Mediation provides parties (Plaintiff and a Defendant) with an excellent chance to settle their case. But you do not want to blow it and you want to make sure you are properly prepared to handle the case.
John Paul Lederach describes discussing alternatives to violent conflict with groups who felt powerless and that violence was their only avenue of action. One method he uses is to ask them what violence has achieved historically.
This 4 minute semi-animation by Jeff Conklin illustrates why sequential conversational structure is inadequate for complex issues.
How to Be a Great Facilitator
Have you ever watched a good facilitator? They make it look easy , but its not as easy as you might think. Good facilitators are expert at stimulating discussion, generating ideas and producing outcomes. This video provides a few solid tips starting with preparation. Video by Karen Friedman.
Conflict Management in the Workplace
Unresolved conflict in the workplace draws significant amount of time and energy away from the task at hand. It can negatively impact employees, customers and friends and family members. This webinar will help you identify and manage conflict as an opportunity to improve and innovate and not stagnate personally and professionally.
Conflict Resolution In The Workplace - Video
Does your team embrace conflict as a way to "iron out" differences and come to a great solution or do they stick their heads in the sand and hope everything will just go away? Video by the Omnia Group.
While often dismissed as disingenuous, irrational, or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.
South Africa has officially launched the Court-Annexed Mediation in Montshioa Stadt Village, Mahikeng. The alternative dispute resolution mechanism will allow for a negotiated settlements and alleviate huge litigation costs.
¿Cómo podemos definir la violencia familiar? En primer lugar, podemos decir que la violencia familiar o violencia doméstica es cualquier forma de abuso entre los miembros de una misma familia, de un miembro a otro miembro. Este abuso generalmente causa un daño físico o psicológico a este miembro de la familia.
In this insightful talk, Brad Heckman discusses mindfulness in conflict mediation. Using poignant humor and his own hand-drawn illustrations, Heckman effectively communicates the necessary balance of emotions, relief and reflection that mindfulness supports in the mediation process.
An International Conference on Online Dispute Resolution, ODR2014, brought together the technology and dispute resolution communities, legal practitioners, mediators and other ADR professionals, academic researchers, financial institutions, ecommerce companies and social media companies, members of judiciaries worldwide, and social justice advocates using innovative technologies to leverage change. ODR2014 is the thirteenth ODR Forum and the first to be held in the United States. This article is a recording of one of the speakers, Dr. Alberto Elisavetsky.
Frank Sander reflects on his concerns within the field, which include the tension of quality vs. quantity of the practice, the lack of studies of cost effectiveness, disappointments with the court system fees, and the difficulty of getting more young people/apprentices into the field. However, he's optimistic about the future of mediation.
Joan Kelly describes a research finding which concluded that families who mediated during the divorce had father's who were significantly more involved in their children's lives twelve years post-mediation.
Nina Meierding discusses her approach to mediation training in other countries. This involves being culturally sensitive, not imposing the Western model as it may not be useful for other cultures and their ways of problem-solving.
Sid Lezak talks about how he viewed the field when he first started out. It was like a 'religion' for him and any opposition or criticism made him even more dedicated to the practice and advocacy of mediation.
Nina Meierding explains putting theory to practice regarding studies of gender and culture in mediation. She describes being sensitive and respectful of diverse thought processes and communication methods.
Sid Lezak describes how he uses humor to lighten the mood of parties coming in and help them focus on what is in their best interests. He also talks about his vast experience and how his responses can be somewhat automatic.
Leonard Riskin explains narrow and broad problem definitions by a giving an example of settling a case where there was a breech of a business contract. A narrow problem definition sees a legal process whereas a broad problem definition allows more room for thinking about other causes of the conflict.
Peter Adler discusses mediation as a form of leadership. He also talks about his philosophy of when circumstance meets person: one can be a leader or a follower depending on their capabilities and values within that circumstance.
Frank Sander speaks of three phases he's noticed in ADR: the Pound Conference followed by ten years of experimentation. The next ten years was the incorporation and practice in law schools and court systems as well as discovering the weaknesses of the practice. The last ten years have been the institutionalization of the field.
John Paul Lederach continues to describe in detail how he observed partiality as a resource, not an obstacle in Latin America and the Middle East. Partiality meant being part of the network, being an insider, and someone to be trusted.
This is one of a 40-day video reflection series about conflict resolution. It is produced by the Taming the Wolf Institute and discusses the use of power, rights, and interests in mediation.
Family Mediation UK - Video
This video is produced by the Ministry of Justice in the UK . It highlights the benefits of using mediation for family cases.
ACR Presidential Speech 2013 - Video
2013-2014 President of the Association for Conflict Resolution (ACR) delivers her first address as President at the 2013 ACR Annual Conference on October 11, 2013 in Minneapolis, MN
Nadine defies the conception that seemingly opposite ideas can't work together by revealing the power of your humanity. A master bridge-builder, who has worked with Nelson Mandela and other leaders from all sectors, Nadine Hack has turned adversaries into allies throughout the world. Her pioneering work on engagement leadership and her unique framework Strategic Relational Engagement (SRE™) is based on decades of real-life success in bringing together diverse stakeholder to find common ground and achieve great goals.
