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.
As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.
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.
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.
Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.
(8/29/20)NAFCM, D.G. Mawn
The National Association for Community Mediation discusses the importance of having a vulnerable vision, and standing up for it.
(8/28/20)Richard Barbieri, Bernard Mayer, Richard Susskind
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?
(8/24/20)Andrea Maia, Gregg Relyea
This article discusses the "Community Spread" of Mediation in a Post COVID-19 World.
(8/20/20)Lucia Kanter St. Amour
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.
Is there something more I could do, as part of the human community that might make a difference?
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.
(8/13/20)Pragya Sharma, Muskan Yadav
This article follows the history of mediation and how that foundation relates to its current state.
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."
(8/02/20)Nadja Alexander, Lela Love
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.
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.
(7/31/20)Roger Moss, Carole Conn
Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19
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.
(7/30/20)Kenneth Cloke, Joan Goldsmith, Rosemary Howell, Alan Limbury, Valeri Primo-Lack
Leadership is a skill. It is something everyone does at multiple points throughout their lives, whether they consider themselves leaders or not.
(7/30/20)Aloysius Goh, Sean Lim, Samantha Lek, Megan Tay
Humbling as it may be for adults to admit, the sages who can unlock the Golden Age of mediation may actually be the youth.
(7/29/20)Carrie J. Menkel-Meadow
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 metaphor of an iceberg has commonly been used as a metaphor about conflict.
(7/28/20)Ava Abramowitz, Kenneth Webb
After 47 empirical studies, the American Bar Association Dispute Resolution Section’s Task Force report, “Research on Mediator Techniques,” was perplexing.
(7/28/20)Emma-May Litchfield, Danielle Hutchinson
As insights and priorities continue to emerge from the data from the 2016-17 Global Pound Conference, its unique value becomes increasingly apparent.
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.
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Conflict is inherent and pulsating in every situation or aspect of life.