Conflict Systems Section


Conflict Systems Articles


Leah Wing

Ethical Principles for Online Dispute Resolution: A GPS Device for the Field

(9/07/17)Leah Wing

The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations.

Chris Moore

Interview with Chris Moore

(8/01/17)Chris Moore

This is the complete interview by Robert Benjamin with mediation pioneer Chris Moore, Founder of CDR Associates in Boulder, CO, and a long time leader in the area of public policy mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

Ron Kelly

California Mediation Confidentiality Will End, Unless…

(7/14/17)Ron Kelly

Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.

Peter Adler

A User's Guide to Joint Fact Finding — "JFF"

(5/23/17)Peter Adler

Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.

Lynne Eisaguirre

The Conflict Skilled Organization

(5/09/17)Lynne Eisaguirre

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.

The Ambivalence of Self-Regulation in ODR

(5/08/17)Hotur Krishna Bharadawj

ODR is thought to supplement existing ADR methods to address disputes quickly and adequately using technology and the Internet.

Frank Sander

Interview with Frank Sander

(4/06/17)Frank Sander

This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

Graham Ross

ODR's Role in In-Person Mediation and Other 'Must Know' Takeaways About ODR

(3/17/17)Graham Ross

This article covers a number of practical aspects of online mediation to broaden the understanding of how ODR can benefit a mediation practice.

Sam Imperati

Ironically, Bush and Folger are Evaluative

(11/21/16)Sam Imperati

There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."

Tammy Lenski

Want More Self-control During Conflict? Try appealing to your future self

(11/11/16)Tammy Lenski

Conflict can rob you of two precious mental faculties useful for sorting things out.

Maria Volpe

Mediation in the Future of Policing

(11/08/16)Maria Volpe

The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.

Greg Rooney

Applying Cynefin Complexity Theory to Mediation

(10/08/16)Greg Rooney

Cynefin is a Welsh word that means we are influenced by multiple factors in our environment that we can never fully understand. It is a good way to describe the complex world we are experiencing in this early part of the 21st century.

Larry Susskind

Socially-Responsible Real Estate Development

(9/23/16)Larry Susskind

To date, most discussion of social responsibility focuses on what is called Corporate Social Responsibility (CSR). That is, what do corporations need to do to meet their social responsibilities?

Keri Morris

Improving the Lives of Children by Delivering Family Dispute Resolution into New Zealand Prisons

(9/02/16)Keri Morris

We share our experience and learnings of delivering Family Dispute Resolution into New Zealand prisons to improve the lives of children.

Lorraine Segal

Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal

When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.

Mediate.com ZZZZZ

Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR)

(5/25/16)Mediate.com

Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).

Jim Melamed

Celebrating the Work and Person of Special Education Mediation Champion Marshall Peter (video)

(11/14/15)Jim Melamed

Marshall Peter is soon retiring as Director of Direction Service in Eugene, Oregon. Marshall is perhaps best known to the mediation field as the founding Director of CADRE, the National Center on Dispute Resolution in Special Education, established in 1998. Here is a video tribute to Marshall well worth your watch. Marshall has shown us just how much positive change a person can bring to both our local and national communities.

John Lande

Dispute Resolution Systems and the Future of Our Field

(10/23/15)John Lande

First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds.

Joseph Stulberg

Pioneer Series: Successful Mediation Techniques in Complex Disputes - Video

(10/05/15)Joseph Stulberg

Joe Stulberg shares how great mediators he's observed are very analytical and have a sense of pragmatic creativity.

Frank Fowlie

ODR and Ombudsmanship

(10/03/15)Frank Fowlie

This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the Internet Corporation for Assigned Names and Numbers (ICANN).

Charlie Irvine

Legal Costs and ‘Mediation Receptivity’

(9/18/15)Charlie Irvine

In 2006 Frank Sander produced his ‘Mediation Receptivity Index’(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but we discuss Sanders work here.

Phyllis Pollack

Mediation Marathon

(7/21/15)Phyllis Pollack

I have mixed emotions. Why? Recently, I have conducted multiple mediations simultaneously in matters involving the same plaintiff’s counsel and defendant’s counsel. These are lemon law cases and so frequently the same plaintiff’s counsel will have multiple cases with the same defense counsel. The mediations are thus scheduled for a single day and only counsel are present.

Viggo Boserup

Consolidation and Conflict in the Health Care Industry

(6/19/15)Viggo Boserup

The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health care industry in the past 20 years. - See more at: http://jamsadrblog.com/#sthash.AQhZ4CpV.dpuf

Kenneth Cloke

Let’s Talk: Charlie Hebdo, Immigration, Terror and Prejudice -- Notes Toward a Proposal for Dialogue over Difficult and Dangerous Issues

(6/02/15)Kenneth Cloke

As wars, religious and political differences, and international problems such as global warming, environmental degradation and poverty expand their reach, importance and severity, stimulating mass migrations and deepening social tensions, we are increasingly forced to recognize that military solutions cannot succeed; that legal processes take too long to implement; and that diplomacy does not reach deep enough into the ranks of those who are drawn to violence.

Patricia Porter

Workplace Systemic Issues: Do Your Leaders Really Want to Know?

(6/01/15)Patricia Porter

Like many conflict resolution or ADR professionals who start as a mediator, it doesn’t take long before a mediator doing workplace cases in one organization begins to wonder about the organization’s culture, communication, or leadership skills. “If only the organization had better practices, the mediation (or coaching or training or group facilitation) wouldn’t be needed”, many have thought.

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