This is Colin Rule's excellent six minute presentation on Online Dispute Resolution from the Reinvent Law Channel. Colin is former director of online dispute resolution at eBay - Pay Pal.
Vintage ADR - Video
This video was produced by Coronet Instructional Films in 1950. It shows schoolyard disputes and illustrated different suggestions for resolving them.
Mediation Demonstration - Video
This full-length role-play mediation video, with explanations, was produced by O'Sullivan Solutions in February, 2013. This mediation role-play was demonstrated live in front of the faculty of law at Griffith College, Cork.
In the case Ledbetter v Ledbetter, the appellate court considered the issue of whether parties to a divorce mediation should be bound to a settlement orally dictated by the mediator and affirmed by parties and their counsel at mediation, which was later repudiated by one of the parties.
In the case Catamount Slate Products v Sheldon, the appellate court reversed the trial court and refused to enforce an alleged oral mediated settlement where the intent of the parties to be bound was not established.
In the case In re Rains, the appellate court concluded that the bankruptcy court did not clearly err in finding a debtor mentally competent to enter into a mediated settlement, notwithstanding that immediately following the conclusion of mediation the debtor drove himself to the hospital where he was admitted and diagnosed with a cerebral aneurysm and stroke.
In Chesney v. Hypertension Diagnostics, the appellate court affirmed the trial court's conclusion that a mediated memorandum agreement is binding and enforceable despite the parties' failure to complete a more comprehensive settlement document.
In Fair v. Bakhtiari, , the appellate course reversed the trial court's refusal to enforce a mediated settlement and compel arbitration pursuant to its terms because inclusion of the arbitration provision in the settlement was "consistent solely with an intention on the part of the parties for the settlement terms document to be enforceable or binding," thereby making the settlement admissible based on a statutory exception to inadmissibility where an "agreement provides that it is enforceable or binding or words to that effect."
The EU Museum Mediators Project (video)
Eva-Kaia Vabamäe reflects on her experience as a "Museum Mediators" course participant. Afterwards, the European dimensions and challenges arise in the difficult translation of the term "Museum Mediation" to Estonian.
This tongue in cheek video shows two instructors at "The Mediation Academy" discussing mediation fee arrangements and 12 steps to avoid mediator emotional co-dependency. Be sure to to check out all of our continuing education offerings at Mediate.com University.
In Fivecoat v. Publix Super Markets, Inc., the appellate court reversed the trial court's order enforcing mediated workers' compensation settlement, where the claimant's attorney did not have clear and unequivocal authority to settle on claimant's behalf.
In Heaven & Earth, Inc. v. Wyman Properties Limited Partnership, the appellate court enforced a handwritten mediated settlement of lease extension by night club against challenge that parties' failure to reach full agreement on limitations and notice requirements for sound checks was a missing essential element that precluded enforcement.
With armed conflicts trending upward again and proving increasingly complex, the challenges are also mounting for mediators working to resolve them through negotiations. Newly developed guidance from the United Nations can help them to succeed, providing practical advice for navigating mediation processes effectively. This video describes the 8 UN fundamental guidelines.
This video by Leo Hura shows a parent with a disabled child. She finds herself in a dispute with her school, but through the mediation process she reaches agreement with school regarding her disabled child in a culinary program.
Professor Guhan Subramanian has created a video for Harvard's Program on Negotiation called Setting the Stage.
Mediation in Action - Video
A workplace dispute between two colleagues has created an issue which is affecting their colleagues and the business. This video shows a real example interviewing the owner, both employees, and their mediator. They reflect on the process and how mediating has changed their business.
In his keynote address, Professor Mayer explores some of the characteristics and dilemmas of enduring conflict and ways that conflict resolvers can shift the narrative from one of prevention, management, and resolution to one of anticipation, support and engagement.
Disputants and mediators together determine a mediation’s success, sometimes only in retrospect. This interactive workshop explored opportunities prior to and during a session, when the mediator may support-even enhance-parties' abilities to make the most of their mediation experience.
This presentation introduces four specific steps for effectively transforming even the most provocative personal attacks into something constructive. Listeners may wish to also read Chapter 4 of Party-Directed Mediation, Interpersonal Negotiation Skills. April 2012, Duration: about 10 minutes plus homework.
The team at JAMS has finally been able to videotape a mediation to present the mediation process. This video aims to increase transparency of the process and to help clients understand how hard mediators work for them. JAMS promises that this is a real mediation and that all of the participants have agreed to allow this video to be public.
Jim McCartney, a Charter Arbitrator and Charter Mediator, talks about what arbitration is. He explains the process and the benefits to the clients. He says that the best way to think of arbitration is as a private court.
Faith-Based Diplomacy, an emerging discipline that seeks to integrate religion and politics in the cause of peacemaking and reconciliation, is explained by the Canon Reverend Brian Cox. Father Alexei Smith, Shakeel Syed, and Rabbi Mark Diamond share insights regarding the inter-faith dialogue that is such a vital step in peacemaking.