I write this just days after the death of the infamous Queen of Soul, Aretha Franklin.
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
(9/24/18)Jan Frankel Schau
Follow, if you will, the mediation of a sexual harassment claim to learn the basic principles of mediation.
Attending a mediation requires making difficult decisions.
In the past few decades, California has led a national shift in paradigms for family conflict resolution that has freed trial courts to do what they do best—ensure due process of law and serve as the court of last resort.
After an introduction to the historical aspects of dispute resolution, this article discusses the relevance of Online Dispute Resolution (ODR) methods for a smooth transition to the Internet Age.
Es articulo es un Descripcion de objetivos e identificacion de la institucion.
In order to be more effective in mediation, the story of the case must be told just like the unfolding of a movie or book. Like any story, there is a common structure that has a beginning, middle and end and is broken down into three acts.
This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.
This article covers Restoring Community Day held in 2017, including plans for the upcoming Community Day to be held in October 2018.
Many of us revisit conflicts and other interactions in our heads – and sometimes many times – wishing we had the opportunity to do it again.
(9/17/18)F. Peter Phillips
This historic Chinese summit discussed discussed implications of the Belt/Road Initiative, announced five years ago.
One of the tools I use frequently with conflict coaching clients, as well as for myself, is affirmations.
As a non-lawyer who teaches in law schools, I have been brought into the “justice” conversation many times. I am asked: How can you be sure your online systems will deliver justice?
On January 1, a new California law will take effect; it will require a lawyer to make sure their client understands the implications of California's legal protections for mediation communication.
On September 11, 2018, Governor Jerry Brown signed in a law which will require attorneys to inform their clients of the confidentiality restrictions related to mediation.
(9/12/18)L. Randolph Lowry
This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.
"Keep calm and carry on" is generally a mantra I refer to when I am in the mediation room.
When one ignores one’s own emotions, to maintain face, or to increase hopes for immature peace, the likelihood for an unexpected emotional burst, by oneself, or by the other, increases.
This discusses the article "Inside the Mind of the Client."
Most people don’t want to be wrangled into doing something you want but they don’t. Here are three ways to turn them into your problem-solving partners and dissolve resistance.
Would you call yourself a people-pleaser?
(9/06/18)Ronald S. Kraybill
Do you know people who get upset and insulted easily?
This sample Agreement to Mediate now incorporates the confidentiality of digital communications with participants and their advisors.
In franchise disputes, lawyers and parties who search for mediators drill down on mediators’ professional backgrounds, often paying the most attention to whether potential mediators have previously represented franchisors or franchisees.
By following some simple tips and committing yourself to being the best co-parent possible, you can help to ensure your children thrive during and after the divorce.
The main difference with family mediation is that, opposed to going through lawyers, you are encouraged to speak directly to each other.
It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.
"Thank you for listening to me and my side of our dispute and for disagreeing with me in the gracious way you did--" I learned so much from those words.
When I ask clients why they let a problem go on for so long before addressing it, a common reply is, “I was afraid I’d create more conflict by raising it.”
(8/31/18)Michael A. Zeytoonian
When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.
(8/24/18)Sandeep Bhalothia, Vizita Singh
Sulh or amicable settlement has a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia.
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.
(8/24/18)Dr. Lynne C. Halem
The attached articles highlight further effects of the tax reform, one specifically focused on Prenuptial Contracts, and the second more generally on family financial decisions.
This article discusses topics that often come up in Evaluative Mediation trainings: A selected number can be included in a course on evaluative mediation, and exercises used to assist “learning” of those topics.
Labels are increasingly being used to leverage support for group identities and ideals.
No doubt, at some point in your life, you have wanted to take revenge against someone who “did you wrong”.
Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.
This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
If a parent wants to set their child up for success, they should strive to teach them how to handle their emotions in a healthy way.
The theme of the article is that while we might be neurologically and sociologically primed to “Fight or Flight”, we can choose another way and thereby reduce the conflict in our lives.
Construction projects often produce disputes. Mediation can help resolve such disputes, quickly, confidentially, and efficiently. This Article offers ten tips for success in mediation.
Nature Deficit Disorder, a phrase coined by Richard Louv in his book, Last Child in The Woods, is used to describe the impact that urbanisation along with the technological era has had, in reducing the time children are having in nature, nearby nature.
This article discusses how Italy has approached the initial mediation session.
Interestingly, since beginning of this series of posts several months back, the topic of seeking greater respect and civility in our political and social interactions has ratcheted up significantly, even becoming mainstream!
It is common to attribute the term ‘values conflict’ as the reason for dissension between us and another person and we may say such conflicts are not resolvable.
(8/15/18)Ronald S. Kraybill
In training with the Thomas Kilmann or my Style Matters conflict style inventories, you have an option to use either a paper or online version. I used to be ambivalent about this choice, but no more.
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
Your mediation summary can make the process easier both for yourself, but also the mediator.
(8/10/18)William Scott Harralson, J.D.
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In April 2018, the U.S. Justice Department implemented a new “zero-tolerance” policy for the detention and arrest of undocumented immigrants. This article discusses how mediation techniques can be used to handle such a difficult situation.