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Video:
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Online Dispute Resolution Becoming Default System for ADR
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Growing Popularity of Mediation in Court System
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Mediation within Socially Unjust Systems
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Dealing with Different Value Systems
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Importance of Teaching Transparency Through Training and Systems Design
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Frustrations with Legal System Led to Mediation
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Teaching Conflict Resolution in Universities Vs. Schools
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Biggest Fear: Creating Legislation that Harms Mediation Field
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Motivation to Mediate: Participatory Democracy
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ADR Field More Common, Though Still Resistance
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Articles:
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Whole System Change: The Future Search Conference
The Future Search Conference is one of several collaborative planning methods that take a “whole system” approach. These processes try to replace shelf-bound plans with agendas for action that are developed collaboratively in the course of intensive large-group meetings. |
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Kamikaze Conflict – How Might It Damage Your Franchise System?
This article considers the circumstances in which business franchise disputes can turn toxic. The complex nature of the relationship between franchisee and franchisor, which involves instances both of common and of competing interests, can lead to parties in conflict acting in ways which are detrimental to their own business interests in an effort to damage the interests of their franchise partner. We refer to this as 'kamikaze conflict' and explore what steps might be taken by franchisors in particular to anticipate and address such difficulties. |
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The Privatizing of our Civil Justice System (and the insidious corruption of ADR)
When you are fully immersed in mediation every day, it's easy to underestimate how strongly some people feel about it - take for example Harvard Law School's Peter Murray and his acerbic piece, The Privatization of Civil Justice that was published in the summer edition of the American Judicature Society's Judicature magazine.No free full text link but as best I can, and mindful of tripping that copyright wire, I want to give you the flavour of it;First, Professor Murray traverses the usual... |
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Negotiating Justice: Are Mediators Corrupting the Legal System?
Check out Geoff Sharp's review of Harvard Law School Professor Peter Murray's article The Privatization of Civil Justice recently published in the summer issue of Judicature magazine. The bottom line? because mediators are people we must naturally place our own self-interest above that of the people we serve; and, because insurance companies are ADR "repeat players," we mediators will naturally favor them because . ... |
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Alternative Dispute Resolution: Alternative to the Legal System, Not Just to Court
Attorney and non-attorney alternative dispute resolution practitioners squabble over who is more suited to apply their non-adversarial dispute-resolution skills to cases already pending in the legal system.? Instead, these practitioners should work together to promote dispute resolution outside the legal system.? This article proposes means by which practitioners of alternative dispute resolution can create in the public mind an awareness that viable alternatives exist. |
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Conflict Revolution: Mediating Evil, War, Injustice And Terrorism By Dr. Kenneth Cloke
I spent my day Saturday at the annual convention of the Southern California Mediation Association (kudos to attorney-mediator Phyllis Pollack for a fabulous conference!) Ken Cloke spoke eloquently on conflict systems and what mediators can do to "save the planet." I took his presentation (characteristically and densely verbal) and added images to break up the text hoping that Ken won't mind supplementing the English language with pictures). |
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The Future Of Conflict Resolution: Preaching To The Choir Or Negotiating With Tea Partiers?
I often find myself wishing I lived in California, if only to be able to regularly attend the magnificent events the Southern California Mediation Association plans and presents each year. These programs showcase the talents and intellectual achievements of some of the greatest thinkers and leaders that the field of conflict resolution can boast. |
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Conflict Management Coaching at the Transportation Security Administration
In 2003, the Transportation Security Administration, (TSA), an agency of the U.S. Department of Homeland Security, initiated the development of an Integrated Conflict Management System (ICMS), as part of an innovative Model Workplace Program. A Conflict Management Coaching Program (CMCP) emerged early on as one of the many unique service delivery components of this ICMS. This article discusses how this innovative program was designed and addresses how the CMCP has emerged as an integral component of TSA’s ICMS. |
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Guest Blogger: D.A. Graham, Princeton Ombudsman
Please enjoy the following submission as the first installment of the 2009 Guest Blogger series. D.A. Graham is the ombudsman from Princeton University. |
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ACRG-NY July Recap: World Bank’s Office of Mediation Services
For those who miss the monthly NYC-DR Roundtable Breakfast meetings sponsored by ACRGNY and John Jay College due to schedules (yes, we are all very busy conflict resolvers) or due to locations (I guess everyone can not be in New York City), I plan to write a recap of each gathering I attend. I hope you enjoy, and feedback is always welcome! |
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Ombudsman ADR: The 6 C’s Of Sociocratic Peace Building
The 6 C's; communication, complaint, cooperation, consensus, consent and coordination act as mental milestones for facilitators and mediators in group oriented conflict management scenarios. Increasingly the Sociocratic process of self governance is gaining popularity in all sizes and types of groups in North America and is becoming the preferred structure for processing issues, disputes and complaints. The 6 C's support this process between small to very large groups. |
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The Culture in the Code
In the United States, alternative dispute resolution (ADR) has become a routine, and sometimes even a dominant force in the resolution of disputes that traditionally would have gone through some formal, legal process. One observation from the United States will probably serve to make the point. The American Bar Association (ABA), the premier professional association for attorneys in the United States, now has as its largest interest group the Section on Dispute Resolution – a group within the ABA dedicated to dispute resolution outside the formal legal system. |
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Contextualizing Disruptive Behavior in Health Care as a Conflict Management Challenge
Disruptive physician behavior has been defined by the American Medical Association as “personal conduct, whether verbal or physical, that affects or that potentially may affect patient care negatively.” It is assumed that disruptive behavior by health care workers impacts quality of care and patient safety. How best to respond to disruptive behavior is less clear. This article explores the utility in framing disruptive behavior as a conflict management systems challenge. |
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Promoción de Derechos Sociales, Resolución Pacífica de Conflictos y el proceso de Resiliencia en Niños, Niñas y Adolescentes. Experiencias para compartir
Es de relevancia dirigir, a la hora de poner en marcha un programa preventivo, todos los esfuerzos para que el mismo sea hecho con la comunidad y no para la comunidad; vale decir, es vital (al éxito que buscamos) que se comprendan los códigos y mecanismos que actúan a niveles individuales y comunitarios. |
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Primer decenio de la conciliacion extrajudicial en el Peru, problemas y propuestas de cambio
La conciliación extrajudicial es un medio de solución de conflictos, por el cual un tercero neutral e imparcial denominado Conciliador Extrajudicial asiste a las partes a encontrar su propia solución a sus conflictos que es mas humana, saludable, justa, durable, mutuamente satisfactoria y con el mismo valor de sentencia inapelable, es una poderosa herramienta de tercera generación para solucionar conflictos. |
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