Mediation 20/20: Top 101 Videos
These "Top 101 Videos" are presented as
part of Mediate.com's 25th Anniversary Conference.
The Conference website is at www.mediate.com/Mediation2020
Top 101 Videos
These Top 101 videos have been selected by Mediate.com's editorial staff as representative of innovative thinking from leaders in the field of mediation, and of Mediate.com's development, over 25 years.
Concerns and Optimism for Future
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.
Value-Based Mediation
Carrie Menkel-Meadow talks about her early experiences with Gary Friedman and their efforts to bring humanistic psychology to law. The value-based mediation process still informs her practice.
Concerns: Credentialing and Bridging Gaps between Mediators of Color with Other Mediators
Homer LaRue discusses his concerns of mediators not getting into the field because of the credentialing process, specifically persons of color not getting into the field, and bridging the gap between mediators of color and the "high-volume, high-quality case users".
Hopes for Future of Mediation
Margaret Shaw talks about what she hopes to see in the future for mediation: that mediation in schools will make a difference; certification regulations will form slowly, so as not to lose the flexibility of the field; that there will be an increased emphasis on collaboration in society.
Interview with David Hoffman
This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Gender and Culture in 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.
Arbitration Conversation No. 1 - Amy Chats with Svetlana Gitman
In this episode of Arbitration Conversation Amy speaks with Svetlana Gitman of the American Arbitration Association
Interview with Richard Salem
This is the complete interview by Robert Benjamin with Richard Salem, a pioneer in the field of mediation and dispute resolution, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
Evaluative Approach
Zena Zumeta explains the difficulties she sees with using an evaluative approach. However, she sees how it can be useful in a dispute where there is a power imbalance.
Mediators Not Making Big Enough Difference
Bernard Mayer explains that his biggest concern is that mediators are not making a big enough difference in larger, current conflicts. He offers two reasons for this.
Start in Mediation
Maxine Baker-Jackson describes that coming into mediation was a natural.
Working with People Who Don't Want to Negotiate
Roger Fisher explains that when one party doesn't want to negotiate, talk to others around them to find out their motivations, interests, concerns, and worries.
Demonstrating Reflective Practice
Michael Lang describes an account where he was teaching reflective practice, a practice that enables mediators to be more aware of their own methods and why they are using them.
Advice to Aspiring Mediators
Marvin Johnson provides advice he would give to those wanting to come into the field: one must like people, have flexibility and patience, timing and intuition.
Conflict Management in Other Countries
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.
Arbitration Conversation No. 4: Amy Interviews Prof. Benjamin Davis of University of Toledo College of Law
In this episode Amy Schmitz interviews Ben Davis about diversity in arbitration, with a particular focus on the new Diversity and Inclusion Policy that was recently issued by ICCA (the International Council of Commercial Arbitration).
Mediation Skillset is Essential For Our Survival
Kenneth Cloke discusses the significance of mediation and how the world needs to learn these skills in order for us to survive as a species.
Successful Mediation Techniques in Complex Disputes
Joe Stulberg shares how great mediators he's observed are very analytical and have a sense of pragmatic creativity.
Problem Solving vs. Transformative Mediation
Chris Moore talks about mediators who are problem solvers and those who attempt to transform the relationships and moral views of the parties; Moore's position is somewhere in the middle.
Field Combined Law and Social Work
Jay Folberg describes early on in the field when he, as a lawyer, collaborated with psychologists and social workers and they learned from each other.
The Mediators - Views from the Eye of the Storm Vol. I
This two hour-long program features 31 of the most experienced mediators in the world. This is a "highlight" film of compelling commentary from pioneers and leaders in the field of mediation.
Mediation Past, Present, and Future
Howard Bellman speaks of how the mediation field has become more mainstream, though it's original intention was to be more radical and counter-culture. He believes the field will continue to grow.
Eye of the Storm Leadership
This is a video introduction to "Eye of the Storm Leadership" by Peter Adler, Ph.D. - 150 Ideas, Stories, Quotes, and Excercises On The Art and Politics of Managing Human Conflicts. See the book and complete video at www.eyeofthestormleadership.com
Why I Became A Mediator
Carrie Menkel-Meadow talks about how winning law suits did not bring about the change had hoped for. There was a lot of resistance. She realized that negotiating consensual agreements was the way to get lasting results.
