All Articles
New Articles
Charlie Young Interview - The Future of Mediation
This is an interview with Charlie Young by Clare Fowler discussing how mediation principles can be applied in schools and prisons.
Reframing: A Conflict Resolver's Superpower
Mediators also have a range of powers, and I believe that “reframing” is our equivalent of flying.
Benefits of Volunteer Mediation
As a legal professional, it’s your job to pick sides. Whether you’re a lawyer fighting a case or a paralegal gathering the evidence to back it up, your aim is to make a strong argument for your client.
Burying the Hatchet
In some research I did a few years ago, I found that the initial altercation or even a set of circumstances that started tension between many people can begin a trajectory that escalates over time (even if no external conflict occurs).
Break & Repair vs. Preventive Maintenance in Workplace Conflict
Are you waiting until relationships are broken to deal with workplace conflict? Tip: this is not the most effective way to deal with disagreements and problems!
Online Dispute Resolution: A Primer
Online Dispute Resolution (ODR) is not a new concept and has received significant scholarly attention.
Bernie Mayer Interview - The Future of Mediation
This is an interview with Dr. Bernie Mayer by Robert Benjamin discussing the field of mediation.
How Do You Handle a Pathological Liar at Work?
Have you ever worked with someone who talked about experiences that seemed far-fetched, but you couldn't pin down what was off?
Watch Out for the Non-Verbal Cues!
One of the latest blog posts from the Harvard Negotiation Project notes the importance of understanding body language in negotiations.
Risk Factors for Workplace Interpersonal Conflict: How to Prevent it Before It Begins
Managers might scoff at the amount of time they have to put toward mitigating workplace interpersonal conflict instead of managing productivity, overseeing innovation, attending important meetings, and networking for individual or team growth.
Measuring Success in Mediation: An Outline
The purpose of this article is to review relevant literature on measuring success in mediations with the intent to offer recommendations for the improvement of mediation practice and to provide information to ADR program design professionals.
Self Improvement Journey
A core belief in many traditions holds that the human condition is "dynamic" i.e., not a "static state".
What Is A "High Conflict Divorce," Anyway?
Kathleen Wells, lead partner at Wells Family Law shares how to identify a high conflict personality, the characteristics of a typical high conflict divorce file, and suggestions on how clients can best manage both.
Promises, Promises
The Oscar-nominated film, Marriage Story, by Noah Baumbach, is really a divorce story. It centers on the relationships between Nicole, an actor, her husband, Charlie, a Broadway director, and their eight-year-old son, Henry.
The GPC North America Report
The International Mediation Institute is delighted to present the GPC North America Report—a comparative analysis and recommendations based on open text questions asked at GPC events in the USA and Canada.
10 Mediation Steps For Resolving Conflicts In Student Classroom
Schools need to manage conflicts effectively, maintaining a positive environment for students, and enabling the involved sides to learn from their conflict.
Do I Need to Hire a Divorce/Family Attorney Before Beginning My Divorce?
Getting divorced can be one of the most stressful and difficult life situations a person can find themselves in. When confronted with how to best move forward in a divorce, and what to do about an attorney, there is no one clear answer.
Foundation for Comprehensive Dispute Resolution
Is there then something that can be said to be a ‘Right Education?’
What About Your Furry Friends?
So what happens when an older adult experiences a health crisis that takes them away for a time, or becomes unable to live independently?
My Favorite Resource Featuring Howard Herman
This month, I spoke with Howard Herman, Director of the ADR Program for the U.S. District Court, Northern District of California, to learn about his favorite ADR resource.
Keeping the Peace
Judge Danny (as he prefers to be addressed) received the Peacemaker Award and took part in an inspiring conversation that highlighted his commitment to creating peace, resolving conflict and empowering others to do incredible things.
Here’s Your Theory-of-Change Book
Your wait for the Theory-of-Change book is over.
STEP IN to Improvisational Negotiation
The improvisational orientation and approach to negotiation is characterized by adapting to a set of circumstances in a strategic yet unconventional way.
