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Online Dispute Resolution Articles
- Do You Tell Your Mediation Clients About Neuroscience? A Poll At Brains On Purpose
- Trial Lawyers' Dilemma Similar To Mediation Advocates' Dilemma: Making The Initial Demand
- Texas Supreme Court Compels Arbitration Of Employment Discrimination Claims
- The Why’s Have It: Teaching Curiosity For Effective Negotiation And Mediation
- 9 Year Old Mediator Could Teach Us All Something
- Why Do You Think They Call Them "War" Stories? A Meditation On Mediation Ethics
- Real-Time Online Video Meetings
- To Avoid A Claim For Malpractice, California Court Says Keep Your Mediator Present At All Times
- Intuition Or Counter-Intuition?
- Carrie Prejean And Mediation Confidentiality
- Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown
- Prejean, Larry King And Hard Facts Making Bad Mediation Confidentiality Law
- The Death Of The Cookie-Cutter Mediator Is Nigh
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Ralph Waldo Emerson
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More What's New
Nobody Does It Better: An Interview with Diane Levin (3/10/08)
Gini Nelson This is an interview by Gini Nelson of Diane Levin. Diane Levin publishes the award-winning blog, Mediation Channel, which explores conflict resolution, negotiation, and the law, together with the social and cultural influences that shape them. It also regularly features articles on mediation, in particular the training and credentialing of mediators, and examines the intersection of law, justice, and ADR. Mediation Channel has been designated a “Featured Blog” at Mediate.com and attracts regular readers from throughout the world.
Cybersettle Makes The Case For Resolving Disputes Online (2/27/08)
Diane J. Levin Richard Susskind, digital technology expert and legal visionary, once said, “The best way to predict the future is to invent it.”
That’s exactly what Charles Brofman did. He invented the future.
Brofman, a former trial lawyer, is the co-founder of Cybersettle, the world’s leading online claim settlement company. Cybersettle makes use of what is known as online dispute resolution (ODR), a kind of dispute resolution process that utilizes digital technology to settle...
Head of U.S. Office of ADR Services describes benefits of online dispute resolution (2/19/08)
Diane J. Levin In an interview with Government Computer News, Daniel Rainey, Director of the Office of Alternative Dispute Resolution Services for the U.S. National Mediation Board, makes the case for online dispute resolution (ODR).
Rainey, an internationally recognized authority on ODR, explains how collaborative technology can be used to resolve disputes successfully while saving time and money, as well as to promote online brainstorming and negotiation, streamline the intake process, and facilitate the...
Simplify How You Handle Email Inquiries (11/20/07)
Tammy Lenski A side effect of a thriving mediation practice is an increase in email inquiries, especially when you have a healthy web presence as part of your marketing strategy. I’ve seen my email inquiries triple in the last year and the increase shows no sign of abating…nor do I want it to!
But the increase made me realize that typing responses fresh each time was a monumental misuse of my time. So when I hired a VA in 2006, one of my first projects was getting her help in creating a series...
Using Email In Couples Counselling (11/20/07)
Colin Rule Great new article from ADR pioneer David Hoffman on Mediate.com today. From the conclusion: "Because email is such a new medium {...}the techniques for successful communication via computer may be less intuitive and require more conscious attention...
Experience suggests that there is considerable potential in email communications for both misunderstanding and enhanced understanding. As Collaborative Practitioners, we have the added benefit of working on cases with colleagues who join ...
Communicating Collaboratively in Cyberspace: What Couples Counselors Can Teach Dispute Resolvers About Email (11/19/07)
David A. Hoffman Mediators and Collaborative Practice (“CP”) professionals receive training in communication skills, but that training typically involves in-person communications. In a world where email is beginning to replace much of our face-to-face and telephonic communication, there is a need for training that addresses email communications. The purpose of this article is to begin to fill that void in training by examining some of the ways in which e-mail communication differs from other types of communication. In addition, the article will explore the lessons we can learn from mental health professionals about how to communicate more effectively using electronic media.
Who searches the internet for information about mediation? (11/13/07)
John Windmueller Microsoft has an intriguing tool in development that predicts the demographics of different search phrases. For example, what are the predicted demographics of folks searching for the term mediation?
Here’s what the tool reports:
And here’s how the demographics compare between those searching for “attorney” versus those searching for “mediator”:
The data that fuels the prediction comes from MSN Search statistics. In addition to giving the predicted...
The Online Media Workshop Highlights, ACR Phoenix 2007 (11/06/07)
Gini Nelson Here are my notes for the presentation I made last Thursday at the ACR conference — just notes; you’ll have to go to the links for more information. (Oh, and I must confess that I may not recall all that we talked about, because we had a very lively, interactive discussion!)
October 2007 ACR/Phoenix Wikis and Podcasts and Blogs, Oh My! HIGHLIGHTS
Gini Nelson, MA, JD
This isn’t a “how to”, so much as an overview of some of what I have tried in the past 1 and 1/2 years (and I ...
