New at Mediate.com
Approaching Custody with Reason vs. Rancor
No matter how a couple may approach questions involving parenting after divorce, the answers are never easily derived.
Are They Crazy? No, Just Human
The strategies and practices neutrals pursue to meet the psychological behaviors of people in conflict are central to an understanding of the effectiveness of mediation and various negotiation techniques utilized by mediators in helping parties resolve their dispute.
Artificial Intelligence, ODR, The Black Swan, and ...Imaginative Cells
This article discusses our concerns: how it has cost us and it is difficult for human beings to understand what are the steps we have to take in order to achieve the future.
The Choreography of Mediation
I’ve always thought of mediation as a process more akin to art than to science.
Eviction Mediation Insights from Two Successful Programs
As efforts ramp up to address the impending eviction crisis, I thought I’d revisit studies of two existing eviction mediation programs (in Minnesota and St. Louis) that were published last year.
May 7 Forum on Standards, Ethics & New Technologies for Online Mediation
Join colleagues from around the world for Mediate's May 7 Forum on Standards, Ethics & New Technologies for Online Mediation. Among the featured presenters are Colin Rule, Leah Wing, Dan Rainey and Melissa Kucinski.
Full Video Posted of April 30 Forum on Online Mediation Training
The second Forum of the Online Mediation Training Task Force took place on April 30 and centered on new and emerging issues of online mediation and the training of mediators online. The full video of this second Forum is now here posted!
Modeling for the World: Five UN Agencies Pledge to Accept Mediation Requests
The United Nations this week took a big step in modeling conflict resolution for resolving workplace disputes.
We Should Replace Mediation Models with a Unified Conceptual Framework
A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension.
An Alternative to Litigation – Mediation and the Impact of Non-Verbal Communication
A skilled mediator will rely on his/her professional expertise to evaluate each mediation's participants and then proceed with the appropriate approach for each mediation session.
Online Mediation Training Forum Updates
The Video of Mediate's Global Growth Forum is now posted. An additional Forum on "Experiential Training, Mentoring and Case Consultation," with hosts Tricia Jones & Forrest (Woody) Mosten, has been added on Friday, May 14. The Forum "Beyond Mediation: Interdisciplinary Collaborative Practice, Coaching and Limited Scope Representation" is now on Friday, May 21. See the updated Forum Schedule. Free registration.
Mediation Within the Conscious Business
The place of mediation in "the Conscious Business" proposed by executive coach Fred Kofman.
Full Video Posted of April 23 Forum on the Global Growth of Mediation
How do we best support the growth of mediation around the world? This Forum will share the perspectives of panelists from Nigeria, Argentina, Russia and India to compare and contrast the experiences of online mediation and training in developing mediation cultures.
The History of Mediation and Why It Is Still in Use Today
To understand mediation, you must examine the reason behind having a mediator.
Amendments to the LCIA Mediation Rules, 2012 – Keeping Up with the Changing Times
Mediation, in general, is a more informal and less widely used procedure than arbitration.
Mediate is Top Ranked Mediation Website
Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.
The 2020 Tax Conundrum: Questions Facing Couples Whose Divorce is Pending
2020 has been a year of too many upsets, too many uncertainties, and too many confusions.
Shovel 3: The Big One
In getting ready to continue digging up the return of Traditional Mediation, I read Rachel Gupta’s article on this site and I am grateful to her for writing it.
Using Text Messages and Emails in Mediation, Family, or Divorce Court
A guide on best practices related to the collection and use mobile evidence and the software options available best suited to assist.
Virtual v. In-Person Hearings in a COVID World and Beyond
Prior to the pandemic, virtual hearings for labor-management arbitration and mediation were rarely used but since its start and acceleration, virtual platforms are now the dominant forums for arbitrations and mediations. Will the adoption of virtual interactions continue after the pandemic or will in-person approaches return?
The 5 Benefits of Executive Conflict For Your Business
Executive conflict provides an opportunity for leaders to pause, reflect, and grow exponentially.
20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations
In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.
Questions and Questioning within the Conversational Framework
Mediators mostly focus on differences between open-ended and pointed questions, Yet, there is much more to questioning and question-asking than that.
Top Ten Cognitive Biases and Distortions in Mediation
“You can’t always get what you want, but if you try sometimes, you get what you need.” The Rolling Stones, Let It Bleed, 1969
The Singapore Convention on Mediation - Where’s Europe?
International commercial mediation - what a settlement agreement can do.
Confidentiality and Protecting Client Data in an Online Environment
Protecting client confidentiality is critical, not only to protect your business’ reputation but also to adhere to strict legislation around safeguarding data.
Affect in Methods of Dispute Resolution
The paper addresses affect in its philosophical aspect, proposing a rational reflection on the individual perceptions of each party involved in a conflict, in order to analyze how this affection influences the methods of dispute resolution.
Announcing Youth Conference -- Free for Students
Mediate.com is excited to announce a youth voices conferences, focused on 6 sessions spread out over multiple time zones, sharing strategies for advancing dispute resolution around the world.
Progressive Discipline, the Misunderstood Frontier - Part 3
Given this is our third article in this series the reader is reminded in our previous article we examined the overreaction on the manager’s part to disciplining employees. The focus of this article is to examine some of the challenges associated with training the management staff and agents.
Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases
When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.
Practical Tips for Presumptive ADR Participants: Five Do's and Don'ts for Pre-Mediation Statements
In light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs.