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April 23 Forum on the Global Growth of Mediation
How do we best support the growth of mediation around the world? This Forum will share the perspectives of panelists from Nigeria, Argentina, Russia and India to compare and contrast the experiences of online mediation and training in developing mediation cultures.
Preparing the Next Generation of Professors of Environmental Studies
This article identifies four approaches to environmental policy-making or problem-solving.
Does Your Work Culture Promote Psychological Safety?
Psychological safety is an important element in successful, productive work cultures. So what does that look like?
Paul M. Lurie on Guided Mediation
Guided Mediation is a collection of best practices and tools in actual use that increase mediation efficiency, get earlier settlements, reduce legal and consultants’ fees, and minimize business disruption.
5 Smart Financial Tips to Plan a Divorce
It can be easy to get so wrapped up in the details of the present you forget about what is next. Do not make that mistake!
International Patent Litigation and Mediation
As many of you may know, mediation is not used as often as it should be to resolve international patent litigation. But is this also the case within the industry?
How you Approach a Disagreement Matters
Separation is challenging; going through a separation during a pandemic can be more challenging.
The History of Mediation and Why It Is Still in Use Today
To understand mediation, you must examine the reason behind having a mediator.
Amendments to the LCIA Mediation Rules, 2012 – Keeping Up with the Changing Times
Mediation, in general, is a more informal and less widely used procedure than arbitration.
Mediate is Top Ranked Mediation Website
Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.
Finding a Remedy When in Conflict
“Don’t find fault. Find a remedy.” (Henry Ford) While Henry Ford’s quote might well apply to making cars and running a business, it also has application to our interpersonal disputes when one of the common things many of us do is find fault with the other person.
Mediation Confidentiality: Misconceptions, Pitfalls, and Best Practices
CPR’s Mediation Committee presented Los Angeles mediator Jeff Kichaven on the limits of mediation confidentiality at a March 16 online program that provided attendees with cutting-edge and occasionally controversial practice guidance on confidentiality, and avoiding neutrals’ liability disclaimers, as well as ethics continuing legal education credits.
Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-Absorption
While debriefing immediately after a co-mediation, an interesting question arose: “Does a reflection always have the same function regardless of the context?”
Sometimes the Answer is "No"
Mediation is often considered the best option to work out a conflict and salvage a relationship.
Trust and Rapport - ODR Style!
One of the most important things a mediator must do- if not the most important- is to build trust and rapport with the parties. In pre-Covid days, this was a bit easier; the mediator could sit face to face with each party and schmooze.
The 2020 Tax Conundrum: Questions Facing Couples Whose Divorce is Pending
2020 has been a year of too many upsets, too many uncertainties, and too many confusions.
Shovel 3: The Big One
In getting ready to continue digging up the return of Traditional Mediation, I read Rachel Gupta’s article on this site and I am grateful to her for writing it.
Using Text Messages and Emails in Mediation, Family, or Divorce Court
A guide on best practices related to the collection and use mobile evidence and the software options available best suited to assist.
Virtual v. In-Person Hearings in a COVID World and Beyond
Prior to the pandemic, virtual hearings for labor-management arbitration and mediation were rarely used but since its start and acceleration, virtual platforms are now the dominant forums for arbitrations and mediations. Will the adoption of virtual interactions continue after the pandemic or will in-person approaches return?
The Relevance of Mediation in the Modern Workplace
Disagreements are a part of human nature. As long as people exhibit diverse traits stemming from different experiences, their opinions will differ.
The 5 Benefits of Executive Conflict For Your Business
Executive conflict provides an opportunity for leaders to pause, reflect, and grow exponentially.
20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations
In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.
[PODCAST] ADR can be a “Win-Win” Solution for In-House Counsel
In this podcast, Laura highlights how a well-crafted clause can be essential for an organization in achieving fair, resource-efficient outcomes, especially as courts continue to face backlogs.
The Power of Gratitude
Why do you think so many people do not feel gratitude? How would you articulate why a simple emotion can be so elusive?
ADR & Activism Through Art - Maya Angelou and Frida Kahlo
This article focuses on creativity and negotiation role models.
The Muddy Time
Some of us call it the muddy time. It’s the time in between the decision to divorce and when the actual divorce is made final.
Questions and Questioning within the Conversational Framework
Mediators mostly focus on differences between open-ended and pointed questions, Yet, there is much more to questioning and question-asking than that.
Top Ten Cognitive Biases and Distortions in Mediation
“You can’t always get what you want, but if you try sometimes, you get what you need.” The Rolling Stones, Let It Bleed, 1969
The Singapore Convention on Mediation - Where’s Europe?
International commercial mediation - what a settlement agreement can do.
Confidentiality and Protecting Client Data in an Online Environment
Protecting client confidentiality is critical, not only to protect your business’ reputation but also to adhere to strict legislation around safeguarding data.
Drafting Mediated Workplace Agreements
To enhance communication flow and joint involvement in certain decision-making areas, agreements need to be well planned-out.
How to Manage In-Laws Post Divorce
When I got married, I found that one of the strangest transitions wasn’t to being newlyweds or calling him my husband but was more related to my new in-laws. I think that often in-laws, especially mothers-in-law, have gotten a bad rap in popular culture.
How Mediation Can Make Divorce Easier on Your Family
Getting divorced can take just as big of a toll on the kids as it does the adults involved. Fortunately, divorcing parents can help to mitigate the negative impacts of divorce on the entire family in a few key ways, namely with mediation. Learn how mediation can work for your family here.
Helping Kids Adjust to Life When Parents Go Through Divorce
If you are going through a divorce, one of the most significant concerns you may have is the effect it has on your children.
Affect in Methods of Dispute Resolution
The paper addresses affect in its philosophical aspect, proposing a rational reflection on the individual perceptions of each party involved in a conflict, in order to analyze how this affection influences the methods of dispute resolution.
A Short Story: How My Friend Destroyed Their Bullies
When a friend told me how he overcame a bully, my curiosity peaked, and I asked him to show me how he defused a situation like that.
ODR Survey--Your response requested
James Claxton is requesting your response to his ODR survey.
Announcing Youth Conference -- Free for Students
Mediate.com is excited to announce a youth voices conferences, focused on 6 sessions spread out over multiple time zones, sharing strategies for advancing dispute resolution around the world.
Managing Expectations to Avoid Conflict
Expectations are part of living as a human being. If we are in a relationship, we expect to be treated a certain way.
One Year Later: Zoom Fatigue
Almost one year ago, life for most of us changed irrevocably: we went from commuting to and from our offices and fighting traffic to commuting between our bedrooms and “home” offices and fighting over internet access.
Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, Part 2
In this post, I explore more aggravating, and avoidable, behaviors that may upset or undermine the mediator and the mediation process.
Be Open like Oprah and Candid like Chrissy
This article discusses the framing piece of how you talk and what makes people want to listen.
Don't Look Where You Fall
“I’ve learned so much from my mistakes. I’m thinking about making a few more.”
Peace is Possible
This is a haiku supporting the workers in Hungary as they work toward establishing peace.
Progressive Discipline, the Misunderstood Frontier - Part 3
Given this is our third article in this series the reader is reminded in our previous article we examined the overreaction on the manager’s part to disciplining employees. The focus of this article is to examine some of the challenges associated with training the management staff and agents.
Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases
When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.
Practical Tips for Presumptive ADR Participants: Five Do's and Don'ts for Pre-Mediation Statements
In light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs.
ADR Principles and Clergy-Congregation Relations
It is likely that a large majority of clergy who serve congregations are hired, re-hired or terminated by the vote of the individual congregation.
For Ombuds Moving Online
Software should be smart enough to support you and not be a time-suck. That is why we call it a platform and not a canyon.
Mediate.com Announces 5 Online Mediation Training Forums
Forrest (Woody) Mosten, Task Force Chair, and Jim Melamed, Mediate.com Board Chair, invite you to participate in five (5) open Forums seeking to further Online Mediation Training. See the Forum Schedule and Register!