Participatory Democracy is Motivation to Mediate
Bernie Mayer describes his motivation as a mediator which involves promoting participatory democracy, empowering people to control the outcomes of the crises in their own lives.
Remembering The Keystone Conference
This video highlights portions of The Keystone Conference sponsored by Mediate.com in 2010.
Mediation vs. Arbitration
Tom Stipanowich talks about the arbitration process being taken out of contracts while being replaced with mediation or litigation processes.
Humor, Rapport, and Experience
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.
Transcending Mediation Models
Don Saposnek describes how different mediation models, while they may have different qualities and values, are often blended together by experienced mediators.
The Mediators: Family Mediation Edition
The Mediators: Family Edition features 27 of the most experienced family mediators in the world. Sections include: Inspiration, Techniques In The Room, Supporting Children, Styles And Models, The Future, Training & Certification
Mediating Families Are Closer Post-Divorce
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.
Narrow v. Broad Problem Definition
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.
Mediation and Leadership with Philosophies
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.
Asking Questions Instead of Giving Opinions
Michael Lewis talks about argument prevention by asking questions instead of giving opinions within a discussion.
Skills of Successful Mediators
Linda Singer talks about how senior mediators achieve success: listening skills, gaining trust, discovering peoples' interests, spending the time with people, building relationships.
Interview with Jeff Krivis
New interview with mediation leader and author Jeff Krivis by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
Interview with Don Saposnek
This is a new interview with Don Saposnek, long-time leader in the field of divorce mediation and best supporting the interests of children in divorce, by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
Interview with John Ford: The Future of Workplace Mediation
This is an interview by Dr. Clare Fowler, current Mediate.com Managing Editor, with John Ford, the first Mediate.com Managing Editor and a well-known HR and workplace mediation specialist.
John Lewis Speech and Interview
From April 2006: Video of Congressman John Lewis, long-time Georgia representative and national civil rights leader, receiving the ABA Dispute Resolution Section's Lifetime Achievement Award at the Section's annual meeting in Atlanta. See both John Lewis' powerful presentation and Mediate.com's following interview.
Introducing Clients to Zoom Videoconferencing
This video can be sent to clients who will be meeting online, familiarizing them with the process, and discussing confidentiality concerns.
Negotiation is Replacing Litigation
Randy Lowry discusses how some have been resistant to mediation education, but how it has been successful in changing legal processes and preventing litigation.
Early Views of Field
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.
Reflective Practice: In Their Voices Video Conversation Project - Interview with Sue Bronson
Mediator Sue Bronson doesn't rest upon the familiar, but takes what she knows and applies it in new innovative ways. In this 44 minute video, Sue and Michael Lang discuss screening techniques.
Laila and Tara Ollapally Interview - Mediation in India
This is an interview with Laila and Tara Ollapally discussing the history and present state of mediation in India, and what opportunities they see over the next 10 years.
Interview with Ken Cloke
This is a new interview of mediation leader and author Ken Cloke by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
Interview with Howard Gadlin
This is a new interview of Howard Gadlin, long-time leading Ombudsman at UCLA and the National Institute of Health (NIH), by Robert Benjamin as part of Mediate's video series "The Future of Mediation and Negotiation in Our Culture, Politics and Society."
Interview with Nina Meierding
New interview with Nina Meierding by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
Challenges of Institutionalizing Mediation
Frank Sander talks about the challenges institutionalization presents: trying to build on what's good without impairing the quality of the practice, becoming part of the court system without courts taking over mediation.
The Perfect Mediation (humor video)
The Perfect Mediation is a 4 minute video showing how easy mediation can sometimes be. Be sure to to check out all of our continuing education offerings at Mediate.com University.
Authenticity in Relationships Increases Chance of Peace-Building
John Paul Lederach speaks of the importance of authenticity when building relationships with parties. In his book, he poses a challenge to those who respond "we don't have a voice" in answering the question of why the peace process has been inauthentic.
