Conflict Systems Section


Conflict Systems Articles


Alessandra Sgubini

Managing the Cost of Conflict

(5/22/15)Alessandra Sgubini

Conflict is a common occurrence in society. It arises everywhere, among different types of parties, in different parts of the world, and for different reasons. If conflict is not addressed properly it can escalate and degenerate leaving serious consequences in its wake. This article explores the true costs of conflict, methods to address conflict, and how to prevent conflicts from escalating in the first place.

Meredith Richardson

Outwitting Cognitive Dissonance

(5/22/15)Meredith Richardson

We like to believe that we are rational beings who make rational decisions. Sometimes, we are. And sometimes, we are not.

Paul Monicatti

A Top Ten List of Keys to Success in Court-Ordered Mediation

(4/24/15)Paul Monicatti

In an era of the vanishing trial, mediation advocacy is gradually replacing trial advocacy as the key litigator's skill. From a mediator with nearly 30 years mediation experience, here is a concise best practice list for the mediation advocate.

The 2015-16 Global Pound Conference Series - Prospectus

(4/15/15)Michael Mcilwrath, Jeremy Lack

“Shaping the Future of Dispute Resolution & Improving Access to Appropriate Justice." The goal of the Global Pound Conference (“GPC”) Series is to improve access to justice around the world by generating actionable data from stakeholders in the dispute prevention and resolution fields to facilitate greater access to appropriate dispute resolution (“ADR”) processes worldwide. Please join our efforts!

Marvin E. Johnson

The Integrity of ADR Processes and the Risks of Blurred Boundaries

(4/14/15)Marvin E. Johnson

Historically, the three main dispute resolution methods used in the United States have been violence, avoidance, and litigation. Today, there are a variety of additional processes that can be used to foster the resolution of disputes. Many of these processes began gaining popularity in the early 1970s as a result of frustration with the varied human and financial costs associated with litigation.

Michael Leathes

The Medici Effect of Mediation

(4/10/15)Michael Leathes

As the Danish mediator Tina Monberg has pointed out in The Butterfly Effect, chaos theory sits at many intersections: conflict and consensus; litigation and negotiation; problem and solution; public policy and private process, art and science, servant leadership and personal leadership, and others. Mediation is both a practice and a theory, cutting across negotiation and justice, practicality and academia, needs and demands.

Phyllis Pollack

The Priming Effect of Temperature

(4/10/15)Phyllis Pollack

Roaming around on the internet the other day, I stumbled across an interesting article on LiveScience.com about the effect of temperature on our psyches. Entitled, “5 Weird Ways Cold Weather Affects Your Psyche”, the author Laura Geggel discusses different studies showing that we react differently depending upon whether a room is hot or cold. While the March 11, 2015 article discusses 5 “weird ways”, three of them are pertinent to negotiations.

Alan E. Gross

Expanding Mediation’s Future: Integrating Party Self-Determination with other Mediation Principles that can Aid Party Understanding and Truly Informed Decision Making

(4/06/15)Alan E. Gross

Bush and Folger recently contributed an article to this “Mediation Futures Project” series that advocates strongly for “Refocusing on Party Self-Determination” but also suggests that mediators should conform to orthodox Transformative Mediation practices. This partial rejoinder, while acknowledging the important contribution of the TM focus on self-determination to mediation practice, also recognizes the value of other mediation practices.

Lisa Parkinson

Looking to the Future: Complexity, Chaos, and Making Connections

(3/31/15)Lisa Parkinson

Diversity matters! For mediation to develop in fresh and vibrant ways, we need to think and act creatively. Some of the best ideas come from making connections – for example, between mediation, sciences, and the arts – and through using these connections in practice. Bernie Mayer's article in the Mediation Futures series struck chords with me, with its references to complexity science, chaos, and the importance of adapting the ways we mediate to meet diverse needs, instead of expecting participants to fit in with the particular way we choose to mediate.

David Matz

On Tools and Their Dangers

(3/26/15)David Matz

We, like all professionals, focus most of our attention on making and using tools. We have jobs to do, expectations to meet, and tools are extensions of our selves. They imply a strategy for proceeding, a source of confidence that we really can make an impact on a reality that badly needs it. The negotiation literature, especially the teaching and research literature, is dominated by a focus on tools. Tools are thus essential, and also dangerous.

Sandra Untrojb

The Future of Mediation: Teens and Technology

(3/01/15)Sandra Untrojb

Preparation for the future of mediation needs to focus on who will be using mediation and how. The audience in 20 years will have different expectations than the audience of today.

Karl Bayer

How Do We Create Better Inventives?

