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  • What Does Fairness Have to do with It?
    by Phyllis Pollack
  • Good Magicians are Masters at Attention Choreography: So are Good Mediators
    by Stephanie West Allen
  • ODR Gaining Traction
    by Colin Rule
  • A Better Way to Fix Your Problems at Work
    by Tammy Lenski
  • What Women's Initiatives Need
    by Victoria Pynchon
  • The Courage to Listen in Conflicts
    by Lorraine Segal
  • Poor Behavior 12: Lack of Openness or Honesty
    by Vivian Scott
  • AudioBlog: Talking to the Enemy
    by Joe Markowitz


  • read all
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Colin Rule
ODR Gaining Traction (5/21/12)
Colin Rule
Courtroom showdowns make for great movie scenes, but To Kill a Mockingbird’s Atticus Finch would be shocked to hear that the courts are only resolving a fraction of today’s legal disputes. A growing number of cases are being resolved by online tools, and sometimes lawyers and judges are not even involved. Impartial web-based systems apply computation, algorithms and cryptographic technology to bring about resolution quickly and inexpensively.

F. Peter Phillips
ODR and Napoleon: World Conquest (4/30/12)
F. Peter Phillips
No sooner had Colin Rule addressed my students at New York Law School but we met each other again in Washington, DC, where he was on a panel on online dispute resolution at the Annual Meeting of the ABA’s Section on Dispute Resolution. Colin’s seven years with EBay/Paypal, combined with his new start-up Modria, have turned that sparkle in his eye to a glint. He sees the future, does Colin, and it doesn’t include lawyers — or the law.

Virtual Mediation Lab zzzzz
Online Mediation Simulations via Skype - Video (4/16/12)
Virtual Mediation Lab
A new pilot project by the Association for Conflict Resolution Hawaii Chapter to show how new and experienced mediators can practice and improve their mediation skills by participating with other mediators in online mediation simulations via Skype.

Anna Spain
The Rise of Civil Society (3/26/12)
Anna Spain
With the Kyoto Protocol expiring at the end of this year, international lawmakers have been gathering to find a productive process for resolving environmental conflict. Their conversations are an example of where international conflict resolution is headed and who the key players will be.

John Sturrock
A Little More Conversation (3/26/12)
John Sturrock
The next two years present Scotland and the rest of the UK with a unique opportunity. How we conduct the discussion of the constitutional question (whether or not Scotland should become an independent nation) could be as important as the outcome.

Colin Rule
Conflict Resolution on Pinterest (3/26/12)
Colin Rule
“Last week another photographer posted a question on Facebook asking if it was okay to pin your own work on Pinterest. I was surprised to see that many of the photographers who commented back admonished those who pin their own work and even cited Pinterest’s suggested rules of etiquette, which apparently discourage self-promotion. That same day, I participated in a thread on Facebook in which some other photographers were complaining about people posting their work on Facebook pages without the photographers’ permission."

Justin Corbett
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.

Jeffrey Krivis
‘TAKE THIS!’ – Some Darn Good Reasons Mediations Succeed or Fail (3/19/12)
Jeffrey Krivis
There is a short period of time in any difficult mediation where the tension escalates and tough negotiation decisions have to be made. Some people call this a ‘do or die’ moment. Its like the last vote in the Supreme Court in Gore v. Bush.

Vivian Scott
Poor Behavior 6: Giving Vague Instructions (3/05/12)
Vivian Scott
We’re halfway through our list of a Dozen Dirty Behaviors that cause problems at work with #6; giving vauge instructions. What do you think your boss means when she gives you an assignment and then adds, “When you get to it” as part of the instructions?

Susanna Jani
When it ain’t Easy to Say the Right Thing: How Distance Mediators Help (2/28/12)
Susanna Jani
“The difference between the right word and the almost right word is the difference between lightning and a lightning bug.” (Mark Twain). I wish I’d seen that quote years ago, when I was in the midst of my own separation. In hindsight, I can say without hesitation that many of the discussions I had with my ex about how to reorganize our lives went sideways for no other reason than that I didn’t understand how important my choice of words actually was.

