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Blog Postings
of the Week

06/29/09
  • Friday News Round Up
  • UDR: An Introduction To Unconventional Dispute Resolution
  • Negotiating God: A Sunday Reflection
  • By Popular Demand
  • 5 Powerful Interests That Influence What People Buy
  • The Dilemma Of Confidential Information
  • Why Use Metaphors In Conflicts? Because Understanding Is Remembering In Disguise
  • Real World Example — Negotiating a Dismissal
  • Put Conflict Resolution On The Climate Change Conference Agenda
  • Selective Perception
  • Transformative Mediation Misunderstood
  • Mediation Credentialing: What About Mediation Trainers?
  • Taking Escalates More Than Giving De-Escalates — How That Affects Mediation And Negotiation

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Tact is the ability to describe others as they see themselves.
Abraham Lincoln

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xxVictoria Pynchon
Negotiating God: A Sunday Reflection (6/29/09)
Victoria Pynchon
According to Robert Wright in The Evolution of God (reviewed in todays NYT Book Review by Paul Bloom) "God has mellowed" from a capricious tyrant into non-zero-sum playing diety. This is good news for mediators and anyone else in search of a better paradigm for conflict resolution than the 16th century adversarial system.

xxJeff Thompson
The Mindful Mediator (5/11/09)
Jeff Thompson
After a very long three days working with His Holiness the Dalai Lama here in New York City, it was great to see the term 'mindfulness' popping up in the ADR/mediation blogging community.


Mindful Mediation (5/04/09)
Nancy Hudgins, Debra Synovec
Last weekend approximately 250 mediators, arbitrators, lawyers and conflict resolution professionals gathered at the 16th Annual Northwest Dispute Resolution Conference in Seattle, Washington. So how was it? Exceptional as always! Mingling with colleagues and friends, catching up on new happenings in the ADR community is always inspiring, but what I noticed most this year was how many of the workshops focused on…or at least brought up “mindfulness”.

xxArnold W. Zeman
Empathy, Apology and Forgiveness (4/06/09)
Arnold W. Zeman
One of the ‘founder generation’ of transformative mediation, Dorothy J. Della Noce, has published an interesting piece on apology in the first issue of the Dutch journal, ConflictInzicht magazine. It’s largely based on research by Seiji Takaku, a report of which appeared in the Journal of Social Psychology, 141(4), 494-508 under the title, “The effects of apology and perspective taking on interpersonal forgiveness: A dissonance-attribution model of interpersonal forgiveness.”

xxDeborah Sword
The Mind Of A Mediator (3/31/09)
Deborah Sword
We practitioners talk about many aspects of what goes on in mediation. Studies point to best practices, and we research and write about our experiences. We love to reflect on and share our mediation stories. From being retained to drafting any settlement agreement, we relish the details our conflict resolution practices. However, not much has been said about our in-the-moment thought and decision-making processes. Our love of conflict resolution analyses has not translated into writing about that moment of tension in which, with all parties’ eyes on us, we decide what to say or do next.   3 Comments

xxKenneth Cloke
Mediation And Meditation: The Deeper Middle Way (3/16/09)
Kenneth Cloke
Conflict is everywhere, not only between human beings, but throughout nature, from quantum mechanical particles to dark energy and the soap bubble structure of galactic superclusters. Nonetheless, we each take our conflicts personally, and far from being happy or grateful to our enemies, we often allow ourselves to be thrown off balance and drawn into unpleasant ideas, negative emotions, and destructive behaviors.   1 Comment


Spiritual Fatigue In Mediation (2/23/09)
Jeffrey Krivis, Mariam Zadeh
In the recent edition of the Journal of Dispute Resolution, Magistrate Judge Wayne Brazil writes about how “spiritual fatigue” can affect seasoned mediators. His thesis is that staying centered emotionally and behaviorally in core purposes and principles of mediation can lower the level of psychic strain that this work can impose on mediators and can serve as a significant source of renewable professional energy.

