(10/25/21)Lucia Kanter St. Amour
Steve Jobs famously wore the same black turtleneck, blue jeans and New Balance sneakers every day. Do you know why?
Let’s start with the obvious–it pains me to realize that negotiation can’t fix everything.
Can the rules of improv theater help us with conflict?
Irvin P. Foster, who mentored and inspired many mediators, died on September 5th. ISCT Coordinator, Janet Mueller, shares the following remembrance of him.
The relevance of this quote by Tuli Kupferberg to interpersonal conflict may not be immediately evident.
Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination."
(10/21/21)Donald T. Saposnek
This book review of Evolution of a Field: Personal Histories in Conflict Resolution, co-edited by Howard Gadlin and Nancy A. Welsh, presents an overview, with snippets of personal and autobiographical material, of this penetrating collection that comprises the “personal stories” of 23 leading practitioners and scholars in the field of conflict resolution.
A good co-parenting app helps parents feel focused and organized heading into mediation. Here are the best co-parenting apps so you can choose the right one for your family.
Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help.
One of the hardest problems that a divorcing couple may face is how to divide up marital property.
I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways.
Over the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community.
By turning their faces from the legal system, many companies have saved fortunes in the money and time that legal proceedings require.
This article is a mantra for those who are navigating difficult conflicts.
Handling remote teams can become quite a challenging task at times, especially when a conflict arises.
Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.
Why should we be surprised by litigators acting like litigators whether in court or in mediation?
What would you have done, if you were a violence prevention specialists?
Here are a few examples of the tensions that arise across financial, operational, and commercial agreements.
One of the first questions a mediator must ask herself is whether she should take a specific case?
(10/11/21)Charlie Irvine, Jonathan Rodrigues
The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.
Nearly 2500 years ago, Plato warned that “Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty.” Why should this be the case?
I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?
Have you ever asked yourself, what are the qualities of a good mediator?
This article is an open invitation to the Opposing Party.
Being retired from teaching and faculty meetings leaves time to do other things. Here are the books I've been enjoying.
On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.
Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement.
When asked what advice she has for the next generation of ADR professionals, Mrs. Pereyra-Alvarez says, "Always go in with an open mind. Always believe that you are going to resolve the case, no matter what." This is a biography of her career path.
Helping People Become Special Masters and Special Masters Assist the Administration of Justice: The New Plan for the Academy of Court-Appointed Masters.
(10/01/21)Veronica Cravener, Colin Rule
We’re excited to finally share the news: we’ve launched a new Mediate.com Podcast, hosted by our good friend, mediator Veronica Cravener!
(9/28/21)Forrest (Woody) Mosten, Clare Fowler, Jim Melamed, Colin Rule
This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force on Online Mediation. This video features Woody Mosten, Colin Rule, Clare Fowler, Jim Melamed, Tara Ollapally, Bruce Edwards, Donna Silverberg, Susan Guthrie, Angelia Tolbert, Michael Aurit, Tricia Jones, Michael Lang and John Sturrock.
"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."
Bringing five percent more compassion can really make a difference in conflicts.
One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled “Self-Determination.”
As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving. Mediation may not even be an option in your mind, but it should be.
This quote by Kimberly Johnson is a good one to consider when it comes to asking forgiveness, giving an apology, and otherwise trying to make amends.
A leading mediation expert and international best-selling author cautions that a year of pent-up frustrations; could cause students to blow.
Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.
Each breath we breathe is an invitation to live more fully, more consciously, more attentive, and more aware.
I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?
Mediate.com would like to celebrate the International Ombudsman Association's 1,000th Member!
(9/21/21)Colin Rule, Jim Melamed
One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, Mediate.com has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation effective January 1. 2022.
(9/20/21)Jim Melamed, Forrest (Woody) Mosten
Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.
(9/20/21)Jim Melamed, Forrest (Woody) Mosten
In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:
(9/20/21)Clare Fowler, Colin Rule
This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.
Judge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator, special master/referee and neutral evaluator. In honor of Hispanic Heritage Month, we spoke with Judge Gonzalez about how she started in ADR, her accomplishments, the challenges that she’s faced and her advice to younger generations.
Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues.
(9/19/21)Forrest (Woody) Mosten, Jim Melamed
Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.
(9/18/21)Ron Supancic, Kenneth Cloke
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The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.