5/24: Mediation always optional, arbitration often mandated read 5/24: Mediation – the way forward for resolving Hull Insurance Claim Disputes read 5/24: Mediation may be sought to advance Lake Berryessa resorts read 5/24: Double mediation ordered for divorce read 5/24: Oregon Lawmakers approve $7.6 million for foreclosure mediation program and enforcement read 5/24: Mediation plays vital role in preventing conflicts, settling disputes – UN read 5/24: Mediation is still 'best option' in sea spat read 5/24: When does an arbitration agreement extend to third parties? read 5/24: Brokerage Firm Goes All In But Loses High Stakes Employment Arbitration Poker Game read 5/24: NY Times: The Advantages of Arbitration read read all
The Role of Imagination and Mediation (4/09/12) Milan Slama Before you start the mediation process, you are already making some assessments. You imagine what kind of issues might occur. You imagine what kind of behavior you will have to deal with when it comes to interactions between parties. You picture their backgrounds and the environments they grew up in. As you go along you try to imagine their working environment, their personalities, and how they might act under various circumstances. To make it simple, you, the mediator, must do a lot of imagining.
Homeowner Mediator Association Primer (4/09/12) Jim Lingl There is no “right” or “wrong” type of mediation style. Effective mediators can be helpful in almost any setting, regardless of their predominant style. But resolution of different types of dispute can be enhanced by the selection of the best style of mediator to match the participants and the conflict. 2 Comments
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."
Negative Peace, Positive Peace: What kind do you want? (3/26/12) Tammy Lenski “I don’t want to resolve this conflict,” said the professor, looking me squarely in the eye and leaning forward in his seat. “I want to exacerbate it.” The word exacerbate was pronounced with each syllable clipped and exaggerated to highlight his point. “It’s a conflict that needs to be done thoroughly, fearlessly, and with zest.”
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?
Poor Behavior 5: Being Dismissive (2/28/12) Vivian Scott Don’t you find it frustrating when you have an idea that you’re dying to share and after getting out only a few words someone cuts you off or moves on to the next person? Yeah, me too; and that’s just one example of dismissive behavior in the workplace.
Listening for the Echo in Mediation (2/19/12) John Potter As we develop as mediators, it has been suggested that we engage in a process that grows through three stages. First, we learn technique. Second, we begin to develop a deeper understanding of how and why mediation works. Finally, we become more aware of how our personal qualities influence the mediation process for better or worse. It is the third stage that keeps me entangled in the joy and frustrations of the mediation process. 1 Comment
Helping Parties Have the Conversation They Want to Have (2/13/12) Diane Cohen How often have we all wanted to say something to someone important in our lives, and yet our meaning is misunderstood; our words fail us; or confusion ensues and we wonder what happened. The same holds true for parties, and for many parties this is the cause of their conflict.
High Conflict Mediation and Ethics (1/30/12) Ann Begler Working with high conflict people requires skill that goes well beyond facilitating a conversation. Some mediators do it well and some should never try. If a mediator sees it as his or her responsibility to make a fair assessment about competency in this regard, everyone is well served – clients, mediator and the system, itself.
Mediator Excellence and Self-Awareness (12/12/11) Louise Phipps Senft Louise Phipps Senft discusses mediator self-awareness. She looks in-depth at how it aids the mediation process, and MACRO's process to use self-awareness to assist mediators become excellent.
Hybrid Proceedings (12/05/11) Joe Markowitz One of the touted benefits of ADR is that it allows parties to design their own dispute resolution process specially suited to their needs.
AudioBlog: Transforming Conflict Through Forgiveness (12/05/11) Patricia Porter Forgiveness is a powerful tool for clients who are up against difficult, and seemingly insurmountable, conflicts. It creates a pathway from conflict to a deeper place of understanding and compassion.
Powered by Paradox (11/14/11) Michael Jacobs Power is an issue no mediator can afford to ignore. This includes the power we have as practitioners. This article argues that much of the power we have as mediators comes from our capacity to embrace a fundamental paradox that lies at the heart of our practice. 1 Comment
Oprah's New Show "Confronting" Premieres (9/16/11) Phyllis Lawrence Oprah Winfrey was always impressed with the crime victims and perpetrators meeting and moving through the pain via dialogue. Now on the Oprah Winfrey Network, she's running a new series, "Confronting . . . " which documents the facilitated peace and reconciliation process.
Bound by Conflict, Separated by Restraint (9/12/11) David Bogan Here in one sentence is the conundrum we often face as to which process works better, the ‘own it, name it, clear it,’ process suggested by Psychotherapists, or this model, suffer in silence and restraint? 1 Comment
Holistic Communication: How to Include the Heart and Soul in Mediation (8/24/11) Michelle Brenner One of the functions of being a person as well as a professional is to survive, to be able to pay bills, keep updating knowledge and satisfy the human needs that include feeding and housing self and family. The second function which is not a runner up, but actually considered as critical for defining a human being is the need for transcendence. 1 Comment
A Flood of Workplace Conflict: Don’t Panic – Get SMART-ER (4/03/11) John Crawley CMP Resolutions is committed to making SMART-ER the default approach to dispute resolution at work. It works best when organisations commit their strategy, staff, unions and managers, but can also have an impact in individual cases and interactions.
Do you REALLY Want Me to be Evaluative? (3/27/11) Victoria Pynchon A mistake that lawyers sometimes make is failing to ask for what they want. If they do want an evaluation they can ask for it when they hire the neutral. There are processes variously known as neutral evaluation, non-binding arbitration, or early case assessment which are designed specifically for this purpose. They can be used independently or they can be combined with mediation.
Evaluative Mediation (3/21/11) Diane Cohen Evaluative mediation is generally understood to be a process which may include an assessment by the mediator of the strengths and weaknesses of the parties’ cases and a prediction of the likely outcome of the case
Transformative Mediation for Divorce: Rising Above the Law and the Settlement (3/07/11) Dan Simon Abstaining from providing legal advice and resisting the urge to problem-solve, transformative mediators offer divorcing couples an essential service: providing authentic support for any discussion they choose to have, helping them arrive at greater clarity, and improving their sense of connection with each other. While these conversations often lead to a comprehensive divorce settlement, their primary value extends far beyond the terms of the agreement. 4 Comments
What Does “Empowerment” Look Like And How Can Mediators Facilitate It? (1/10/11) Donal O’Reardon The literature on mediation and conflict resolution often talks about “empowerment.” It is strange then that there does not seem to be any agreed understanding of what “empowerment” exactly is. Indeed the literature on dispute resolution is often mute when it comes to articulating any conception of empowerment. 6 Comments
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