Ever wondered why mooting or debating is a very essential part of law student’s life? Ever wondered what kind of skills a law student can develop by participating in a moot or a debate?
Mediation Trainer Stuart Watson shares the wisdom of the most important elements of a mediation training gained from training new mediators over the last 15 years.
This blog is an invitation not only to the students taking on the roles of client and counsel at the ICC competition, but also to the judges and mediators, to be aware of the unstated, and often unobserved and unrecognised differences between the parties that, despite the common ground of language and process, may well shape the parties’ perception of mediation, commercial relationships, the nature of purpose of mediation, and the design of acceptable outcomes.
Does mediation do any good? Does it make the world a better place?
This is a diagnosis for workplace mediators to include in their trainings.
(11/22/16)Robert A. Baruch Bush, Joseph P. Folger
For us and the colleagues we’ve worked with for many years, our first premise has always been that self-determination, or what we call empowerment, is the central and supreme value of mediation – a premise probably shared by many in the field.
The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory Coast opponent in the last second of the bout, giving the latter his country’s first ever Olympic gold medal.
You don’t get better at listening during conflict by practicing during conflict. You get better at listening during conflict by practicing outside of conflict, where the stakes are lower and it’s easier to be on top of your game.
“That’s not my problem” are four of the most frustrating words to hear when you’re trying to talk through a conflict.
The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.
Bickering, an argument about trivial matters, is one of those everyday bad habits that feeds the growth of destructive conflict in a relationship.
Our intent in a recent training was to provide new mediators training in parenting plan mediation, we received so much more. Over the course of the weekend, I found myself reexamining some of my beliefs about mediation practice.
(2/29/16)Stanford School of Business
This is an instructional video produced by the Stanford School of Business. It covers the process of negotiation by Joel Peterson.
This article describes the benefits I see from taking Collaborative training.
(11/09/15)William Levine, Chouteau Levine
These authors assert that most of the traditional values and styles that guide divorce mediation are still applicable.
In order to be effective, trainee mediators need to unlearn much of what they think they already know.
A lot of people cringe when they even hear the word “conflict”, especially at their workplaces. But the truth is, conflict is a natural part of human interactions, and it won’t go away even if you close your eyes and wish really hard!
Michael Lang describes an account where he was teaching reflective practice, a practice that enables mediators to be more aware of their own methods and why they are using them.
I love the cookbook that Andrea and 1001 chefs wrote, Cooking Up a Deal: Negotiation Recipes for Success. It’s a wonderfully short and fun piece to assign for the last day of class.
When I’m mediating, coaching, or training, there are moments I want to illustrate why resistance builds up. There are moments I want to help someone understand in a quick and visceral way that pushing their agenda relentlessly is contributing to getting things good and stuck.
Reports on what lawyers should know, including the MacCrate Report and Educating Lawyers, regularly list problem-solving, negotiation, and dispute resolution as skills that lawyers should have. Best Practices for Legal Education called for law schools to educate students in problem-solving and in practical wisdom, in order to solve clients’ problems effectively and responsibly.
The Health Board South Wales asked us to train their Serious Incident Investigators. Although we know investigating inside and out, this was a new context for us that involved a lot of research and adapting to their needs. And it paid off!
The New York Peace Institute recently conducted a mediation training for the NYPD. They have kindly shared how the training went, tips and tricks for training, and some insights into the cross-over between police and mediation.
(12/17/14)Donald T. Saposnek
The current complexity of our problems, at least in the U.S., is close to the point of overwhelm; for the individuals involved, for the governments that rule them, for the courts that adjudicate them, for the economic systems that support them, and because of the corrupted values that guide them.
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This short article presents a technique that the author calls a "Miss Marple Moment." Through the use of parallel stories, a neutral may address attribution and perceived negative intentions, and assist participants in seeing their situation in a different light and help them reflect on their contributions to the conflict. Hopefully, it is a fun read, just like an Agatha Christie book.