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New Jersey Statute Regulates Settlement Agreements
Many New Jersey mediators consider it their responsibility to encourage parties’ counsel, when drafting an MOU memorializing a settlement agreement at the end of a mediation, to include words to the effect that, while further documentation is contemplated, the parties agree to be bound by the terms in the MOU.
Self-Blame in Conflict
It happens for many of us that we take on the whole responsibility of our interpersonal conflicts – to our detriment.
What Challenging Workplace Behavior Are You Dealing with in the New Year?
For the past year, Conflict Connections and MH Mediate have been developing a set of resources to help people address the ten toughest behaviors at work – everything from gossip to bullying, harassment, and hostile work environments.
Name Your Anger
Disagreements often start when someone doesn’t want to discuss something or take a necessary action, and someone else accuses that person of avoiding.
The Fault Lines of the Contemporary Political Divide - Part 3
This article by Milan Slama and Ken Rasmussen is the second part to discuss the current political divide.
Core Negotiation Skills: Tools for Resolving Complex Political Disputes and Other Seemingly Intractable Disputes
The attempted negotiation concerning the government shutdown and border security is viewed by many as a tragedy of historic proportion, serving up examples of hubris, ignorance of established negotiation practices, and brinksmanship.
Will More Harassment Training Ever Work?
A new study has claimed 44% of UK business directors haven’t had any training on workplace harassment.
Green Book’s Insights Into a Deeper Diversity
Abraham Lincoln had a simple approach to achieving diversity: “I don’t like that man. I must get to know him better.”
The Fault Lines of the Contemporary Political Divide - Part 2
This article by Ken Rasmussen and Milan Slama is the second part to discuss the current political divide.
Companies Need You!
Workplace mediation disputes are increasing and changing. To be prepared for this growing field, mediators should look at what skills they will need.
Wanted: Diverse Divorce Practitioners. Why Diversity is Good for All of Us
Couples from all backgrounds can benefit from help from diverse family law practitioners.
The Hypothetical or Trial Balloon Tactic
When on a recent cruise, I had a real lesson in negotiating!
Control Emotions Better by Labeling Them
When we want to control emotions better in the midst of a difficult conversation, we may try to ignore the unwelcome emotion or try the opposite, indulge it.
Pew Charitable Trusts Calls for Standardization of US Court ODR Programs
The Pew Charitable Trusts (“Pew”) has reportedly issued a call for the establishment of a national body to standardize online dispute resolution (“ODR”) procedures in civil courts across the United States.
The Place of Mediation: New Interview with Jeff Krivis
New interview with mediation leader and author Jeff Krivis by Robert Benjamin as part of Mediate's new "The Place of Mediation" video series.
Mediation Essentials – Case Study of Delhi High Court Rules
What can you do if you think your case cannot be resolved by mediation?
Community Mediation Funding
NAFCM announces new funding agreement with JAMS.
Conflict in the Mediator’s Backyard
The article is drawn from my experience as a mediator living in a community with other residents.
Lost in a Conflict Story
You can’t heal a conflict if you get lost in your own story.
Ten Things Government Should Do to Make Mediation Effective in India
As a young republic, India and Indians have stepped up to the challenge and have successfully come within sniffing distance of setting up all the essential and necessary infrastructure that one has accustomed to associate with a modern, economic superpower of the 21st century.
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.
The Place of Mediation: New Interview with Don Saposnek
This is a new interview with Don Saposnek, long-time leader in the field of divorce mediation and best supporting the interests of children in divorce, by Robert Benjamin as part of Mediate's new "The Place of Mediation" video series.
Mediation As An Effective ADR Mechanism
In this article, Anveksha Padhye does a critical analysis on whether mediation is an effective ADR mechanism or not.
Kickboxing Provides a Lesson for Mediators
There are three aspects of being, which the martial arts aim to develop: Body, Mind, and Spirit. This article draws the parallels between these concepts in kickboxing and mediation.