Jim Melamed is 2007 Recipient of ACR John Haynes Distinguished Mediator Award: A Tribute and Lament on the Field of Mediation (10/23/07)
Robert Benjamin Writing this tribute to Jim Melamed is an honor, even if a troubling one. On the one hand, there could not be a more fitting recipient for this particular award, named for John Haynes, than Jim Melamed, the CEO and co-founder with John Helie of
Mediate.com. The work for which both the recipient and the namesake of this award are known highlights what has been most compelling and important about the field of conflict mediation. On the other hand, this award can also not help but highlight the ebbing of the energy that first gave rise to mediation practice and a falling away from some of the first principles. What John Haynes was, and Jim Melamed continues to be, is a tireless entrepreneur doing the critically important work of selling mediation in a culture that does not exactly welcome the idea of negotiating differences with open arms.
(10/17/07)
Keith Seat
Seeking to mediate high volumes of personal injury claims by telephone, London’s InterResolve Group has completed a six-month pilot project with AXA Insurance. With mediations typically lasting less than an hour for both liability and damages issues, InterResolve reports an 88% settlement rate and an average cost of £175 per party. Matters were resolved in an average of seven weeks with mediation, compared to 18 months using existing claims processes.
Legal & Medical (October 8, 2007); InterResolve
Misinterpreting Email Communications (10/16/07)
Colin Rule Daniel Goleman in the 10/7 NYT: "We were having an e-mail exchange about some crucial detail involving publishing rights, which I thought was being worked out well. Then she wrote: “It’s difficult to have this conversation by e-mail. I sound strident and you sound exasperated.”
At first I was surprised to hear I had sounded exasperated. But once she identified this snag in our communications, I realized that something had really been off. So we had a phone call that cleared everything...
Disputes Growing In Virtual Worlds (10/16/07)
Colin Rule The Business Shrink, October 10th, 2007: "With virtual world’s forming into the next big thing on the horizon, the real world is starting to play catch up. Traffic stats are increasing and the money pouring into virtual worlds is starting to translate into real world money that cannot be ignored. Just recently a report was released by Screencast.com, a business research and intelligence gathering company, that listed subscription sales for online virtual worlds rising to $526,000,000 in the US ...
Cyberweek 2007's Free Online Conference, October 15 to 19 (10/01/07)
Gini Nelson The University of Massachusetts at Amhearst National Center for Technology and Dispute Resolution (NCTDR) has announced Cyberweek 2007, a week-long, all online, free conference on all things online dispute resolution. Details and links for registration are at the end of this post.
I’m especially excited about a panel I’m setting up right now for John DeBruyn, the “go to guy” up in Denver, CO on spreading the word on innovative use of online tools for dispute resolution, ...
Nuevas Tecnologías de Información y Comunicación aplicadas a la Resolución de Conflictos (9/24/07)
Alberto Elisavetsky Nuestro siglo nos presenta permanentemente situaciones paradójicas.
La Globalización puede lograr que los avatares económicos de Gambia tengan decidida influencia en Bolivia, pese a que crecen y se multiplican los medios de comunicación, cada vez las personas se sienten más solas.
La fragmentación del saber llega hasta límites tan increíbles que el grado de sofisticación en las especialidades parece no tener fin y a veces se pierde la noción del todo por el imperio de las partes.
More on dispute resolution in Second Life (9/23/07)
Geoff Sharp Continuing the series on DR in Second Life...The people behind Second Life, Linden Lab, have announced today that from hereon in a dispute resolution known as “binding non-appearance-based arbitration” is available for disputes of less than $10,000.00 between Linden Lab and the Residents in Second Life.They describe it as "... a legally binding procedure administered by a private organization. This means that the arbitrator’s opinion on liability and damages may be entered as...
Fellow Mediators, Help Promote Respectful Communication Online (8/06/07)
Tammy Lenski If you read ACResolution, ACR’s quarterly magazine, then you may already know about RespectPledge.org, a creation of the National Center for Technology and Dispute Resolution at UMass-Amherst.
The genesis of RespectPledge was a series of frightening, anonymous threats made to prominent blogger Kathy Sierra, which ultimately left her living in so much fear she stopped blogging and may never return. Kathy’s awful experience was the fodder for much debate and conversation in...
Man vs. Machine: Automated On-Line Negotiated Settlements (8/06/07)
Victoria Pynchon (left: Hal from 2001, a Space Odyssey -- Open the pod bay doors, HAL. I'm sorry Dave, I'm afraid I can't do that . . . I think you know what the problem is just as well as I do. . . This mission is too important for me to allow you to jeopardize it. . . . I know you and Frank were planning to disconnect me, and I'm afraid that's something I cannot allow to happen. All right, HAL; I'll go in through the emergency airlock. Without your space helmet, Dave,...
Let's kill all the lawyers: web-based negotiation platform seeks to revolutionize the creation of contracts (8/06/07)
Diane J. Levin Negonation, a Spanish start-up, has launched Tractis, a web-based platform to revolutionize the negotiation, management, and execution of contracts in e-commerce.But it's not just about helping business get done. Negonation's goal for Tractis is far more ambitious:Our goal is to provide a way to make online borderless justice possible. Yeah, you heard us right. We want to develop a new legal system that overcomes the inefficiencies, complexities, injustices and sluggishness of traditional legal ...
ScanR For Mediators (7/02/07)
Geoff Sharp In June last year I smugly posted of my exploits late at night when we didn't have the energy to write up a settlement agreement - I whipped out my camera phone and emailed a photo of the completed board to all at the table as a record of where we got to - yeah I know, risky - but needs must, and it worked.Well, if you need proof that 12 months is a long time on the net, take a look at a free service called scanR - it's tailor made for mediators and facilitators and anyone else working with...
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