All Articles
New Articles
NEW: Mediate.com - APFM Video Series
Mediate.com and the Academy of Professional Family Mediators (APFM) have worked together to produce 4 new online video courses Check out the trailers for all 4 of these new courses and then order at www.mediate.com/University. Note the special holiday pricing of only $199 for all 4 courses this month only!
Beyond Solutions
Mediation, like other forums where leadership is called for, can be a hard business, not for the faint of heart. On the other hand, every once in a great while, something magical, unplanned, and unexpected happens and the room is suddenly filled with hope and light.
Stop Being a Damned Fool
Many lawyers are frustrated with their actual clients at times and are tempted to tell them the same thing – and sometimes do.
Mediation Certification: The Sparrow and the Peacock
Having taught mediation skills for over twenty-five years and, more recently, having developed an online mediation training curriculum, it’s only natural that I stand as a zealous proponent of mediation training.
Q&A: Kidnapping and Extortion: Just another day at the office
Michael A. Guidry is the founder of Guidry Group, a security services company, dealing in kidnapping and ransom.
Findings from an Evaluation of Eight Foreclosure Mediation Programs
One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.
Even More Conflict Resolution Tips
Following up on two previous articles, this article taps into 24 years of mediation experience and provides divorcing couples with tips that will help them navigate their divorce and mediation process in sane and healthy manner and will help them stay in control of the process.
Essential Tips on Writing an Effective Mediation Submission
Mediation and the written agreement has become integral to the litigation process and offers avenues through which disputes can be settled amicably.
Conflict is All in the Mind--or is it?
I think that there is a lot of confusion in the field about how the vagal nerve and our instinctual responses affect us when we are in conflict--specifically how does the vagal nerve respond when we are scared in conflict?
Comparative Data on Mediator Directory Websites
According to new data from Alexa.com, Mediate.com is most visited and most linked mediator directory website.
How Indigenous Voices Can Get Lost in Mediation
This article focuses on how differences in communication styles and in world-views can lead to Native Americans not being heard or understood in mediation; and some thoughts on how to address this problem.
Liberia, Its Poverty Recovery Strategies and Failures, and Why Its Pro-poor Agenda will Fail if Lacked Future Perspectives
This article discusses Liberia's path to peace and liberation, 1871 - 2017.
Legal Stress
This post provides excerpts from my research summarizing significant stresses affecting each of these groups and notes resources and ideas for dealing with them.
Interruption and Self-Determination
Chaos? A mediation out of control? A weak mediator? I don’t think so.
Conflict Can Lead to a Heavy Heart
Since the 1300s the adjective heavy – referring to the heart – has been used in the sense of “weighed down with grief or sadness”.
Every Dispute is Two Disputes
The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.
Saving Homes, Building Understanding
This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.
Mediation Dance-Writing
Sometime between 480 and 221 BC during China’s Warring States Period, a general named Wu wrote a short and now widely read treatise on how to win a big fight. The highest excellence, he said, is the “sheathed sword,” achieving your goal without fighting.
This Mediation Failed. Or, Did It?
This article poses the question of how to evaluate success and failure of mediation.
How to Deconflict Situations for One's Personal Benefit
Whether loved, despised, or a stranger, conflict causes anxiety, increases tension of blood and causes inconvenience.
Mediation, Mediator, Mediation
Mediation has an identity issue - but it’s not its fault.
If You'd Only Told Me
Had we known about the other person’s perspective and experience about us things may not have gone on so far and become as difficult.
Anticipatory Governance: Do You Know What It Is?
I finally found the right phrase to describe what city planning is, and what city planners do. Planners provide ideas, analyses and organized settings in which governance (i.e. collaborative problem-solving) can take place.
Happy Thanksgiving !!!!
Thanksgiving was a few days ago, and I want to take this opportunity to wish everyone a very Happy Turkey Day!
How to Get the Most from Mediate.com
This PDF presentation reviews the major sections of Mediate.com, including content, resources, getting cases and Mediate.com services.
How the Mediator Gains the Parties’ Trust
The first step in gaining mediation parties' trust is demonstrating mastery over the process.
Pump the Brakes
The ability to resolve conflicts with one another is a critical life skill, especially in today’s challenging world.
Is the Einstellung Effect Interfering With Your Problem Solving?
The Einstellung Effect is a cognitive trap that prevents us from seeing better or simpler solutions to problems we’re trying to solve. Here’s how to recognize it and reduce its effect.
Good Work Meetings Promote Harmony, Lessen Conflict
How can well run meetings reduce conflict and promote harmony at work?
Carrying the Weight of Conflict
It often seems that we carry a heaviness in ourselves – our hearts, our heads, our whole beings – when we are in conflict with another person.
When Did Bullying Stop Being Something that Only Happened in the Playground?
It's Anti-Bullying Week; and bullying is now just as much synonymous with workplaces as with problems at school.
Mediate.com Recognized as a Top Attorney Directory for SEO!
Now entering our 24th year, Mediate.com is recognized as a Top Law Firm Directory.
Interview with Ken Cloke
This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediation Myths: Barriers to the Use of Mediation
Despite a record of success, in some quarters mediation continues to receive skeptical treatment as an unnecessary step in dispute resolution.
Scorched Earth Clients: Mediating with High Conflict People
You have met them if you have been mediating for any length of time: High Conflict People.
Mediator Engagement in Politics – and other things we care about
In his thought-provoking new book, Politics, Dialogue and the Evolution of Democracy the legendary Ken Cloke reflects on an exchange between two distinguished American authors, Lawrence Susskind and Bernie Mayer, reflected upon here.
Free Expert Interviews for the 10 Toughest Behaviors at Work – Challenging Workplace Behavior Summit
Whether it’s gossip, harassment, or time-sucking interruptions we have all encountered challenging behaviors in the workplace. Have you ever wished you knew what to do when they happened?
A Clear Description of Confidentiality in Mediation
Privacy is an important element of mediation--this article helps to define it.
7 Traits of the Modern Sociopath and Psychopath
You hope to never negotiate or engage a subject with anti-social personality disorder but if you do, you better know about their common traits and symptoms.
Forget the “Carrot and Stick” Approach!
Over the years, many people have told me that they sometimes use the “carrot and stick” approach as a negotiation tactic.
Zealous Advocacy Can Kill
His divorce was going really badly: aggressive lawyers on both sides, court battles and blame-ridden affidavits!
Mr. Rogers and the Power of Persuasion - Video
This video discusses the history of arguing and ways to make it more effective.
Family Feud? Use Eldercaring Coordination for High Conflict in Eldercare
This article distinguishes elder mediation and eldercaring coordination, and discusses the benefits of eldercaring coordination for high-conflict cases.
Mediator as Judge
When trained as a mediator, the first thing I learned was that mediation is a client-driven process.
What Should You Ask Your Mediator at the Initial Session?
What I offer in this article is some thoughts and ideas of questions that may be helpful to ask at your initial consultation with your mediator.
Dishonesty
I’d wager we’ve all had a friend or family member share one of their new creations with us (maybe a poem, or an article, or a intending-to-be-funny youtube video) and ask, excitedly, “What do you think?”
The Power of Trying in Conflict Management
The power of trying often gets a bad rap in today’s culture.
Satisfying Our Clients’ Emotional Due Process Needs
Emotional due process. What is that, exactly?