Embodied Conflict - Chapter II. The Neural Encoding Function
Embodied Conflict presents the neural encoding function in layman’s terms, outlining seven key characteristics and exploring their implications for communication, relationship, and conflict resolution.
Introduction to Embodied Conflict: the neural roots of conflict and communication
Embodied Conflict presents the neural encoding function in layman’s terms, outlining seven key characteristics and exploring their implications for communication, relationship, and conflict resolution.
Building Blocks of Mediation, Communication, and Feedback
As I reflect on my 20 years in the mediation field things always seem to point to a few common denominators of why I am sitting at the table attempting to help others facilitate a meaningful and productive discussion.
Appropriate Distance: A Reliable Path to Forgiveness
There always are red flags that relationships are heading in the wrong direction.
What's Aspiration and What's Bullying?
There’s a thin line between a high-performance workplace with high expectations and an organisation poisoned by bullying.
Maybe, It’s Not As Bad As You Think
There are times when I’ve found myself reacting poorly to something another person says or does and then, discover I misinterpreted their intent.
Federal Court Sends Data Privacy Dispute to Arbitration
This article when the court stated an unconscionability claim failed because the arbitration requirement was made clear to readers of the subscriber agreement.
Mediation vs. Litigation for High-Conflict Divorce
A practicing mediator and retired judge explains why mediation may be a better option than litigation for high-conflict cases.
The Fault Lines of the Contemporary Ideological Divide - Part 1
This article discusses the ideological divide looking at conflict from both a mediator's (Part 1) and a therapist's perspective (Part 2).
Two Shrewd Legislative Negotiators / Mediators
This is a little-known story of how Barbara Jordan mediated a comprehensive agreement on immigration policy.
How Can We Sell The Mediation Product If We Haven’t Worked Out What It Is?
I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up.
Using Neuroscience to Understand Stress and Improve Mediation
This article explores how neuroscience can help mediators understand the physiologic stress response, its impact on individuals involved in conflict, and how to structure mediation to minimize the negative impact of the stress response.
Evaluative Mediation-- Elephants in the Room?
This article explores in relation to “evaluative” or “advice-giving” mediation, what are possible working descriptions, typologies, variations, expressions used, diagnosis and suitability, advantages and disadvantages, and common hurdles.
Mediation in Child Protection Cases
This article illustrates the use of mediation in child protection (juvenile dependency) cases, a practice that has increased substantially in America’s juvenile courts over the past five years.
Confused Conversations
Sometimes when we’re faced with a difficult conversation we over-think it and try to anticipate every single objection that can be raised, or every difficult response we have to make, or every completely unanticipated tangent that “complexifies” the whole conversation.
When the Truth about Santa Claus Causes Conflict
Mediators should be very aware of how cultural differences may affect the belief systems of the people that participate in conflict resolution processes and how the conflicts they are involved in come about.
An Exploratory Study Based on USA Marriage Mediators’ Views
This is a study on models of helping couples stay married. Please find enclosed a letter of invitation to the study.
The Place of Mediation: New Interview with Ken Cloke
New interview with mediation leader and author Ken Cloke by Robert Benjamin as part of Mediate's new "The Place of Mediation" video series.
2018 BBB Complaints Against Mediation.com
This article reviews numerous 2018 Better Business Bureau (BBB) complaints brought against a different company: Mediation.com.
Should Retired Judges Mediate?
Why use judges to mediate? This is a frequent question and an understandable one, given the relatively high cost of scarce judicial resources and the already heavy demands on judges' time.
A Strong Foundation in Canadian Collaborative, Consensus Processes
Why is collaboration so important in today’s world?
Becoming Ourselves
This article discusses how we can give ourselves permission to be in conflict and make mistakes on our way to becoming ourselves.
How Three Geniuses Solved Workplace Conflicts
It is fascinating to trace how management has been resolving conflicts arising in production over the past 100 years, how production management developed.
Strategy v Policy
For quite a while a staff member had requested more work on “policy,” anticipating that working on policy would provide greater qualifications for a promotion.