5/24: Mediation – the way forward for resolving Hull Insurance Claim Disputes read 5/24: Mediation may be sought to advance Lake Berryessa resorts read 5/24: Double mediation ordered for divorce read 5/24: Oregon Lawmakers approve $7.6 million for foreclosure mediation program and enforcement read 5/24: Mediation plays vital role in preventing conflicts, settling disputes – UN read 5/24: Mediation is still 'best option' in sea spat read 5/24: When does an arbitration agreement extend to third parties? read 5/24: Brokerage Firm Goes All In But Loses High Stakes Employment Arbitration Poker Game read 5/24: NY Times: The Advantages of Arbitration read 5/24: Dow Announces $2.16 Billion Award in K-Dow Arbitration read read all
Life would be infinitely happier if we could only be born at the age of eighty and gradually approach eighteen. Mark Twain
What's New
Keys to Successful Mediation: Understanding Brain Wiring and the Complex Listening Dynamic (5/20/12) Gloria Vanderhorst, Ellen Kandell Shifting your clients from positional, competitive mindsets to more
cooperative and collaborative thinking where creative and mutually
beneficial solutions can be generated is the goal of most dispute resolution
professionals. This article explores some of the brain's structure and
functions and how they contribute to the natural competitive and
collaborative instincts that operate simultaneously.
The Truth About Deception In Mediation (5/17/12) Jeffrey Krivis Now that the court system has institutionalized the use of mediation in virtually all civil proceedings, trial lawyers are paying closer attention to their negotiation skills. While those skills involve less structured behavior than presenting a case to a jury, they nonetheless involve one common strategy that even the most skilled practitioners refuse to acknowledge: deception.
On Negotiation, Extremism and History - Book Review of Brown's and Marriott's ADR Principles and Practice (5/07/12) Robert Benjamin The conflict terrain of the last 30 years is an important backdrop to a complete appreciation of ADR Principles and Practice, Third Edition, by Henry Brown and Arthur Marriott, published by Sweet and Maxwell in 2011. The authors, both from the United Kingdom, demonstrate an appreciation for the vagaries of history and gritty realities of mediation, arbitration and conflict management practice garnered from many years of life and professional experience.
The Mediator’s Toolkit – Neutrality and the Mediator (4/23/12) Dave Aschaiek Neutrality applies to a mediator’s impartiality and refers to the idea that a mediator should not take sides in a dispute or voice an opinion about who is right or wrong in a dispute. While it is critical for a mediator to be impartial, two items must first be examined.
Ten Common Negotiation Mistakes (4/23/12) Nancy Hudgins Harvard Business School professors Deepak Malhotra and Max Bazerman wrote one of my favorite negotiation books: Negotiation Genius. There are many powerful negotiation strategies in this book. They also point out seven common mistakes that negotiators make.
The Mediator as Healer? (4/17/12) Nigel Singer I have been a mediator for years, but only recently have I been toying with the idea that my role is a healer. This is a transition for me and an ongoing process. I am working through this concept and how it affects my identity. I also wonder how it changes my approach to my clients. 1 Comment
The Role of Imagination and Mediation (4/09/12) Milan Slama Before you start the mediation process, you are already making some assessments. You imagine what kind of issues might occur. You imagine what kind of behavior you will have to deal with when it comes to interactions between parties. You picture their backgrounds and the environments they grew up in. As you go along you try to imagine their working environment, their personalities, and how they might act under various circumstances. To make it simple, you, the mediator, must do a lot of imagining.
Embedding Mediation in South African Justice (3/26/12) Jacques Joubert This is a perspective on the future of mediation in South Africa. It discusses the flaws and benefits of the current system, as well as anticipated developments in the future.
The State of Community Mediation (3/19/12) Justin Corbett The National Association for Community Mediation (NAFCM) has released its much-anticipated new report: The State of Community Mediation. This fieldwide assessment is the most comprehensive in nearly a decade, and includes many never-before reported statistics detailing the size, scope, and impact of the the community practice area.
The Walk From "No" to "Yes" (Video) (3/09/12) William Ury William Ury, author of "Getting to Yes," offers an elegant, simple (but not easy) way to create agreement in even the most difficult situations -- from family conflict to, perhaps, the Middle East.