(12/26/14)Karl Bayer

Notwithstanding rules, admonitions and the fervent desire for efficient resolution of disputes, our current system of litigation creates incentives to drive up the costs of litigation. So how do we change these incentives?

Phyllis Pollack

Mediations Are Supposed To Be Confidential... But Are They Really?

(12/19/14)Phyllis Pollack

Many times a mediator has analogized mediation confidentiality to the television ad, "What happens in Vegas, stays in Vegas" to explain the sacrosanct nature of mediation confidentiality. But, are mediations really confidential? This article was reposted to ensure mediators are fully aware of this important topic.

Josefina Rendon

Mediator Ethics and Professionalism: A Recipe for Success

(12/12/14)Josefina Rendon

I attended an interesting presentation on agreement writing and other mediation issues for advocates. One presenter talked in terms of moves, strategies, bluffs and get-away-with’s. The other talked in terms of good practice and ethical standards. Though the first mediator never advocated unethical conduct, the second struck me as a professional whose values and ethical standards were at the forefront of his practice.

Katherine Graham

Behind Mediation’s Smoke and Mirrors

(12/05/14)Katherine Graham

Positive mediation outcomes are fairly common, which you might think is down to the magic of mediation. But there are several implicit reasons why mediation outcomes are high, which aren’t generally to do with the quality of the mediator! I want people to understand the reality of mediation and what it can achieve, and not to be taken in by the rhetoric you’ll find on some websites.

John Sturrock

Mediator’s Proposals? A Story…

(12/01/14)John Sturrock

I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator.

Alberto Elisavetsky

De qué manera puede incidir e insertarse el Crowdsourcing en la Resolución Electrónica de Disputas (CORD) en un futuro?

(11/21/14)Alberto Elisavetsky

El siguiente es un artículo colectivo, producto de los aportes, comentarios y reflexiones que se realizaron en el foro de Cyberweek 2014.

Jeanette Bicknell

Conflict in Start-ups

(10/03/14)Jeanette Bicknell

From one perspective, conflict in a start-up should not be different from conflict in any other similarly sized organization. And to be sure, some of the same factors that cause conflict in any organization – whether it is a family business or a partnership or a non-profit – can contribute to conflict in a start-up. Yet start-ups also have some unique challenges, and I’ve seen some rather bad advice targeted to them.

Halee Burg

Creating A Foundation for Cohabitation

(10/03/14)Halee Burg

You are in a committed relationship. You and your significant other desire to live together but are not ready for or interested in marriage. You decide to rent or purchase a property together, or to move into a place one of you currently rents or owns. You are in good company, joining over eight million cohabiting couples in the United States.

Kenneth Feinberg

Ken Feinberg on High Profile Dispute Resolution

(9/12/14)Kenneth Feinberg

Well-known dispute resolution professional Ken Feinberg speaks on high profile dispute resolution and its relation to mediation.

Katherine Graham

What’s a ‘Successful’ Mediation?

(9/05/14)Katherine Graham

Mediation is commonly measured in terms of settlement rate (i.e. did the parties agree?) and you’ll see figures like ’80% settlement rate’ bandied about. In our view this is not the only measure of success. There are many more! Think about which measures matter to you – the parties, the mediators, and your organisation.

Kim Lovegrove

Mediation-in-Depth Analysis - Video

(9/02/14)Kim Lovegrove

Prof. Kim Lovegrove and distinguished lawyers look at Mediation as a dispute resolution process, its advantages, and disadvantages.

Jill Gross

Hat Trick: NHL Adds Arbitration Clause

(8/22/14)Jill Gross

Little did I know that I was on NHL.com’s email list. I guess having a son wild about all things hockey must have had something to do with it. So you can imagine my surprise on Saturday morning when I woke up to an email from NHL.com informing me of the new arbitration clause it was adding.

Three Lessons About ADR

(8/08/14)John Cratsley

Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy, but are often overlooked by the practitioner. First are the multiple opportunities for the alert attorney to engage opposing counsel in a mediation of a pending court case without seeming too eager to mediate.

Kevin Boileau

The Myth of Mediation Neutrality - book excerpt

(8/08/14)Kevin Boileau

The traditional view is that a mediator is a neutral, third party who helps two or more conflicting parties cooperatively resolve their differences. Interestingly enough, this belief is analogous to the Cartesian-Newtonian epistemological position that holds that one can be an independent observer of an objective world, in science or in daily life. However, I am skeptical about this position, both epistemologically and clinically. What remains an open question is whether a mediator can actually ever be a 'neutral third.'

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