Views on Future of Mediation
Randy Lowry speaks of the developments in the mediation field he foresees: more educational programs in schools, more institutions, more agencies practicing mediation, growth of programs, program expansion at Pepperdine, contribution to medical field.
When a Moment of Genius Struck
Marvin Johnson talks about a specific case he was asked to mediate - he was able to settle when others felt it was an impossibility. From the outcome, he felt a "moment of genius".
Background: Family and Religious Influences
David Hoffman describes how his family background contributed to his social values and his tendency to be conflict avoidant.
Ombudsman vs. Mediator
Howard Gadlin discusses the difference between a mediator's role and an ombudsman's role. Ombudsman uses mediation as a tool, but their role is to assist a group of people within an organization to identify the organization's policies and regulations that are causing internal conflict, then make recommendations.
Ability to Mediate Cases Involving Domestic Violence
Clarence Cramer shares his disagreement with those who say that domestic violence cases cannot be mediated.
Changing Lawyers' Understanding of Resolving Disputes
Leonard Riskin saw certain unahappiness in law schools that he linked to the adversarial process of settling disputes. Instead of a win-lose scenario, he attempted to help lawyers see and use mediation as a way to open their minds to a more positive process that would satisfy parties' underlying interests and needs.
Megatrends in Technology
Colin Rule speaks on megatrends involving technology at the Keystone Conference, October, 2006
Presentation of An Evening with Mary Parker Follett by Albie Davis
Albie Davis presents "An Evening with Mary Parker Follett" at the "Celebrate Our Work" Recognition Event of the Association for Dispute Resolution of Northern California.
How Mediation Started, How it's Different
Stephen Erickson shares his view on how mediation came about and its benefits compared to the adversarial process.
Mediating the Skokie-Nazi Conflict
Richard Salem briefly discusses mediating the Skokie-Nazi conflict through the organization CRS (Community Relations Service).
ABA Presents Mediate.com with Institutional Award
The 2010 American Bar Association (ABA) Lawyer as Problem Solver Award was presented to Mediate.com on April 9th at the American Bar Association Section of Dispute Resolution Awards Dinner in San Francisco.
Multi-partiality: An Effective Position for Mediators in Resolving Disputes
Chris Moore explains partiality, neutrality and multi-partiality, the latter being the goal of a mediator's position. He explains multi-partiality within contexts of spousal abuse mediation and exploitation within a third world country.
What Success is in Mediation
Howard Bellman describes what he does to be successful in resolving a dispute. He uses the term "(doing) just enough" to end in a settlement.
First Mediation was Riot in Rochester
Bill Lincoln describes his effectiveness in his first mediation experience, helping to quell a riot in Rochester.
Moments of Genius
Margaret Shaw describes what is happening in a mediation when she feels "in the groove" of mediating. For her, this feeling comes from feeling connected with clients, having a deep understanding of what the issue is, being aware and knowing intuitively where to go next.
Relative Lack of Minorities in Field
Marvin Johnson speaks to why he believes there is a lack of people of color in the mediation profession. He claims much of it has to do with organizations not being welcoming.
Mediation as a Force for Social Change
Howard Gadlin discusses his view of the mediation field early on. He felt that his interest in activist issues went along with the field, by using it as a force for social change, addressing questions of justice, and making democracy more meaningful and participatory.
Should Court Mediators Be Lawyers?
Frank Sander discusses how ironically, there has been an ongoing battle within the court system of whether or not mediators need to be lawyers to practice within the courts. Sander voted they didn't need to be lawyers, which was the majority opinion.
Interview with Peter Adler
This is a new interview with public policy mediation leader Peter Adler by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
Mediate.com Services Video from 2012
This is the Mediate.com services promotional video from 2012.
CaseloadManager Introductory Videos
Here are a couple of Clare Fowler's videos introducing CaseloadManager to the dispute resolution marketplace.
Get Busy, Get Paid! with Randy Lowry
This is the promotional trailer for Randy Lowry's "Get Busy, Get Paid" course, the first recorded course that Mediate.com offered!
Maximizing Mediation - An Experienced Mediator's Favorite Techniques
In this course, experienced mediator Jim Melamed shares his favorite techniques and strategies to help participants through the mediation process.
