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.
Joan B. Kelly, Ph.D.
Joan is an author, therapist, mediator, and parenting coordinator
with four decades of experience working with high conflict parents who are separating.
There is often nothing more important to a successful mediation than insightful summarization of the parties’ perspectives.
Michael P. Carbone
Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.
What is the common denominator in most organizational conflict? The leaders have not spent enough time and energy thinking about culture —that invisible glue
that holds organizations together and determines organizational effectiveness.
According to Alexa.com, Mediate.com is most visited and most linked mediation website.
Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable. It turns out that these same character traits may have other uses as well.
Nina Meierding, Jan Frankel Schau
Anyone who has ever been married will admit that men and women argue differently. It should be no surprise to learn that women and men negotiate differently as well.
Problem-solving and decision-making. Ask anyone in the workplace if these activities are part of their day and they answer 'Yes!' But how many of us have had training in problem-solving?
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.
Millions of men and women of all ages, ethnic, and racial backgrounds all
across the U.S. hate going to work, gradually fall into despair and often
become gravely ill. Some flee from jobs they used to love, others endure
the situation unable to figure a way out.
When you are speaking and someone is not paying attention, how do you feel? Annoyed, frustrated, discounted, rejected, anxious or angry? Such feelings usually make communication more difficult. So how can we show someone who is speaking that we really are paying attention to them?
What you have here is a brief synopsis of best practice strategies: a checklist of action items to think about before going into the conversation.
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
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?”
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.
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.
Workplace bullying is a growing international problem. It is more than a one-time incident. It is a pattern of behavior between a bully and another worker which can demoralize, isolate and trigger illness in the target of the bully.
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.
Lee Jay Berman
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.
Richard J. Roberts
Behavioral scientists have conducted numerous experimental studies on the emotions of anger and fear. However, despite volumes of data, most of them have missed the key element in the relationship between the two emotional states: anger almost always masks fear (or some sort of “weaker,” more vulnerable emotion, such as anxiety, shame, guilt, helplessness, or grief).
Stanford School of Business
This is an instructional video produced by the Stanford School of Business. It covers the process of negotiation by Joel Peterson.
Gregg Relyea, Roy Cheng
This article examines the challenges experienced by lawyers who are training to become mediators. Many of these challenges stem from deeply ingrained perspectives associated with legal training and experience.
There is no magic pill but there is a prescription to change behavior in others. It takes time and patience to cure such negative characteristics, and it doesn’t help to ignore the problem behavior or respond likewise or criticize rather than cure or just brand someone as a problem and be the psychiatrist to their craziness. We can work to prevent unproductive and negative behavior that leads to conflict.
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Many mediators have been trained solely in a Western-style model of mediation with Western-style tools in their “toolboxes.” Even the theoretical constructs of ADR often reflect a Western model that is not always respectful of culturally diverse concepts.