New at Mediate.com
“Double Hatting” under Med- Arb: A Comparative Analysis
Over the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community.
The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?
I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways.
Domestic Violence and Family Mediation
Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.
Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland
The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.
Mediation and the Evolution of Democracy: Inventing Interest-Based Responses to Lying, Demagoguery, and Fascism
Nearly 2500 years ago, Plato warned that “Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty.” Why should this be the case?
Transcendent
I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?
Mediation and Business Crisis in Italy, 2021. Where's the training?
On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.
Introducing the Mediate.com Podcast
We’re excited to finally share the news: we’ve launched a new Mediate.com Podcast, hosted by our good friend, mediator Veronica Cravener!
Forum Video: Final Report of Mediate.com Task Force on Online Mediation
This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force on Online Mediation. This video features Woody Mosten, Colin Rule, Clare Fowler, Jim Melamed, Tara Ollapally, Bruce Edwards, Donna Silverberg, Susan Guthrie, Angelia Tolbert, Michael Aurit, Tricia Jones, Michael Lang and John Sturrock.
Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics
"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."
Your Student is Headed Back to In-person Learning – and There May be Things to Fear that Have Nothing to do with COVID-19
A leading mediation expert and international best-selling author cautions that a year of pent-up frustrations; could cause students to blow.
SHOVEL 5 - Whose Fear is it Anyway
Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.
Ronald Melin Supancic - A Memorial
Each breath we breathe is an invitation to live more fully, more consciously, more attentive, and more aware.
Why Have a Disclosure Protocol for Mediation?
I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?
Congratulations, IOA! 1,000 Members!
Mediate.com would like to celebrate the International Ombudsman Association's 1,000th Member!
Mediate.com Adopts Online Mediation Practice and Ethical Standards
One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, Mediate.com has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation effective January 1. 2022.
Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction
Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.
Paths Forward for Online Mediation - 8 Primary Recommendations
In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:
Paths Forward for Online Mediation - Index of Resources
This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.
Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources
Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.
Dance of Opposites - Book Review
The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.
What Challenges Should the Proposed Mediation Act of India Address?
Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.
Game Playing in Negotiation: Evolutionary Purpose and Necessity---Machiavelli's Place At the Table
While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.
Negotiation Tactics: How They Work and How to Protect Yourself and Your Client from Them
Why talk about negotiation tactics, manipulative moves designed to slant an outcome in one side’s favor more than the other, based on “tricks” or gamesmanship versus merit?
The Limits of Mediation
It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.
The Customer Isn’t Always Right-- But They’re Causing More Conflict Than Ever
Many leaders are unable to de-escalate conflict themselves, let alone train their employees to do the same.
Exemplifications of Typical Topics: Mediator as a Playwright (Part 2)
This article shows how to address double-standards and preaching without doing in a mediation.
Mediation and the Language and Culture of Politics
One of the principal difficulties with political conflicts is that, in addition to disagreements over ideas, facts, proposals, beliefs, and values, there are significant differences in the languages we use to describe ourselves, our opponents, and the issues that divide us; as well as in the disparate cultural norms, expectations, myths, assumptions, and ways we attribute meaning to political ideas and assertions.
Riding the Conflict Resolution Highway
Envision you are about to travel on a journey from a place of conflict to a place called resolution. As with any journey, there should be steps taken to ensure you will be as prepared as possible.
The Civil Rights Act of 1964: The Right to Bilingual Mediation
Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.
Eating Our Words
Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”