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Featured Blog Posts


Temitope Akande

Love’s New Mediation Data: Whither the Joint Session?

(1/15/21)Temitope Akande

Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.

Denise French

Divorce Noise

(1/15/21)Denise French

It’s so normal for us to ask questions and want information from those who have already been through this overwhelming time in our lives.

Scott Levin

The End Game

(1/15/21)Scott Levin

Deciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference.

Anwar Kashif Mumtaz

Landscape of Dispute Resolution

(1/08/21)Anwar Kashif Mumtaz

When you hear about the word landscape of dispute resolution, the first thing that comes to the mind of the people is litigation before a court of competent jurisdiction. However, the parties need to be made aware that the landscape of dispute resolution is wider. It includes along with litigation, arbitration and mediation.

Ronald S. Kraybill

How to AVOID Conflict Gracefully

(1/08/21)Ronald S. Kraybill

If you’re good at selective conflict avoidance, you will have a greater sense of order and control in your life.

Kathleen Kauth

Authenticity in Conflict

(1/08/21)Kathleen Kauth

Many times in tense situations there is a strong desire to minimize the conflict.

[PODCAST] Reflecting on Nine Months of Virtual ADR

(1/08/21)Adrienne Publicover

A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.

F. Peter Phillips

Mediation Confidentiality in Federal Court

(1/04/21)F. Peter Phillips

As a consequence of the absence of uniform adoption of the Uniform Mediation Act, the confidentiality of mediation communications in various jurisdictions often cannot be assured.

John Lande

Ideas for Teaching Mediation and Negotiation

(1/04/21)John Lande

This article is prompted by my conversation with a really good, experienced colleague who is revising his mediation course.

Kathleen Kauth

Ultimatums in Conflict Resolution

(1/04/21)Kathleen Kauth

Empty threats in dispute resolution change nothing.

Phyllis Pollack

Personality Matters!

(1/04/21)Phyllis Pollack

This post discusses interesting ramifications of personalities, such as two individuals who are each “disagreeable” tend to get along the best.

Larry Bridgesmith

Collaboration is the Future

(1/04/21)Larry Bridgesmith

Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.

Vanessa Rose

Resolving Cognitive Conflict in the Workplace

(12/28/20)Vanessa Rose

When two people are tasked to complete a project together, they may not always agree on how to get it done.

Kathleen Kauth

When the Cure is Worse Than the Disease: Civil liberties Under Attack

(12/28/20)Kathleen Kauth

As COVID concerns spread, conditioning from the media and celebrities talking about how everyone needed to comply with random, and often contradictory orders began to make the rounds of TV and social media.

Katherine Graham

Anti-Vaxxers and the New Workplace Divisions

(12/18/20)Katherine Graham

With a clear divide between the ‘anti-vaxxers’ and the rest, what happens to day-to-day employee relations and attempts to return to normal office routines and face-to-face meetings?

Lorraine Segal

Start with “Hello” to Manage Conflict

(12/18/20)Lorraine Segal

Recently, I did a consultation with two long-term employees who had periodic flare ups of conflict. Here are some of the suggestions I gave the owner.

Richard Birke

As Higher Education Contemplates Its Future, New Solutions Are Needed: Facilitation Is One of Them

(12/18/20)Richard Birke

As a full-time tenured professor for 25 years and an instructor for more than 10, respectively, we have seen firsthand the heroic efforts of academics and administrators to handle the myriad and complex problems facing higher education.

Kathleen Kauth

Empty Threats Change Nothing

(12/18/20)Kathleen Kauth

Ultimatums are usually born out of extreme frustration from a lack of agreement on specific issues.

Thomas Wahlrab

Healing and Civility – What Mediation can Teach Us About Bridging Social Divides

(12/11/20)Thomas Wahlrab, Robert Baruch Bush

Even after the election results are finalized and the new President inaugurated, one thing will remain unresolved – the deep divide within the nation that the campaigns for the presidency confirmed.

John Lande

Concepts that Can Help Practitioners Help Parties Make Decisions in Disputes

(12/11/20)John Lande

My main premise is that our dispute resolution community fundamentally is about helping people make decisions about processes, procedures, and issues in managing their conflicts.

