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Colin Rule

Mediate.com Online Mediation Practice and Ethical Standards Adopted

(9/17/21)Colin Rule, Jim Melamed

One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, the Mediate.com Board of Directors has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation.

Mary Salisbury

Preparing and Paying for QDROs in Divorce

(9/17/21)Mary Salisbury

The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.

Conflict in the Workplace – Mediation Can Make Your Team More Efficient

(9/17/21)Lesley Disputes

Conflict in the workplace is inevitable when people with different values and opinions come together.

Sneha Vardhani

What Challenges Should the Proposed Mediation Act of India Address?

(9/15/21)Sneha Vardhani

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.

Robert Benjamin

Game Playing in Negotiation: Evolutionary Purpose and Necessity---Machiavelli's Place At the Table

(9/15/21)Robert Benjamin

While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.

Jim Melamed

Register for Free Sept. 24 Forum on Final Report of Online Mediation Task Force

(9/14/21)Jim Melamed, Forrest (Woody) Mosten

The Mediate.com Online Mediation Task Force is holding a free Forum on Friday, September 24 to review the Task Force's Final Online Mediation Report, Recommendations and Resources. Space is limited, so register early!

Veronica Cravener

Introducing the Mediate.com Podcast

(9/14/21)Veronica Cravener, Colin Rule

We’re excited to finally share the news: we’ve launched a new Mediate.com Podcast, hosted by our good friend, mediator Veronica Cravener! 

Antoinette Raheem

Negotiation Tactics: How They Work and How to Protect Yourself and Your Client from Them

(9/13/21)Antoinette Raheem

Why talk about negotiation tactics, manipulative moves designed to slant an outcome in one side’s favor more than the other, based on “tricks” or gamesmanship versus merit?

Phyllis Pollack

Don’t Chalk My Tires, Or Why Mediation is Not Appropriate

(9/13/21)Phyllis Pollack

This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.

Kathleen Kauth

Helicopter Conflict

(9/13/21)Kathleen Kauth

What do helicopter parents do best? They hover.

Beth Graham

High-Tech Dispute Resolution

(9/13/21)Beth Graham

In this scholarly work, the authors examine the intersection of online dispute resolution and psychology.

Kenneth Cloke

The Limits of Mediation

(9/13/21)Kenneth Cloke

It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.

Veera Mahajan

Tips for Addressing Childhood Conflict

(9/10/21)Veera Mahajan

These are steps for teaching your children to reduce childhood conflict.

Yvette Durazo

The Customer Isn’t Always Right-- But They’re Causing More Conflict Than Ever

(9/10/21)Yvette Durazo

Many leaders are unable to de-escalate conflict themselves, let alone train their employees to do the same.

Sarah Peyton

Yes and No are Powerful Words

(9/10/21)Sarah Peyton

Yes and No are powerful words. What impact does saying each of them have on your body and nervous system?

Milan Slama

Exemplifications of Typical Topics: Mediator as a Playwright (Part 2)

(9/10/21)Milan Slama

This article shows how to address double-standards and preaching without doing in a mediation.

Steven Goldman

Riding the Conflict Resolution Highway

(9/08/21)Steven Goldman

Envision you are about to travel on a journey from a place of conflict to a place called resolution. As with any journey, there should be steps taken to ensure you will be as prepared as possible.

Bruce Blitman

Mental Health First Aid Training May Make Our Community Happier and Healthier!

(9/08/21)Bruce Blitman, Cindy Wides

“Many people with mental illness are reluctant to seek help or know where to turn for care, while their friends and family members may struggle to know when and how to help,” said Dr. Rotenberg.

Patrick Mastronardo

The Civil Rights Act of 1964

(9/08/21)Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Phyllis Pollack

How Do You Define “Ethics?”

(9/07/21)Phyllis Pollack

"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."

Cinnie Noble

Eating Our Words

(9/07/21)Cinnie Noble

Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”

John Peterson

How to Resolve a Dispute with Someone Who Doesn't Know Your Language

(9/07/21)John Peterson

As the international business environment is quickly expanding, companies are merging and are therefore helping create a global workplace setting.

Rebekah Ratliff

[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?

(9/07/21)Rebekah Ratliff

In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.

Joy Rosenthal

Who Wears the Pants in Your Family?

(9/07/21)Joy Rosenthal

So much has changed! When I was growing up, the expectation for middle-class marriages (which were always between women and men) was that it was the man’s job to earn enough money to support the family, and it was the woman’s job was to have children and to contribute to the economy by spending money.

Lorraine Segal

To Solve a Problem at Work–Ask; Don’t Assume

(9/07/21)Lorraine Segal

When you ask and don’t assume you already know the answers, you’re likely to find better solutions to workplace problems.

Innovative Uses of CRM - How Companies Can Use CRM for Mediation

(9/05/21)Nouman Ali

CRM is only likely to improve in the future. More and more innovative uses are being provided like never before.