Hon. Arthur Ahalt
2012: The Move to Online Dispute Resolution (2/13/12)
Hon. Arthur Ahalt
As a new year begins there is always a clamor to know what is in store for the next 12 months. Some will look at last year and make a string of resolutions and predictions. While I do not pretend to be Carnac the Magnificent of Johnny Carson’s days, here is my take on the trends in 2012 that will shape ADR and ODR.

Karin S. Hobbs
Mediation and Negotiation by Skype (2/06/12)
Karin S. Hobbs
Should you mediate by Skype? Perhaps. There are benefits and warnings.

Phyllis Pollack
Attending By Telephone (1/23/12)
Phyllis Pollack
Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with success: the cases settled.

Christine Tsai
The Link Between Weather and War (1/16/12)
Christine Tsai
Christine Tsai examines a new whether there is a link between weather and war. She looks at the data to see if there is a correlation between weather patterns and high conflict.


Towards Crowdsourced Online Dispute Resolution, Part 3 (1/01/12)
Jaap Van den Herik, Daniel Dimov
Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. How should eBay solve otherwise 60 millions disputes per year? (This is a Part 3 in a 3-part series.)

Colin Rule
The Emergence of ODR (12/19/11)
Colin Rule
The Commission’s proposal represents a bold statement on the need for an accessible, well-designed and integrated system for resolving consumer disputes in the EU. If implemented successfully, it could lead to significant new dispute resolution options and other trust building mechanisms for consumers and traders and, in turn, more consumer-driven economic activity across the EU’s single market.

John Wade
Teaching Conflict Management Courses: Part 1 (11/21/11)
John Wade
Professor John Wade takes an honest look at themes and challenges of teaching dispute resolution courses in this 3-part series. He begins by examining the cycles of change and the worldwide themes.

Susanna Jani
The Joy of Mediating in my P.J.’s: Telephone-based Mediation (11/07/11)
Susanna Jani
In today’s post our distance mediation team member, the inimitable Ronald Smith, Q.C., describes his own experiences with using the telephone to conduct family mediations. He also shares some of the interesting (and surprising!) lessons he has learned about working with this communication medium:


The Palestinian Non-Governmental Organization Network: Mediating in the Midst of Conflict (7/03/11)
Husam El-NouNou, Amjad Shawa, Donald Mellman
This article focuses on two particular conflicts involving Fateh and Hamas which will show the goals of such mediations to be on the parallel tracks of 1) the Palestinian state and 2) the Palestinians as a united group of individuals.

Lee Jay Berman
The Funnel of Conflict Resolution - Stages of Conflict and Opportunities for Resolution (2/22/11)
Lee Jay Berman
The world of conflict can act like a funnel, in that disputes can enter from any of a variety of areas of life and can take all forms (arguments, disputes, accidents, cultural trends). As a society, and as a mediation community, we can address these disputes at many different stages.

Ellen Kandell
Conflict In The Healthcare Arena: What Physicians Can Do About It (1/31/11)
Ellen Kandell
Do you and your partners frequently have difficulty working through strategic planning issues? Is there internal strife between your office manager and the lead nurse? Is the hospital committee you serve on a source of confusion and ambiguity rather than a source of professional pride?

John Crawley
Changing Conflict-Negative Culture (1/31/11)
John Crawley
To finish my series on applying ‘nudge’ thinking to mediation and effective dispute resolution at work I want to focus on creating a more productive conflict culture in your workplaces.

Case Manager
Introducing the Mediate.com Case Manager (1/18/11)
Case Manager
We are excited to introduce you to the Mediate.com Case Manager with full information at: www.mediate.com/CaseManager. You can now manage your ADR practice, program, agency or court panel from any computer with web access and automatically get updates and improvements. Mediate.com has developed a cloud-based, leading edge case management system that is now available for Charter Subscription through January 31, 2011.

Lesley Allport
Why Introduce Internal Mediation Services Into Unionised Organisations? (1/10/11)
Lesley Allport
Mediation is another tool to be added to the kit that can help both Union Reps and HR staff alike to achieve these broader aims, as well as address specific disputes with speed, effectiveness and at low cost.

John Crawley
New Year’s Resolution (1/03/11)
John Crawley
CMP are resolving to get even better at communicating with you about dispute resolution. On that theme here are some additional ideas for how to promote mediation, continuing from December’s 2010 blog and white paper.

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