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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
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.
Co-Mediation in A Volunteer Co-Mediation Process. Some Simple Ideas
The article suggests that there is little formal training for mediators, especially volunteer mediators who may co mediate with many different partners to work effectively together, and makes some simple and concrete suggestions for ways to remedy this.
Battling Burnout: Mental Health and Self-Care in Mediation
Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?
Settlement Verification in the Virtual World
My goal has always been to provide each and every mediation participant with the most satisfying experience possible.
Conflict in the Helping Professions
There is often an assumption that someone who works in a helping profession such as healthcare, senior living, social worker, schools etc. are kind and generous people who completely live up to the mission and values that the organization promotes.
How Bystanders Can Stop Gossip
Bystanders can stand up and stop workplace gossip.
[Podcast] Being Bold: Broadening the ADR Diversity and Inclusion Landscape
A podcast produced by the American Bar Association features JAMS Senior Vice President & Chief Marketing Officer Mark Smalls on diversity, equity and inclusion (DEI) in alternative dispute resolution (ADR).
The Remarkable (And Often Very Surprising) Benefits of Virtual Mediation
A funny thing happened on April 1, 2020. After over 30 years and 7,500 cases as an in person, high-touch mediator, I grudgingly became, out of necessity born by COVID-19, a virtual, online mediator.
Mediation as a Therapeutic Intervention in the Streets of Toronto
When I saw an accident, my brain turned to mediation mode, to me this was essentially setting the stage for a mediation and being in control of how the situation unravels.
Online Mediation Training - Mentoring & Consultation Best Practices
The term “Mentor” been commonly used to include guide, champion, teacher, supervisor. Today because we inherited many traditions of mentoring practices, we continue to use the term broadly while also attempting to give it somewhat more definition in terms of mediation and related professional practices.
Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce
The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.
Reconciling Allegedly Alternative Mediation Models by Using DIY Models
I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions.
Mediation Ethics - an interview with Ellen Waldman
It has been exactly ten years since Ellen Waldman’s masterpiece ‘Mediation Ethics’ was first published. It was aptly described as ‘a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making.’
Online Mediation Training Task Force Family / Elder Committee Report
The Family and Elder Committee was initially tasked with Considering the Following Questions: 1) How can family and elder mediation training be improved to embrace online mediation; and 2) How can family and elder mediation training best be offered online, for basic training, advanced training, and ongoing continuing education?
Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice
As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.
Validating Medical Claims: do you get true value for your contributions?
Anyone who’s employment situation offers them extended health is often under the mistaken notion that their policy will be triggered should a medical need arise.
5 Ways Conflict Resolution Practitioners Can Prevent and Resolve Special Education Conflict During the Pandemic
The current pandemic has created a crucial need for those experienced in conflict resolution practices to prevent and resolve conflict in the education of students with disabilities. Public agencies, schools, and families should utilize those trained in conflict resolution, including mediators, negotiators, and advocates, to combat this crisis and lessen adverse outcomes for those involved.
Effective Online Mediation Training For Public Policy And Large Group Mediators
At the request of Mediate.com, a small group of US-based public policy and large group mediators/mediation trainers met online during the winter/spring of 2021 to consider best practices and ideas to enhance online training and practice. This report summarizes our ideas and recommendations for ourselves, our colleagues and Mediate.com.
Online Mediation Training Task Force Marketing Committee Report
The Online Mediation Marketing Committee considered the following issues: 1) What resources, resource center(s) and organizational support will best support the elevation, acceptance and use of online mediation training and online mediation services; 2) How can mediation providers and policy organizations best support the expansion of online mediation providers; 3) How can mediators and other professionals best support the expansion of online mediation; and 4) What are the best new opportunities for expanding the application of mediation and online mediation services?
Can We Learn to Have More Empathy?
Thursday (10 June) was Empathy Day. Schools up and down the UK are running activities around what empathy is, why we need to be able to listen and understand each other’s experience and perspective.
Face and Mediation
We’ve all heard the phrases “saving face” or “losing face.” How does the concept of FACE play a role in conflict?
Being Offended is a Choice
Taking offense at even minor things is a phenomenon that has been growing steadily over the last several decades.
Proposal for Standard Explanation in Mediation
Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion.
City Commissioner Commends ISCT Staff Member for Work on Police Reform Initiative
"I know much of our work is done privately in mediation rooms or with groups and we rarely get this level of public acknowledgement so I thought it was important to share!"
Global Voices Highlight: A Path to Mediation in the Middle East
Most of the old generations in the Middle East witnessed arranged marriages, which escalated into disputes and conflicts afterwards due to the lack of love. This is why I spent most of my childhood mediating between family members, friends, and neighbors so they can solve their issues, and reach collaborative solutions, without knowing that this can be a profession one day.
A Lot of Common Sense and a Little Mazel Can Go a Long Way
This article illustrates how a combination of common sense and good luck can produce a positive outcome in mediation.
Mediation and the Four Agreements
The Four Agreements is based on ancient Toltec wisdom which is said to embody the essential unity of truth and described as a way of life. I believe that if we adopt these Four Agreements they will create enough personal power to change the way we mediate and resolve conflict, leading to better and more satisfying settlements.
Introducing the Great Reads Book Club
I’m very pleased to share the news that we’re kicking off a new book club at Mediate.com called “Great Reads.”
Lesley Cook Interview - Neurodiversity in Mediation
This is an interview with Dr. Lesley Cook discussing the importance of understanding your neurodiverse clients in the educational, family, and workplace fields.