Noah Shaw

Resolving Cognitive Conflict in the Workplace

(12/11/20)Noah Shaw

When two people are tasked to complete a project together, they may not always agree on how to get it done.

Kathleen Kauth

Entrenched Views Make Resolution Tricky

(12/11/20)Kathleen Kauth

The word Entrenched calls to mind war zones with soldiers dug into trenches to protect themselves and still be able to fire upon the enemy.

Phyllis Pollack

The Importance of Flexibility, Creativity, and Being Prepared!

(12/11/20)Phyllis Pollack

Recently, I conducted two mediations that revealed the importance of flexibility, creativity, and being prepared.

David Watkinson

Confidentiality – Seamless or a Thing of Shreds and Patches?

(12/10/20)David Watkinson

What happens at a mediation stays in the mediation (except so far as necessary for enforcement of the settlement). So mediators are taught and so they inform the parties.

Kathleen Kauth

Objectivity is Imperative

(12/04/20)Kathleen Kauth

Most conflicts are dealt with successfully by the individuals involved without outside help.

Natalie Davis

Research Looks at Meaningful Ways to Promote Intergroup Contact

(12/04/20)Natalie Davis

This article evaluates the study looking at why intergroup contact occurs; while much research is devoted to the benefits of intergroup contact, the authors here decided to look into why some might avoid intergroup contact, and how we might encourage intergroup contact to then reap those benefits.

Ronald S. Kraybill

Take Charge Gracefully

(12/04/20)Ronald S. Kraybill

Sometimes you have to be tough and pushy in conflict. You will end up being irresponsible in certain roles, like parenting and some forms of leadership, if you are not able to do this.

Farzana Kanji

ADR Options

(12/02/20)Farzana Kanji

ADR can take place in so many different forms such as mediation, arbitration, negotiation, to name but a few and there are so many different techniques you can use, with the assistance of a third party, in order to ensure a successful outcome. 

Jared Lee

ODR and Virtual Mediation: High Conflict People in Online Mediation

(12/01/20)Jared Lee, Andressa Bortolin

Now that online mediation has become normalized, how have mediators handled the shift? How does in-person mediation differ from online mediation and what have mediators done to capitalize on those differences to excel in virtual mediations? What is the future of online dispute resolution (ODR) and virtual mediation? This article focuses on the aspects of dealing with High Conflict Personalities when in an online mediation process.

Jason Rosen

Let’s Settle This Online

(12/01/20)Jason Rosen

The benefits of online mediation for personal injury disputes. Much attention has been given to online mediation, in addition to other types of online dispute resolution (ODR), as it has seen widespread acceptance as of late due to restrictions on in-person gatherings. Is that acceptance forced in light of the need to keep claims moving forward with no viable alternative, or are parties finding that online mediation may, in fact, be preferable to face-to-face in some cases?

Phyllis Pollack

Difficult Conversations

(12/01/20)Phyllis Pollack

Recently, a friend of mine challenged me to write a blog about how to survive Christmas/Hanukah/Holidays dinners considering our recent election. Some will be happy while others will be distraught at the results; yet we will all be sitting around the same table (virtually?) breaking bread together.

Lorraine Segal

Healing our Divisions in Troubled Times

(12/01/20)Lorraine Segal

How can we heal the deep divisions in our country? How do we talk to each other with compassion and empathy across our differences?

Cinnie Noble

Do You Always Like You?

(12/01/20)Cinnie Noble

There are times many of us interact in ways we're not very proud of. It may be because we are reacting to what someone is saying or doing.

Sean Gander

How Can American Democracy Survive its Latest Conflict?

(11/23/20)Sean Gander

The world is watching one of the most divisive periods in American history.

Roseann Vanella

Holiday Parenting/Custodial Time during COVID-19

(11/23/20)Roseann Vanella

When considering whether or not to bring a child to a holiday gathering (such as Thanksgiving dinner at Grandma’s house for example), these and other factors need to be taken into consideration.

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