasive and critical role played by ADR in civil law practice.   1 Comment

Caryn Cridland
The Mediator, The Artist (5/23/14)
Caryn Cridland
Mediators can be compared to artists - they begin with a blank canvas with parties too angry to see the possibilities. They help people in conflict see the bigger picture. With each step of the process, a new view or perspective, a new colour, a new brush stroke or insight appears. At first it is only the mediator who can see the newly-formed, unique picture that has appeared through these new insights until through using their skills, those involved in the conflict begin to see the full picture too and move towards resolution.   2 Comments

Jacques Joubert
When an Apology Sets the Tone of a Dispute in Mediation (5/23/14)
Jacques Joubert
For commercial mediators it is obvious that commercial interests such as the need to make a profit are the most important incentives for the parties to settle, in the context of course of their legal rights. But in practice and in theory, attention to psychological or personal interests (e.g. reputation, autonomy, status or acknowledgement) is often key to resolve commercial disputes.   4 Comments

Joy Rosenthal
Mediating Your Divorce? Do You Still Need an Attorney? (5/23/14)
Joy Rosenthal
Reviewing or consulting attorneys are crucial to the divorce mediation process. This article explains why, and helps readers know how to find the right attorney for the job.   1 Comment

Zena Zumeta
Pioneer Series: Evaluative Approach - Video (5/22/14)
Zena Zumeta
Zena Zumeta explains the difficulties she sees with using an evaluative approach. However, she sees how it can be useful in a dispute where there is a power imbalance.

Leonard Riskin
Pioneer Series: Narrow v. Broad Problem Definition - Video (5/22/14)
Leonard Riskin
Leonard Riskin explains narrow and broad problem definitions by a giving an example of settling a case where there was a breech of a business contract. A narrow problem definition sees a legal process whereas a broad problem definition allows more room for thinking about other causes of the conflict.

Michael Lewis
Pioneer Series: Asking Questions Instead of Giving Opinions - Video (5/21/14)
Michael Lewis
Michael Lewis talks about argument prevention by asking questions instead of giving opinions within a discussion.

Nina Meierding
Nina Meierding: Culture and Gender Trailer - Video (5/20/14)
Nina Meierding
Internationally prominent trainer Nina Meierding shares with her class how to be culturally sensitive during mediation with non-verbal cues.

Peter Adler
Pioneer Series: Mediation and Leadership with Philosophies - Video (5/20/14)
Peter Adler
Peter Adler discusses mediation as a form of leadership. He also talks about his philosophy of when circumstance meets person: one can be a leader or a follower depending on their capabilities and values within that circumstance.

Robert Alm
Politics, Science and Collaboration (5/20/14)
Robert Alm
This article: “Politics, Science and Collaboration” by Robert Alm, Esq., President of the Collaborative Leader’s Network in Honolulu, Hawaii, is from Mr. Alm's keynote presentation at the first ever Joint Fact Finding Conference coordinated by Peter Adler on March 6, 2014.

Teresa Wakeen
Pioneer Series: Being Neutral is a Myth - Video (5/19/14)
Teresa Wakeen
Terry Wakeen explains that she believes being neutral is a myth. She still upholds her ethical duty, however, to not force her opinions and judgments on the parties.

Juliana Birkhoff
Pioneer Series: Mediation is a Field - Video (5/19/14)
Juliana Birkhoff
Juliana Birkhoff explains how her dissertation demonstrates mediation is in fact a field and that what is uniting among experienced mediators is the concept of power.

Frank Sander
Pioneer Series: The Three Phases of Alternative Dispute Resolution - Video (5/17/14)
Frank Sander
Frank Sander speaks of three phases he's noticed in ADR: the Pound Conference followed by ten years of experimentation. The next ten years was the incorporation and practice in law schools and court systems as well as discovering the weaknesses of the practice. The last ten years have been the institutionalization of the field.

John Paul Lederach
Pioneer Series: Conflict Management in Other Countries - Video (5/16/14)
John Paul Lederach
John Paul Lederach continues to describe in detail how he observed partiality as a resource, not an obstacle in Latin America and the Middle East. Partiality meant being part of the network, being an insider, and someone to be trusted.

Shannon Rios Paulsen
Parenting, Mediation, and Divorce: Meeting the Needs of Our Children (5/16/14)
Shannon Rios Paulsen
Children are a huge source of love in our lives; they can say one sentence, bring a huge smile to our face, and remind us of the innocence of childhood. Children all deserve that time of play, laughter, and fun as they grow up. This article addresses what parents and other loved ones can do for children before, during and after a divorce. You can take this information and pass it along or decide to be mentor or positive role model for the children yourself.

Michael Jacobs
From Problems to People (5/16/14)
Michael Jacobs
My starting assumption for this article is that the work we do is largely defined by the problems we face. To put it crudely, there's a world of difference between the problems faced by a meteorologist responsible for forecasting the local weather and the problems confronting a surgeon who must decide the best place for an initial incision. And both of these are very different from the mediator sitting with a separating couple locked in conflict.   3 Comments

Dr. Lynne C. Halem
Do Women Shy Away From Mediation? (5/16/14)
Dr. Lynne C. Halem
Women believe that mediation is something like a venus fly trap. The appearance is beguiling, but the results are deadly. In mediation, couples look at the well-being of the family unit, what it will take to forge new lives. A mediator’s responsibility is to make sure that women and men have the knowledge and the know-how to make intelligent choices, that both parties understand their options and opportunities.

Donald T. Saposnek
Pioneer Series: Transcending Mediation Models - Video (5/15/14)
Donald T. Saposnek
Don Saposnek describes how the different mediation models seem to blend together for an experienced mediator.

Peter Adler
A User's Guide to Joint Fact Finding — "JFF" (5/13/14)
Peter Adler
Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.   1 Comment

Keith Seat
Update on Home Foreclosure Mediation (5/12/14)
Keith Seat
This is another in a series of articles by Mediate.com News Editor, Keith Seat, updating readers on the development of foreclosure mediation in the United States.

Margaret Shaw
Pioneer Series: Teaching to Mediate - Video (5/11/14)
Margaret Shaw
Margaret Shaw describes an effective way of teaching mediation. It involves classroom learning as well as shadowing experienced mediators to gain an understanding of the sense of process and flow.

Evan Ash
The Paradox of Creativity with Compassion in Mediation (5/10/14)
Evan Ash
Turn the other cheek, give more than is required, respond to the need of another person, all these when you may be faced with pain and loss. Do crazy things like love your enemy, pray for them? The great mystery is the power that comes from the paradoxes of life.

Dane County Bar Association
Elder Care and Mediation - Video (5/10/14)
Dane County Bar Association
The Dane County Bar Association's Case Mediation Program has produced videos to help the public understand and use mediation in the dispute resolution process.

Ken Johnson
Workplace Violence - Part 2 (5/09/14)
Ken Johnson
From 9/11/2001 to 9/11/2013, approximately the same number of Americans died in the workplace due to violence as did American soldiers overseas fighting terrorists. Bullying, stress, domestic disputes, and other considerations account for this. Some researchers have suggested a new mental condition, similar to PSTD, called PTED, which workers may exhibit. Out of control catabolic (harmful) conflict poses a serious problem for both businesses and workers. This two-part series looks into this issue and suggests how ADR practitioners can work to better help businesses make the workplace safer and more productive.

Larry Gaughan
Roles of Religious Culture in Peaceful Settlements (5/09/14)
Larry Gaughan
The area that is now occupied by the United States has always been a place of multiculturalism and religious diversity. This was the case many generations before the arrival of the first undocumented immigrants coming from Spain, England, the Netherlands, and France. Those immigrants had long been preceded by hundreds of different native tribes of somewhat diverse ethnicity, often with different languages and religious practices.