Mediated Settlements: The Next Realm of Dispute Resolution in India
Upon its ratification and coming into effect, the Singapore Convention is expected to provide impetus to mediation as a method of resolving commercial disputes.
Are You Listening?
One of the first things a mediator in training is taught is to listen, really listen what the parties are saying.
When No One Wants to Talk...
How do you handle talking with other family members about serious issues when they don't think anything is wrong?
How to Calculate and Use BATNAs and Bottom Lines
Everyone talks about knowing one’s BATNA in negotiation and mediation. But that’s a lot easier said than done.
Minding Your Tongue: How to Recover from a Slip and Fail
Whether it is a minor slip of the tongue or an entire foot in the mouth, either can lead to some uncomfortable moments followed by the instinct to explain what was “really meant.”
7 Tips On How To Protect Child Mental And Emotional Health During A Divorce
Separation is one of the most difficult processes people can go through, but the situation is even more shocking for kids who need to adapt to such a huge change in life.
Online Negotiation Strategies: Email and Video-conferencing
Online negotiation offers negotiators and their organizations convenience, speed, and cost savings. But negotiating via email and videoconferencing, in particular, poses challenges that need to be overcome.
Statistics from Franklin County, Ohio’s ODR Program
Great set of comprehensive statistics about Franklin County’s ODR program have now been released. Two results stood out.
ODR Beginning to Find Takers in India
In India, where courts are overburdened and the backlog of cases runs into lakhs, the argument for online dispute resolution is strong.
A ‘Mediator’s Touchdown’: Tactfully concluding imperfect conferences
“That was a poor landing by the captain,” grumbled an unamused passenger to a stranger across the aisle. “Every flight is a risk. We must not take for granted that we are alive to complain,” the other responded.
The Beauty and Terror of Change
In my role as mediator one of the questions I am asked most often by parents, community groups, and interested parties is if an agreement reached at Family Dispute Resolution is legally binding and enforceable through the family court.
What if You Die? Divorcing and Death
There’s an interesting dichotomy between married couples’ view of life insurance.
Theory of Change Symposium – Part 5 and Coming Attractions
This jumbo-size post is the last part in the Theory of Change Symposium.
Are the Flow of Interruptions in the Workday Actually Reducing Mental as Well as Work Flow?
Reports show that numerous interruptions occur throughout the course of most of our workdays.
Overwork and Conflict
Are you feeling angry and put upon at work? Are you having negative interactions and conflict over relatively small matters? Overwork may be the culprit.
“Abusing the Mediation Process”
Two experts in the Milan UIA Mediation Forum addressed “Abuse in the Mediation Process.”
Preparing for that Dreaded Conversation
“By failing to prepare you are preparing to fail,” Benjamin Franklin.
The Intersection and Impact of Personality Type and Conflict Management Style
By understanding the relationship between personality types and conflict management styles we can achieve more productive dispute resolution discussions and increase the potential for mutually satisfactory resolutions.
The Effect of Power in Mediation
Balancing power is an important part of mediation. I did a mediation recently in which the levels of power of each party played a very important role.
10 Mediation Tips for Settling Business Disputes
For practitioners of the law, mediation is a well-known concept that became part of their lives.
Dividing the Burial Plot in Divorce
This article addresses an often overlooked asset in divorce, the burial plot, and the surprising negative consequences of failing to address this asset in the divorce decree.
Connecting With Our Values
“It is not hard to make decisions when you know what your values are.” Roy Disney
Negotiating With My Client
As a freshly minted lawyer, I came to a realization within a few months of joining the workforce - my very expensive university education prepared me for only half the battle.
Falling Into Mediation
As I near retirement I have had an opportunity to reflect back onto my amazing career as a mediator, to think about all the changes I have seen in the ADR area and also the people who I have helped.
5 (Perhaps Unexpected) Ways to Reduce Legal Fees When Getting a Divorce
For anyone going through a litigated or high conflict divorce which can be very expensive, Kathleen Wells, lead partner at Wells Family Law shares her top 5 tips for keeping costs down.
Conflict Resolutions for 2020!
Here are my conflict resolutions for 2020. What are yours?