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“What Should I Wear?” - Making Choices and Online Dispute Resolution To The Rescue
Steve Jobs famously wore the same black turtleneck, blue jeans and New Balance sneakers every day. Do you know why?
Negotiation will not Fix Sexism
Let’s start with the obvious–it pains me to realize that negotiation can’t fix everything.
Conflict Management Lessons from Improv Theater
Can the rules of improv theater help us with conflict?
Remembering Mediator Irvin P. Foster
Irvin P. Foster, who mentored and inspired many mediators, died on September 5th. ISCT Coordinator, Janet Mueller, shares the following remembrance of him.
“When Patterns are Broken, New Worlds Emerge”
The relevance of this quote by Tuli Kupferberg to interpersonal conflict may not be immediately evident.
Court Ordered Mediation and Informed Consent
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."
Book Review of Evolution of a Field: Personal Histories in Conflict Resolution
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.
Top 5 Co-parenting Apps for Mediation
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.
Health Systems and the Benefits of Early Dispute Resolution
Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help.
Working with Financial Neutrals
One of the hardest problems that a divorcing couple may face is how to divide up marital property.
The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?
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.
“Double Hatting” under Med- Arb: A Comparative Analysis
Over the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community.
How Much Money Does Mediation Save Companies?
By turning their faces from the legal system, many companies have saved fortunes in the money and time that legal proceedings require.
Do You Love Yourself Enough So No One Dares to Hurt You?
This article is a mantra for those who are navigating difficult conflicts.
Managing and Resolving Conflicts in Remote Teams
Handling remote teams can become quite a challenging task at times, especially when a conflict arises.
Domestic Violence and Family Mediation
Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.
What Commercial Trial Lawyers Can Learn from Transactional Lawyers About Mediation
Why should we be surprised by litigators acting like litigators whether in court or in mediation?
What Would *You* Have Done?
What would you have done, if you were a violence prevention specialists?
Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help
Here are a few examples of the tensions that arise across financial, operational, and commercial agreements.
Difficult People
One of the first questions a mediator must ask herself is whether she should take a specific case?
Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland
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.
Mediation and the Evolution of Democracy: Inventing Interest-Based Responses to Lying, Demagoguery, and Fascism
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?
Transcendent
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?
What are the Qualities of a Good Mediator? - video
Have you ever asked yourself, what are the qualities of a good mediator?
ERRR On the Human Side of Mediation Encompassing Empowerment, Recognition, Reflection and Respect
This article is an open invitation to the Opposing Party.
What I'm Reading
Being retired from teaching and faculty meetings leaves time to do other things. Here are the books I've been enjoying.
Mediation and Business Crisis in Italy, 2021. Where's the training?
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.
Bellwether Mediations As An Alternative To Bellwether Trials
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.
“My Story” Featuring Cristina Pereyra-Alvarez, Retired Judge, 11th Judicial Circuit, Florida
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.
The New Plan for the Academy of Court-Appointed Masters
Helping People Become Special Masters and Special Masters Assist the Administration of Justice: The New Plan for the Academy of Court-Appointed Masters.
Introducing the Mediate.com Podcast
We’re excited to finally share the news: we’ve launched a new Mediate.com Podcast, hosted by our good friend, mediator Veronica Cravener!
Forum Video: Final Report of Mediate.com Task Force on Online Mediation
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.
Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics
"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."
Bring Five Percent more Compassion to Conflicts
Bringing five percent more compassion can really make a difference in conflicts.
The Mediator as a Choice Architect
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.”
Divorce Done Differently!
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.
"Never Ruin an Apology with an Excuse"
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.
Your Student is Headed Back to In-person Learning – and There May be Things to Fear that Have Nothing to do with COVID-19
A leading mediation expert and international best-selling author cautions that a year of pent-up frustrations; could cause students to blow.
SHOVEL 5 - Whose Fear is it Anyway
Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.
Ronald Melin Supancic - A Memorial
Each breath we breathe is an invitation to live more fully, more consciously, more attentive, and more aware.
Why Have a Disclosure Protocol for Mediation?
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?
Congratulations, IOA! 1,000 Members!
Mediate.com would like to celebrate the International Ombudsman Association's 1,000th Member!
Mediate.com Adopts Online Mediation Practice and Ethical Standards
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.
Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction
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.
Paths Forward for Online Mediation - 8 Primary Recommendations
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:
Paths Forward for Online Mediation - Index of Resources
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.
Q&A with Hon. Irma E. Gonzalez (Ret.)
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.
Eight Tips for Mediating High-Profile Construction Disputes
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.
Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources
Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.
Dance of Opposites - Book Review
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.