(10/13/18)Michael A. Zeytoonian
Collaborative. In the business world, in medicine, high technology, healthcare, engineering, education, aeronautics, manufacturing, public service, first responders, military defense, invention – in just about every field of endeavor, we see this word popping up over and over again.
The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.
Gravity problems make conflict resolution more difficult because they sidetrack us from actionable problems.
(10/13/18)F. Peter Phillips
The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.”
In March 2012, eleven amazing people announced the creation of the Academy of Professional Family Mediators. They had big dreams and grand expectations. Let’s look at how far we have come and where we may go.
Life imitates art, art imitates life, and both reveal deeper patterns.
It is commonly said that power imbalances in mediation render it unfair.
There is a big difference between marriage counselors and mediators, and each is specific to the condition of a relationship.
This is the complete interview by Robert Benjamin with Chip Rose, a national leader in the fields of divorce mediation and collaborative practice, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(10/08/18)Donald T. Saposnek
'The Master Agreement', now in its Second Edition, offers a comprehensive manual of issues, clauses and phrases for use in drafting Marital Settlement Agreements. This book is unique, of very high quality, will save you time, and elevate the quality of your drafting.
What do garden snails, lizards and humans all have in common?
(10/05/18)María Victoria Marun, Maria Eugenia Sole
It is currently common to use expressions such as "polarization" or "crack" to describe the attitudes with which the inhabitants, politicians and governments in different countries raise or debate their problems.
(10/05/18)Maria Victoria Marun, Maria Eugenia Sole
Actualmente es común usar expresiones como "polarización" o "grieta" para describir las actitudes con las que los habitantes, políticos y gobiernos de diferentes países plantean o debaten sus problemas.
Mediation in Worcester, Gloucester and the surrounding areas is increasingly the default option when it comes to family dispute resolution.
This is a survey request to develop and implement a two-phase data collection process in order to determine the present state of community mediation.
I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.
You can choose whether to continue with an addictive relationship.
Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.
I want to say a word about neutrality, which is a very important concept in mediation.
This is the complete interview by Robert Benjamin with Maxine Baker-Jackson, former Director and Mediator, Los Angeles County Superior Court, Dependency Court, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mental health professionals may have a general idea about what divorce mediation is but want to know more about it before making referrals. This article discusses critical points for you to consider before referring your clients to divorce mediation or mediation of other family issues.
There has been upsurge literature on third party intervention in recent years, and still a significant gap in the field of mediation.
Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.
Whenever it comes to other people, our prejudices – and a pretty basic lack of knowledge – are what tend to rule.
When we are in conflict with another it is often the case that we make assumptions about her or him.
This is the complete interview by Robert Benjamin with Margaret Shaw, recipient of this year's Mary Parker Follett award from ACR, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
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.
(9/21/18)Daniel Becker, Andrea Maia
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?
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This sample Agreement to Mediate now incorporates the confidentiality of digital communications with participants and their advisors.