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Feelings and Conflict at Work
Being prepared for feelings at work helps us to deal with them, instead of letting them escalate.
New California Law Prohibits Pre-Dispute Employment Arbitration Agreements
California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.
Advice for Divorcing Men: Common Mistakes in Divorce and How To Avoid Them
One of the most common mistakes in divorce is making promises too soon--here are a few others.
I’m Sorry..There is nothing that could justify what happened on Saturday morning, nothing
This is the latest in what seems an unending stream of tragic officer involved shootings and killings of people of color in Texas and around the country.
A Teacher’s First Mediation Experience Over One Semester
This story unveils my initial exposure to the mediation process through the intakes done weekly for students experiencing conflict in a college setting. Over the course of a semester it becomes evident to me that learning to do intakes properly is important to successful mediation.
The Reality of Impasse: Show me the money!
It is funny how sometimes the stars align to suddenly highlight an issue that was nowhere in my conscious brain before then.
Mandatory Minimums and Plea Bargaining
Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?
Message Gleaned About Conflict From a Tweet
A few months ago, I posted a quote on Twitter that a colleague sent me because she thought I’d like it. And I do.
Reintroducing Mediation To Millennial India - Part 2
Mediation requires an entirely different branding approach—away from being a charitable amenity in court, towards becoming a commercially viable service.
The Anchoring Effect
The anchoring effect is a form of bias in favor of the first piece of information we hear during a negotiation, often the other person’s goal.
7 Benefits of Mediation Programs in Higher Education Institutions
There are many forms of mediation and environments in which they occur, but a place that proves extremely beneficial for mediation takes place in an educational setting.
It Ain’t My Fault: How Best to Manage Workplace Conflict
Workplace conflicts sometimes make me think of a song by the country-music duo Brothers Osborne called “It Ain’t My Fault.”
Academy of Professional Family Mediators (APFM) to Livestream November 7-9 Conference
For the first time, a national family mediation conference will be broadcast live, online, across the United States and around the world, via LiveStream.
Family Mediation 2.0 - Integrating Online Capacities
Dramatic changes are coming to family mediation programs and practices in the U.S. In the court context, The National Center for State Courts (NCSC) and the Pew Charitable Trusts (Pew) are now leading the way to expand online access to justice, including online dispute resolution (ODR).
“Are You Kidding Me!?”: Bringing Humor to the Mediation Process
Mediation is a serious process where serious conflicts are seriously addressed by serious people.
Changing the Way I Handle Verbal Attacks
One of my personal challenges is how to deflect and master my in-the-moment reactions to verbal attacks.
Transforming the Healer-I
How can we assist the healing of a broken world when we ourselves are far from healed?
Trucking Company Will Pay $22,500 and Make Policy Changes to Settle Disability Discrimination Lawsuit
Transport America was fined $22,500 and they will need to make changes to their policy on service animals.
Choose the Road Less Traveled in Conflict
Are you stuck in a rut in your relationship with someone?
The Good and Bad of Anger in Negotiation!
I wonder whether the use of anger in negotiations is helpful or harmful.
What I Wished I Had Known: Lessons from Mediation and Life
After more than 16,500 mediations inside and outside of the court system, dozens of organizational interventions, executive coaching, and overall collaborative problem solving, I have learned some hard lessons about what works and what doesn’t.
Mediate.com Launches MediateIndia! Proven Bridge Between Professional Mediators and the Public
Mediate.com, the world’s most visited dispute resolution site and most used mediator directory, has launched MediateIndia! CAMP, based in Bangalore, is the Foundational Sponsor for MediateIndia!
The Roots of Intolerance and Opposition to Compromise: The Effects of Absolutism on Political Attitudes
With increasing political polarization in the United States, political absolutists are halting the practice of compromise and collaboration for their Congressional representatives.
A Guide: How to Collect Text, Message, Phone and Email Evidence
This article is aimed at clients working with collaborative practitioners, therapists, or legal counsel who need to document text message and email conversations for evidence or as a reference, a summary of what to document, and how to document so that what is captured will be admissible, if required.
Trust At Work
Brush up on your workplace conflict resolution skills--and build up some trust in your employees.
WorkPeace: Get Curious
If you work in Human Resources or manage employees then you will no doubt be involved with resolving conflict at your workplace.
Sometimes, It Pays to Pretend Anger!
Mediation is a voluntary process in which each party is to make her own uncoerced decision.
TED talk- Did Your Lawyer Mention Multi-door Dispute Resolution System?
33 million cases are pending in the courts of India as of 2019--what is the answer?
Use of Mediation During Divorce Proceedings in India
In this blog post, Saakshi Jain, student, Amity University, Lucknow Campus writes about Mediation, a must and compulsory process in India. This post also covers the need, advantages, and disadvantages of mediation and its impact on Indian divorces.
Interview with Bruce Edwards - The Future of Mediation and Mediation in India
This is a new interview of Bruce Edwards by Mediate.com's Managing Editor, Dr. Clare Fowler. Mr. Edwards discusses the growth in the field of mediation generally and the growth of mediation in India specifically.
Mediation in Domestic Violence Case: Whether to Use or Not to Use? – An Indian Perspective
In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.
Effective Communication Makes for Optimal Mediation - Part 2
This article discusses why communication matters during family separation.
Talking About Conflict
Why would team members want to discuss a sensitive member with someone they don't know?
Trusting an Online Mediator: It May be Easier than You Think
Trustworthiness is a notable mediator trait.
Culture Differences
During a recent discussion of ethics, I asked whether it would be proper to hide information.
Characteristics of Quality Court ADR Programs
What characteristics do you think are shared by quality court ADR programs? I took a swing at a list here. What would you add? Change?
Mediation Approaches: We Don’t Have Science, So Let’s Have Principles
The research on mediation approaches shows a connection between transformative methods and the best outcomes on all levels.
US Appeals Court in “Manifest Disregard” Claim Instructs Arbitrator to Clarify “Irreconcilable Determinations”
I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.
Reintroducing Mediation To Millennial India
For mediation to flourish into the future, mediation practitioners and lawmakers in India need to rethink the nation’s policies and strategies in promoting mediation to a generation of millennials.
Comparing Mediation And Lok Adalat: Toward An Integrated Approach To Dispute Resolution In India
To resolve litigated disputes, Indian courts are using a variety of modern methods, including mediation, and traditional methods, including Lok Adalat, on a broad scale. Lok Adalat (the "people's court") is derived from the ancient panchayat system of justice, where panchas, village elders, helped people resolve their disputes.
Arbitration in India
In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions.
Mediation in India
D .K. Sampath provided mediation services through the Tamil Nadu State Legal Aid & Advice Board in India. In this article he reflects on the use of mediation to resolve workplace disputes in the banking and insurance industry.
A Dent in the Universe
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
Ideas, Ideologies, and Inferences
Differences arise due to contrasting goals and demands and due to inability to perceive and acknowledge the stand of the other person.
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.
Thought Synergy Trajectory in Conflict Management
"Between the Fact and Non-Fact is the Conflict," this statement is so blatantly simple that one wonders why we have not been able to dwell on this and recognize that this pulsating split second wonder can have appalling or astounding consequences.
Effective Communication Makes for Optimal Mediation - Part 1
This article is a look at the implications of communication skills in the context of family mediation and recommendations.
The Mediator's Toolkit: Formulating and Asking Questions for Successful Outcomes
Mediators need to formulate and ask incisive questions that challenge entrenched thinking and shift perspectives.