Ann Marshall

Mediating (and Settling) Real Property Cases

(8/30/21)Ann Marshall

Just as there are a myriad of real property interests, there can be disputes involving any of those interests.

Phyllis Pollack

Making Ethical Decisions

(8/30/21)Phyllis Pollack

Despite the complexity of ethical issues, Ms. Liautaud has formula for making an ethical decision quite simple.

Joy Rosenthal

Why I Don’t Caucus

(8/30/21)Joy Rosenthal

One of the things to think about when you are looking for a divorce mediator is whether they will meet with both of you together or will meet with you each separately.

Sinéad Coneely

Ireland’s Mediation Adventure – A practitioner flying on “mutinous winds”

(8/27/21)Sinéad Coneely

The Act represents a significant turning point for the Irish Civil Justice system and is very significant for mediation.

Lydia Ray

Vulnerability for the WIN!

(8/27/21)Lydia Ray

Vulnerability as quoted from THE vulnerability researcher Brene Brown “is not winning or losing, it’s having the courage to show up even when you can’t control the outcome”. 

Milan Slama

Exemplifications of Typical Topics: Mediator as a Playwright (Part I)

(8/26/21)Milan Slama

There are certain reoccurring themes, which frequently surface and resurface during the conversations, taking place during mediation meet-ups. These themes are often deeply ingrained in the conflicts, parties have with each other.

Bill Quatman

Mediator Ethics: Should You Ask for a Waiver of Liability?

(8/24/21)Bill Quatman

I read a Mediation Agreement that struck me as odd, perhaps unenforceable, maybe even unethical

Sarah Peyton

When the World is Too Much, How to Release Overwhelm with Resonance

(8/20/21)Sarah Peyton

What happens in our brains and bodies when life -- and conflict -- feels like too much for us?

Katherine Graham

Should Tribunals Stand up to Employee ‘Hypersensitivity’?

(8/20/21)Katherine Graham

Recent years have seen a strong tide towards protection of employee rights in employment tribunals, a heightened awareness of any form of discrimination, the damaging effects of throwaway remarks.

Mylene Chan

‘Understanding’ Mediator Gary Friedman on His Adventure in Politics

(8/20/21)Mylene Chan

Earlier this month, Gary Friedman, co-founder of the Center for Understanding in Conflict, of Santa Rosa, Calif., conducted a video breakfast roundtable titled “Inside Out: Confessions of a Mediator in Politics.”

John Lande

Teaching Students to Think Like Practitioners

(8/20/21)John Lande

People often say that dispute resolution processes aren’t “one size fits all.”

David Brandon

[PODCAST] JAMS Foundation & Hands of Peace: Empowering American, Israeli & Palestinian Youth to Be Peacemakers, Agents of Change

(8/20/21)David Brandon

A podcast from JAMS featuring David Brandon of The JAMS Foundation and Gretchen Grad and Scott Rasmussen of Hands of Peace, discussing Hands of Peace’s work empowering American, Israeli and Palestinian youth to be agents of change in their communities.

Maria Victoria Marun

Alvin Toffler, ODR, The Red Queen, and the Pandemic

(8/20/21)Maria Victoria Marun

Much has been written about the future. However, when we read about "what will come" we see it as “something far away”.

Judith Cohen

ADA Mediation Refresher

(8/19/21)Judith Cohen

I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.

Clare Fowler

Paths Forward for Online Mediation - Index of Resources

(8/17/21)Clare Fowler, Colin Rule

This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.

Jim Melamed

Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction

(8/17/21)Jim Melamed, Forrest (Woody) Mosten

Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.

Forrest (Woody) Mosten

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

(8/16/21)Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

Jim Melamed

Paths Forward for Online Mediation - 8 Primary Recommendations

(8/15/21)Jim Melamed, Forrest (Woody) Mosten

In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:

Jennifer Schulz

Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)

(8/13/21)Jennifer Schulz, Pat Bragg

What a fun, dense, and important read about mediation!

Tara Ollapally

Mediation Development in India

(8/13/21)Tara Ollapally

India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020.  As part of the reforms to the justice system to better manage the backlog there has been a concerted push to ADR processes.

John Lande

The Role of Law in Legal Disputes

(8/13/21)John Lande

Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases.

Joan Kessler

The Significance of Nonverbal Communication in Mediation and Arbitration

(8/13/21)Joan Kessler

Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.

Lester Levy

The Creative, Collaborative Use of Neutral Experts in Environmental Mediations

(8/13/21)Lester Levy

Most disputes in litigation involve a procedural phase for the preparation and exchange of expert reports and the interrogation of the experts’ opinions.

Shantha Chellappa

Mediation Advocacy: A must for law students in India

(8/13/21)Shantha Chellappa

“Advocacy is a conscious act of support, expressed by speaking or writing on behalf of another person, an idea, a cause or a policy.”

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