Leadership Section
Leadership Articles
The Role of Restorative Practices in Effectively Addressing Gender Discrimination and Harassment in the Workplace
Numerous federal and state laws prohibit gender discrimination and harassment in the workplace. Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender.
Zoom Fatigue Uncovers Mediators' Secret Weapon
As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.
Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and Policy
As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves were sold, and street names that bear the scars of slavery.
Mediation, Neutrality, Political Conflicts, and the 2020 Elections
In the US, and in different ways in countries around the world, we are now facing five, and perhaps six significant crises, each with its own distinct set of conflicts.
Using Assertive Communication as a Way to Prevent Conflict in the Workplace
Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.
NAFCM Vulnerable Visions
The National Association for Community Mediation discusses the importance of having a vulnerable vision, and standing up for it.
Thoughts on Addressing Racial Injustice
This work juxtaposes an announcement by AAA-ICDR with articles that promote dialogue to address racial: 1) Are We Ever Neutral? Should We Be? 2) Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election 3) What's the Right Thing to do When You are Really Angry About What's Happening in America?
Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: South America
This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
How Understanding Neuroscience Improves Mediation
This Primer in Neuroscience, Emotions and how they impact decision-making, along with understanding the myth of rationality, can help mediators navigate difficult moments in mediation and steer parties towards a productive path.
I am no good at making masks, so how can I pitch in during the pandemic?
Is there something more I could do, as part of the human community that might make a difference?
Mediation and Covid19 Share the Same DNA: Liminality and the Adjacent Possible.
The facilitative/ humanistic mediator has a more ambitious goal through the process of containing the parties in a supporting common space until the adjacent door opens to reveal a path forward.
The Changing Landscape of Mediation vis-a-vis Singapore Convention on Mediation
This article follows the history of mediation and how that foundation relates to its current state.
Why Mediation Advocacy Training for Attorneys?
My friend and colleague, Daniel Weinstein, said it best when he observed, "In a world in which less than 1% of cases end in verdicts, it is surprising that lawyers prepare elaborately for a trial that will never occur, yet feel that the only preparation required for mediation is a good night’s sleep."
Seven Keys to Unlock Mediation’s Golden Age - The Introduction
Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future.
Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution
This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.
Housing, Transforming Community in Times of COVID-19
Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19
1st Key-Leadership: Adopt The Edinburgh Declaration
At the conclusion of a recent conference, following superb presentations emphasizing the value of principled and interest-based negotiation by William Ury and Scotland’s First Minister, Nicola Sturgeon, almost 100 mediators signed the "Edinburgh Declaration," an inspirational expression of belief and commitment. The Edinburgh Declaration explains why we mediate, something that is rarely publicly expressed.
1st Key-Leadership: Establish Strong, Collaborative, Mediative Leadership
Leadership is a skill. It is something everyone does at multiple points throughout their lives, whether they consider themselves leaders or not.
1st Key-Leadership: The Youth Shall Lead Us
Humbling as it may be for adults to admit, the sages who can unlock the Golden Age of mediation may actually be the youth.
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.
The Conflict Iceberg
The metaphor of an iceberg has commonly been used as a metaphor about conflict.
2nd Key-Data: Bring Objective Science to Mediation
After 47 empirical studies, the American Bar Association Dispute Resolution Section’s Task Force report, “Research on Mediator Techniques,” was perplexing.
2nd Key-Data: Run the Global Pound Conference (GPC) Series Every 5-7 Years
As insights and priorities continue to emerge from the data from the 2016-17 Global Pound Conference, its unique value becomes increasingly apparent.
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.
REACH the Three Components of Self-Determination
Conflict is inherent and pulsating in every situation or aspect of life.