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UNCITRAL Completes a New Mediation Framework, Based on the Singapore Convention
Earlier this month, the United Nations Commission on International Trade Law adopted the UNCITRAL Mediation Rules, the UNCITRAL Notes on Mediation, and the Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation.
Use This Tool to Talk About COVID19
With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.
A Conversation About Whiteness and Mediation
FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?.”
Fight, Flight, or Freeze....Conflict Responses are Very Personal
How do you respond to conflict? It is very personal, and is based on millions of experiences that have shaped each person.
ADR is Not a Household Term
This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public.
Implicit Bias is Everywhere!
Recently, I discussed an empirical study conducted by University of Hawaii Professor Justin D. Levinson and Mark Bennett, U. S. District Judge (ret.) on 239 sitting federal and state judges regarding their implicit bias towards “largely favored minority groups”.
Peace Is Possible - a haiku
This haiku discusses the power of simple and basic communication.
The Long Term Psychological Effects of Divorce on Children
Growing up is complicated enough on its own. Having parents' divorce can make it even harder. To avoid the psychological effects of divorce on children, parents should go through the process gracefully.
Implicit Bias in Judging!
Recently, I attended a Zoom presentation sponsored by the American Jewish Committee San Francisco entitled, “Judging Implicit Bias: The Role of Implicit Bias in Judicial Decision-making.”
The Emotional Embrace
One beautiful morning my toddler was playing in his Cozy Coupe toy car when it was time for me to take him to playgroup.
Mediation and Lawyers
A common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am I going to have to hire a lawyer?”
New UK Report on Mandatory ADR
The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances.
Southern Maryland CMC’s Support Conversations on Race and Privilege
Constructive dialogue is essential in our world today, and indeed, transformative. It has the ability to open our eyes to the pain of others as well as our own.
Acknowledging Mistakes at Work
One of the big issues that creates conflict at work and interferes with harmonious relationships, is many people’s inability to acknowledge their own mistakes.
UN Insolvency Work Finds Help with Mediation
The United Nations Commission on International Trade Law adopted a simplified insolvency regime that recommends mediation to resolve disputes between financial sector creditors and small debtors during its 54th Session.
Who Should You Call When in Conflict?
Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?
Power of Mediation in Virtual Classrooms
The COVID-19 pandemic has changed numerous areas of our lives, including education.
How to Avoid a Rough Argument
When you’re arguing, the worst thing that you can do is expect one person to come out of the argument victorious.
Now More than Ever, Creativity is Needed in Divorces
We live in an uncertain world where things can change radically at the drop of a hat. We experienced this last year in a huge way with the Covid-19 outbreak.
Immigration and Conflict Resolution
This article examines this author's perspective on immigration from a conflict resolution perspective.
What I Learned About Conflict from Cheetahs
In the middle of the desert and savannahs, and in big and small cities – far from home – it feels we are defined only by our presence in the moment.
Mediation Briefs and Preparation
Why do mediators request briefs from the parties? No- it is not just to learn about the case.
Cats' Advice on Maintaining Our Mental Balance
A light-hearted comparison of mediators and cats.
What is a Mediator?
The common attribution to the word ‘Mediator’ is one who is neutral, one helps to resolve or one who helps to balance the power to create a space for negotiation and navigate through barriers created by perspectives.
1992 Watts Gang Truce
There are multiple instances where there is conflict without resolution. However, we can see examples in the gang truce where resolution has been possible.
Say That Again – Six Ways to Harness the Power of Your Words in Mediation
When you encourage and compliment your clients, you will discover the power of your words in the mediation process.
3 Strategies for Effective Co-Parenting
Above all, remember that co-parenting is about your kids.
Definition of Transparent
A successful leader will be able to strategically provide information to staff to help them fill in the blanks about changes occurring in the business world.
Disruptions, Disputes, and Dialogue: What Just Happened?
Let’s reflect on our experiences, the mistakes we made, the lessons we learned and the conflicts we resolved.
How Many 'Brewdogs" Out There?
BrewDog is the latest ‘name’ brand to hit national news headlines for the worst of reasons: former staff coming together to ‘expose’ what they claim is a toxic culture of fear, bullying, and lies.
Things fall apart. How to respond?
Like it or not, there’s no going back to the old ways of leading and managing. We must expand the skill set of leaders at all levels.
Mediation in the Field of Business and Human Rights
Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international).
Conflict Escalation
One thing that all humans can agree upon is that we make assumptions. Whether we like it or not it is part of our nature.
Confirmation Bias: Something Mediators Need to Appreciate
As far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years.
A Protocol for Online Mediation
So here is a proposed Protocol for online mediation; the mediator should:
Shovel 4 - Diminished - Tradition reduced
As the fence grows larger, traditional mediation is further diminished by all the versions in the current culture.
Business Interruption Insurance Claims and COVID-19
In a democracy, there exists a presumption of freedom to operate within the context of the law.
Certainty Does Not Equate to Accuracy!
In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.
Charting a Middle Course for Court-Connected Mediation
I wrote this article growing out of the lively discussion in a program on fairness.
Live or virtual? Is the Future Here to Stay? Born of necessity. Driven by ease.
Many have come to appreciate, even love, the ease, convenience, flexibility, time and cost savings associated with meetings, hearings, mediations, arbitrations and conferences conducted via video conferencing technologies such as Zoom, Teams and others.
An Affirmative Higher Social Responsibility Duty to Serve Systemic Social Change through System Design
This article reflects on a panel discussion that took place on April 14, 2021, as part of the ABA Dispute Resolution Section Virtual Spring Conference, titled "Dispute Resolution Pandemic Pivot: Systems Design for Socioeconomic Inequality issues.”
For Family Cases Involving Reports of Intimate Partner Violence, Shuttle and Videoconference Mediation Are Safe, Effective and Preferred by Parents
In a randomized controlled trial of family cases involving parents reporting high levels of intimate partner violence (IPV), parents felt safer in and were more satisfied with shuttle and videoconference mediation than litigation.
Insurrection, Demagoguery, and the Mediation of Political Conflicts
Following the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before.
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
ADA Mediation Guidelines
The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act
Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODR
RSI’s Director of Research, Jennifer Shack, and Professor Shestowsky are working with the Pew Charitable Trusts to evaluate online platforms that courts are using to assist parties in engaging in mediation and negotiation.
Retaining Your Assets in Divorce
After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.
Do You Model Conflict Competence?
“Setting an example is not the main means of influencing others; it is the only means.” ~Albert Einstein
Stress, Depression, and Heart Attacks: What Poor Management Does to Employee Health
We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.