Mary Aderibigbe
5 Steps for Resolving Conflict Within Your Marriage (5/07/14)
Mary Aderibigbe
Couples can resolve their grievances themselves through discussion. No marriage relationship is devoid of conflict, but if these challenges are properly managed, the marriage is strengthened. Couples should therefore show commitment to their relationships by working together to resolve problems.   1 Comment

Keith Seat
Legal Mediation News - May 2014 (5/07/14)
Keith Seat
This is another in a series of updates on legal mediation news in the United States by long-time Mediate.com News Editor, Keith Seat.

Linda Singer
Pioneer Series: Skills of Successful Mediators - Video (5/06/14)
Linda Singer
Linda Singer talks about how senior mediators achieve success: listening skills, gaining trust, discovering peoples' interests, spending the time with people, building relationships.


The Limelight Hypothesis, Part 2 (5/05/14)
Peter Adler, David Matz, Doug Thompson
Being an essay of opinions and observations on sundry issues related to the practice of negotiation; politics and electioneering; dickering over debt in the nation’s capital; Otto von Bismarck’s admonition about watching laws and sausages being made; a budding theory on the effect of constant attention-mongering from MSNBC, FOX News, and other bloggers, pundits, and blabbermouths; the creation of statutes, ordinances, rules, policies, regulations, and standards; and the making of hot dogs, chorizos, kielbasas, and bratwursts.

Laura Pearlman
State of Maine 2014 Report on Foreclosure Mediation Program (5/04/14)
Laura Pearlman
In 2009 the Maine Legislature established the Foreclosure Diversion Program (“FDP”) in the Maine Judicial Branch. It affords a valuable opportunity for homeowners and lenders to consider mutually beneficial alternatives to foreclosure. The FDP continues to see a high level of activity. In 2013, the FDP conducted 2,518 mediation sessions in 1,697 foreclosure cases. A total of 4,756 foreclosure cases were filed in Maine in 2013, an increase from the 4,339 cases filed in 2012.

Ken Johnson
Workplace Violence (5/02/14)
Ken Johnson
From 9/11/2001 to 9/11/2013, approximately the same amount of Americans died in the workplace due to violence as did American soldiers overseas fighting terrorists. Bullying, stress, domestic disputes, and other considerations account for this. Some researchers have suggested a new mental condition, similar to PSTD, called PTED which workers may exhibit. Out of control catabolic (harmful) conflict poses a serious problem for both businesses and workers. This two-part series looks into this issue and suggests how ADR practitioners can work with other various professionals to better help businesses make the workplace safer and more productive.

Michael Toebe
Mediated Prenuptial Agreements Benefit Couples and Mediators (5/02/14)
Michael Toebe
The romance might be lacking in the thought and decision making but there might be relational wisdom in pursuing mediated prenuptial agreements and valuable marketing awareness as a byproduct for mediators. Couples often spend significant time planning a wedding, buying a house and cars, financial planning and how to best raise children, so a question that begs asking is why don't most marrying partners plan for better outcomes in the event a marriage eventually dissolves?   1 Comment

Andres Vazquez
Parlamento Europeo - en Espanol (5/01/14)
Andres Vazquez
La mediación civil y mercantil todavía se utiliza en menos del 1% de los casos en la Unión Europea.

Keith Seat
International Mediation Developments - May 2014 (5/01/14)
Keith Seat
This is another in a series of articles on international mediation developments by long-time Mediate.com News Editor, Keith Seat.


The Limelight Hypothesis (4/28/14)
Peter Adler, David Matz, Doug Thompson
There is a Yiddish proverb that says God made man because he loves stories. The world is made of stories and good stories make the world. So here is a good story about negotiation.

Caroline Knorr
Guide to Negotiating Children's Internet Habits Between Shared Households (4/25/14)
Caroline Knorr
Different rules at different households makes life confusing for children. This article provides a guide for parents so they can have an objective standard for determining internet safety policies for their children.

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