Leadership Section
Leadership Articles
It Happened in Mediation - Believe It or Not
The authors have peeled back the protective cloak of confidentiality just enough to provide a glimpse of the wild, the unpredictable, and the utterly preposterous things that have happened in real mediations.
What Not to Say After Violence
An Important Choice: What to Do and Say After Violence?
ADR and Religion
What is the relevance of religion to ADR? This question is very different to considering the relevance of ADR to religion.
The Power of Silence
While I have known that silence can be a powerful tool in my mediation tool box, I never really thought about until I read a recent article posted on the BBC news website called “The subtle power of uncomfortable silences."
Access to Justice and ADR
A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.
Negotiation - Part 6
Exploders make up the second category of difficult people; but they are totally opposite from the Snipers we looked at before.
Bill Richardson: America’s hostage negotiation strategy is broken
"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."
Interesting China Conference
An upcoming mediation conference looks like it will be very educational.
We Need Science Diplomacy!
My colleague, Professor Paul Berkman, has launched a Science Diplomacy Center at Tufts University. This is a campus-wide initiative coordinated through the Fletcher School of Law and Diplomacy.
The Effective Crisis Communicator: Prepare Like a Navy SEAL
Crisis and hostage negotiators, as well as other law enforcement personnel, continually find themselves involved in crisis situations where the pressure is placed on him or her to peacefully resolve an incident.
A User's Guide to Joint Fact Finding — "JFF"
Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.
Winning
In the analyses of this week's budget deal, whether from the politicians of both parties or from the pundits, mostly we are hearing about which side scored the most points.
A Pop-Up Mediation: Multi-Party Dialogue Using Mediation Brexit: A Constitutional Crisis?
On the evening of Tuesday March 28th 2017, a pop-up mediation event on Brexit took place at the Grassmarket Community Centre in Edinburgh.
Mediating in the Shadow of Faith: Personal Beliefs, The BATNA Analysis, and Dealmaking
This is a fictional story based on fact, teaching an example about mediation.
Lawyers as Peacemakers and Changemakers
Lincoln famously wrote: As a peacemaker the lawyer has a superior opportunity of being a good man.
Can Your Beliefs About Someone Alter Their Behavior?
If you believe someone is aggressive, could they behave more aggressively with you than with others?
Bullying in the Workplace: How to Respond Effectively
This article explores the concept of bullying in the workplace and how to respond to it more effectively.
Achieving a Balanced Relationship between Mediation and Judicial Proceedings in the European Union
This article identifies four distinct mediation models that EU Member States have used in implementing the Directive: Full Voluntary Mediation; Voluntary Mediation with Incentives and Sanctions; Required Initial Mediation Session; and Full Mandatory Mediation.
Disputing at a Panchayat Meeting
When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.
Whose Privilege Is it Anyway?
This article discusses which privilege law governs in the context of enforcing a settlement agreement when both federal and state law claims are involved.
New Jersey Mediation will Create a Hub for Mediation of International Disputes
David Weiss, the Director of the Institute for Dispute Resolution (IDR) at New Jersey City University. , is interviewed by Laura A. Kaster, President of the Justice Marie L. Garibaldi New Jersey Alternative Dispute Resolution Inn of Court.
Peace is a Tough Sell
Peace is, and will continue to be, a pain in the butt.
Hawaii Bill Would Require Mediation Prior to Sale of Kuleana Land
A member of the Hawaii State House of Representatives has reportedly introduced a bill that would require mediation for certain real estate transactions occurring in the state.
Two Smart Principles for Resolving Everyday Disagreements
Not all disagreements require long talks to resolve them sufficiently.
Think With Your Hands for Better Problem Solving
New research is challenging the notion that thinking, problem solving, and decision making take place strictly in the head. And finally giving me some credibility when placing interactive toys in the middle of my mediation table.