xxLarry Susskind
Governing Communities Of Faith (2/09/09)
Larry Susskind
One response I often get to the idea of a taking a consensus building approach to governance is that it won't work because people with conflicting values and interests can't possibly reach agreement through informal conversation. The only way to settle their differences (peacefully), or so the argument goes, is to let the majority rule. While I don't agree, what possible reason, then, could there be for communities-of-faith (i.e. groups associated with particular temples, parishes, or churches) to operate by majority voting? They are, by definition, groups that share common values and interests.

xxKenneth Cloke
Bringing Oxytocin Into The Room: Notes On The Neurophysiology Of Conflict (1/19/09)
Kenneth Cloke
To explain the etiology of conflict therefore requires us to gain a deeper understanding of how the brain responds to conflict. This should clearly include the ways distrusting personalities are formed, even among primates; the sources of aggressive character traits and the “fight or flight” reflex; the wellsprings of spiritual malaise and hostile gut reactions; and the neurological foundations of forgiveness, open-heartedness, empathy, insight, intuition, learning, wisdom, and willingness to change.   5 Comments

xxBarry Goldman
Medicine and ADR (1/12/09)
Barry Goldman
Some people will tell you that a scientific understanding of dispute resolution is impossible. Human beings are just too complicated, they will say, or there are just too many variables. This is nonsense. It is the argument always raised by witch doctors when their livelihood is threatened by scientific medicine.

xxLuis Miguel Diaz
Mediated More Than Mediator And Mediation (1/06/09)
Luis Miguel Diaz
This composition was triggered by Barry Goldman’s article: Not even wrong. He believes that in ADR we are making the same mistake that medicine did for centuries. The mistake is the excessive preoccupation for the spiritual purity of the facilitator. Goldman wrote about the evolution of medicine: the belief in the necessity of ritual purity delayed for centuries the discovery of antisepsis.

xxArnold W. Zeman
ADR And Mindflness (12/14/08)
Arnold W. Zeman
Barry Goldman is sad about the state of ADR. He quotes with disapproval from Bowling and Hoffman,Bringing Peace into the Room: The Personal Qualities of the Mediator and Their Impact on the Mediation.

xxBarry Goldman
Not Even Wrong (12/08/08)
Barry Goldman
The physicist Wolfgang Pauli…would sometimes exclaim "wrong" (falsch) or "completely wrong" (ganz falsch) when he disagreed with someone. Near the end of his life, when asked his opinion of an article by a young physicist, he sadly said "it is not even wrong" (das is nicht einmal falsch). I get the same sad feeling as I survey the state of ADR. I'm afraid that for many of the most respected writers in the field being wrong would be an improvement.   6 Comments

xxLester L. Adams
Congregation Conflict Resolution: The Member’s Role (12/01/08)
Lester L. Adams
To you who are congregation members. You may not see yourself as a mediator or think that you have the skills to facilitate discussion, but I believe that God has ordained for you to play a vital role in helping your congregation address and resolve some of the terrible conflict that is hurting (and may be destroying) you. You have within you the ability to help your congregation set and establish an atmosphere where the resolution of disagreements and the end of strife becomes more likely than it is today. My hope is that you see it through this article, and begin to walk it out in your life.   4 Comments

xxKenneth Cloke
Building Bridges Between Psychology And Conflict Resolution – Implications For Mediator Learning (10/21/08)
Kenneth Cloke
While it is, of course, both necessary and vital that we recognize the key differences between the professions of psychology and conflict resolution, it is more necessary and vital, especially in these times, that we recognize their essential similarities, collaborate in developing creative new techniques, and invite them to learn as much as they can from each other.

xxStephanie West Allen
A must-watch interview of law professor, mediator, and meditator Leonard Riskin (9/10/08)
Stephanie West Allen
In this video, Professor Len Riskin gives three examples of moving from the reactive brain to the reflective mind during conflict.The interview was filmed as part of a Cutting Edge Law project. (I posted about Cutting Edge Law in July at idealawg.)