Moving Towards Better Dialogue? (2/27/12) John Sturrock There is little doubt that the win-lose, black-white paradigm is costly, in money, time, opportunity and dignity. It denies the obvious fact that life is complex, that most people are trying their best in difficult circumstances and that creativity, imagination and compassion are more likely to achieve better outcomes than zero-sum games where there are often only losers.
Tips for New Mediators (2/19/12) Paul Stenzel A mediator who can remember what it was like to be a newer mediator offers some tips for new mediators. It is difficult beginning any career, and mediation offers some unique challenges. 2 Comments
Distinguishing Between Accommodating and Avoiding (2/13/12) Ralph Kilmann People often ask me to spell out the difference between accommodating and avoiding. Or, as some say, “Isn’t accommodating also an easy way to avoid, since you can quickly remove yourself from the situation by giving in to the other person? What’s the difference?”
The Anti-Antagonist: Notes from a Roadtrip -- Conflict and Change (11/28/11) Ann Begler The events of the trip have given me pause to think, once again, about something at the heart of the work for every mediator, conflict coach and, for that matter, lawyer: we are working with clients who are typically at a point of dramatic change in their lives. And, change is easier for some than others.
Hidden Gifts: What Aikido Can Teach Us About Conflict (11/28/11) Judy Ringer Conflict stories are our most interesting stories. When you see two people deeply engaged in conversation, chances are that one of them is telling a conflict story. They’re fascinating. And we have such strong opinions about them, especially when they are our stories. We live them again and again as we revisit the events, the feelings, the thoughts about what we should have said, and how perfect things could be if only our adversaries would change. 2 Comments
Mediation, Compromises Save 2011-2012 NFL Season (11/21/11) Michael Finkelstein This summer's NFL player lockout and mediation drew continuing and extensive media coverage. The article shows how external and internal pressures brought about changes in respective bargaining power, and how these changes brought an end to the dispute and resulted in a settlement. What did each side compromise during mediation? And what did the final agreement consist of?
Relative Effectiveness of Mediators and Attorney-Mediators in a Court Annexed Mediation Program (9/26/11) Jim Lingl Are attorney-mediators more effective than non-attorney mediators in resolving cases that are already in the court system? In order to provide insight into that question, and propose some answers, a 2009 study looked at all civil cases assigned to mandatory mediation by the Ventura County, California, Superior Court between January 1, 2005 and December 31, 2008. 2 Comments
Beyond Adjudication: Resolving International Resource Disputes in an Era of Climate Change (9/26/11) Anna Spain Climate change is one of the greatest emerging threats to global peace and security. Among other impacts, climate change will exacerbate the scarcity of water, food, and other natural resources essential to human survival. One concern is that as these resources become scarcer, the frequency and severity of international disputes will increase. Thus, developing effective means for resolving international resource disputes is of critical global importance.
Making Hot Dogs (8/29/11) Peter Adler If you like negotiation -- doing it, helping others do it, teaching it, studying it, thinking about it – I hope you paid close attention to the recent beltway debt deal and didn’t avert your eyes. If you watched, you might, depending on your political predilections, have come away with a few conclusions. 2 Comments
Gov. Cuomo’s Excellent Negotiation: A Lesson from the Real World (7/01/11) Robert Benjamin While most of the attention on the recent passage of the New York Marriage Equality Act is understandably on the legal, political, social policy, and civil rights implications, the opportunity to study the negotiation process marshaled by Governor Andrew Cuomo should not be missed, especially by those who study and practice negotiation, mediation and conflict management. Cuomo’s negotiation success was less the result of reasoned persuasion and more about his strategic, flexible and effective management of people and circumstance, many of which were unexpected and predictably irrational.
Obama and the Middle East - A Mediator's Perspective (6/13/11) Denise Tamir In a sense, Obama holds himself out as a neutral, purporting to facilitate the Middle East peace talks as an outsider. When evaluating Obama's recent conduct using mediation methodology, however, Obama shows that he is anything but neutral. 2 Comments
Replace TSA John Pistole? (3/06/11) Christopher C. Cooper TSA screeners must have a toolbox full interpersonal conflict resolution skills. Their leader, Pistole, should lead by example. It seems to me that the best person to head the TSA is a seasoned street cop who knows the value of negotiation.