Ideal Qualities of an Effective Mediator
Michael Lang describes some of the qualities a mediator should possess: self-awareness, knowledge of theories and literature, and continual self-education.
John Helie: ACR Award and Words of Wisdom
John Helie receives the ACR Mary Parker Follett award. The introduction discusses the history of the mediation field and the part that John Helie played. In his acceptance speech, John shares his wisdom with those just entering the field and those who are long-term mediators.
Developing Intuition in Mediation
Peter Adler describes the art of mediation and how it takes a development of intuition to recognize what a mediator should say and when he/she should say it in a mediation session.
Moments of Genius
Donald Saposnek details the moments when he feels the most effective and competent while mediating. He uses the basketball analogy of being 'in the zone' by strategic maneuvering.
Mediating With Intuition
Howard Bellman talks about mediating in stressful circumstances where politics, personality, and/or emotions are high. Gifted mediators combine talent and training to be able to handle those situations in an intuitive way.
Awareness of Unaddressed Race/Ethnic Issues in Field
Marvin Johnson describes what he has tried to do to increase awareness about race and minorities in the field: hold workshops, talk about his experiences, and write about it.
Interview with John Lande
This is an interview with John Lande, a leading academic in the fields of law and mediation, by Robert Benjamin as part of Mediate's "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
"We Are Not a Field" with Peter Adler
As part of his assigned role on this panel presentation, Peter Adler discusses how conflict resolution is perhaps not a field at the Keystone Conference.
Beginnings of Divorce Mediation
Marilyn McKnight discusses the history and beginning of the divorce mediation field.
Leonard Riskin: Importance of Self-Awareness
Leonard Riskin discusses mediating with mindfulness. He emphasizes the importance of the mediator being aware of his/her thoughts, emotions, and sensations that may arise which can affect the mediation.
Andrew Schepard: Challenges Within Family Mediation
Andrew Schepard discusses challenges within family mediation: domestic violence, cultural differences and parties' expectations of the mediator, and a need to pre-screen violent parents.
Cognitive Approach Includes Reducing High Emotions
Larry Fong explains his cognitive approach of reducing high conflict or highly emotional clients in a dispute so they can be better decision makers.
The Power of Apology
Carl Schneider speaks of the significance of apology and its power to heal damaged relationships by acknowledgement and taking responsibility.
Legal Process of Arbitration vs. Mediation
Peter Robinson discusses differences between legal arbitration and mediation - mediation being the more effective process.
Spiritual Side to Mediation
Zena Zumeta speaks to the spiritual dimension of the work she does - how helping people learn how to respectfully and effectively be a part their workplace and family is a sacred task.
Interview with Roger Fisher
This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
Interview with Frank Sander
This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Interview with Sid Lezak
This is the complete interview by Robert Benjamin with former US Attorney and mediator Sid Lezak shortly before his death as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediators Use Instinct
Howard Bellman talks about how little training and literature there was about mediation and being trained by senior mediators who used their instinct, which led him to mediate by instinct.
The Three Phases of Alternative Dispute Resolution
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.
"Are We a Field?" with Carrie Menkel-Meadow
This is a Mediate Inside Video, highlighting a conversation from the Keystone Conference. In this presentation, Carrie Menkel-Meadow discusses the question: Are We a Field?
Interview with Bill Lincoln
This is the complete interview by Robert Benjamin with mediation pioneer Bill Lincoln as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Interview with Colin Rule - 2011
This is the complete interview with former Ebay and PayPal dispute resolution director Colin Rule as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Institutionalization Brings Loss of Vitality
Jay Folberg discusses that with institutionalization, the field is becoming more focused on practicing a profession and trying to become more lucrative instead of how it was - a more creative social movement.
Influential Childhood Experiences
Sid Lezak relates some of his early childhood experiences in Chicago that he believes may have lended to his interest in accommodating others, negotiating, and 'getting along'.
Passion Needed to Mediate
Stephen Erickson emphasizes that mediators must have passion in order to continue the difficult task of peacemaking.
Mediating With Bullies
Albie Davis explains that she is okay with mediating with bullies and describes different types of bullies.