xxWilliam S. Harralson
To Become Whole Again: Grace And Mercy In Mediation (9/08/08)
William S. Harralson
This essay briefly examines Judeo-Christian conceptions of grace and mercy and the positive implications for the lives of disputants. Mediators are in a unique position to encourage individuals, under certain circumstances, to demonstrate grace and mercy towards their adversaries in order to facilitate reconciliation.

xxDiane J. Levin
Whatever happened to thank you? Thoughts on gratitude (7/29/08)
Diane J. Levin
Several months ago, a former student of mine, about to sit for the bar, asked me to write for him the letter of recommendation his application package required. Although at that time my schedule was hectic, I was happy to do so and accommodated his request, completing the letter and mailing it off to him well in advance of the bar deadline. I emailed him to let him know it was on its way. Several weeks passed, and I heard nothing at all from my former student — not an email or phone...

xxColin Rule
A Universal Language (7/29/08)
Colin Rule
Jeff Goldfien in the ADRNC Newsletter: "I was struck by a statement by Senator Obama, reported in the press yesterday, responding to an accusation by conservative Christian leader James Dobson that Obama was distorting the message of the both the bible and the constitution in his discussions and entreaties to various religious groups and leaders... Sara Kugler of the Associated Press reported that, "Speaking to reporters on his campaign plane before landing in Los Angeles, Obama said the...

xxGeoff Sharp
The Future of ADR: Professionalization, Spirituality, and the Internet (7/29/08)
Geoff Sharp
In this summer's ABA Dispute Resolution Magazine just out, mediation visionary David Hoffman takes the long view of our collective future in an article titled The Future of ADR: Professionalization, Spirituality, and the Internet.His conclusion?'The challenges – both the problems and the opportunities – that lie ahead are formidable and exhilarating. Are these challenges related? I think they are. The computer operating systems that have become a dominant feature of our lives and an ...

xxLester L. Adams
Congregational Conflict: Preparation For Resolution (6/23/08)
Lester L. Adams
Everyone who is either trying to resolve conflict in his own life, or assisting others with settling their differences is looking for ways to become better at this. When I studied the way that Jesus dealt with conflict, I saw how he got people better prepared to resolve their disputes. I want to share with you some of the insight I saw in his life and ministry in this article.   3 Comments

xxLeo Hura
Christian With Muslim Religous Dialogue (4/14/08)
Leo Hura
Discussion about the need for Religious dialogue between the different faiths has become ubiquitous. There are many examples, one being, “Diplomacy in an Age of Faith”, by Thomas F. Far who argues “the United States has failed to understand the global resurgence of religiosity.” Can mediators fail to be involved?

xxEva Zimet
The Bystander (2/18/08)
Eva Zimet
The folks at the Orange County Domestic and Sexual Violence Task Force in Vermont dedicate their efforts to prevention, intervention and healing of abuse – specifically, domestic violence and substance abuse, but any kind will do. Safeline, Inc. and SafeArt are two more organizations in Vermont that serve the same community, for the same purpose. In short, their mission might be described like this: secrets can be fatal, let’s see if we can get there first. The Task Force mission statement includes the “opportunity to be a Pro-active Bystander, to stay safe, yet to speak out against abuse.”

xxDale Eilerman
The Significance of Emotional Engagement in Conflict Management (1/21/08)
Dale Eilerman
The ability to emotionally engage with an individual or group is a significant factor in establishing a constructive and helpful relationship. It is often the difference in whether an experience is perceived as positive or negative, regardless of the outcome. Engagement should be a fundamental course of action taken by professionals when addressing conflict management in the process of mediation, coaching, or counseling.   2 Comments

xxLester L. Adams
Encouraging Forgiveness (12/17/07)
Lester L. Adams
During your lifetime, you have seen and experienced the great pain and suffering that people are going through because of man’s inhumanity to man. This is an issue we cannot run from, and we must face it every day in every part of the world. We cannot change the hearts of men. Only God can do this. But we can offer people an opportunity to live positive lives in spite of the terrible things that others have done to them. You can do this by forgiving others, and by encouraging the people involved in your mediation sessions to forgive each other.   3 Comments

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