“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.
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.
(1/24/20)Dr. Lynne C. Halem
There’s an interesting dichotomy between married couples’ view of life insurance.
This jumbo-size post is the last part in the Theory of Change Symposium.
Reports show that numerous interruptions occur throughout the course of most of our workdays.
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.
(1/24/20)F. Peter Phillips
Two experts in the Milan UIA Mediation Forum addressed “Abuse in the Mediation Process.”
“By failing to prepare you are preparing to fail,” Benjamin Franklin.
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.
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.
For practitioners of the law, mediation is a well-known concept that became part of their lives.
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.
Conflict in the workplace is extremely costly.
“It is not hard to make decisions when you know what your values are.”
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.
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.
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.
Here are my conflict resolutions for 2020. What are yours?
This new study explores the idea that misconceptions are in fact a cause of conflicts. It is widely accepted that misconceptions are a root cause of conflicts, but it has not been thoroughly explored.
While mediating, I try to support parties in making their own choices about how they participate in the conversation.
“I’ll get my day in court!” ……. “The judge won’t like what you did!” …….. “I’m going to spread your dirt all over the courtroom!”
As mediators and dispute resolution promoters, we are people’s people.
The very touching Netflix movie, Marriage Story, provides an unusually realistic depiction of divorce dynamics.
(1/03/20)F. Peter Phillips
Peter Kaskell died on December 12, 2019. He was a dear friend whom I met at the CPR Institute and who taught me not just the delicate arts of demand-led commercial dispute management, but the even more delicate arts of humility, service and attention to others’ needs.
Between 2008 and 2009, 35 employees of France Télécom committed suicide.
(12/27/19)Dr. Lynne C. Halem
Marital mediation is neither marital therapy nor couples therapy.
This article shows how mediation can be used to intervene in early or advanced stages of conflict.
Gossip in the office can be very damaging, causing hidden (and sometimes not so hidden) conflicts.
This article examines how walking may be beneficial to not only an individual, but to multiple people involved in a conflict resolution process.
I have had such a wonderful time connecting with ADR friends across the country to learn about a wide variety of helpful and informative resources.
One of the things that I’ve noticed when I mediate is that one person in a couple is often much more financially literate than the other.
(12/24/19)Peter Adler, Louis Chang
This training seeks to provide: The right thing, in the right way, at the right time, in the right place, to the right person, for the right reason, with the right feeling... the first time.
This season is a time for reflection and to realize once again that not everyone sees the world the same way as we do.
Set in an adversarial environment with a clicking court battle time-bomb placed over our heads, my first experience of court referred mediation in Scotland, as a co-mediator, was overwhelmingly real.
This article discusses six options that are successful ways of sharing time with children over the holidays.
The relationship between the two marital partners may be coming to an end, but what about the children?
(12/19/19)Luz Bibiana Clara
This articles reviews Alberto Elisavetsky's new book discussing mediation and new technologies.
(12/19/19)Luz Bibiana Clara
Esta obra dirigida magistralmente por el Dr. Alberto Elisavetsky, ha logrado reunir de modo ágil, ameno y coordinado, a referentes del tema ODR alrededor del mundo.
This article shows a clear timeline for mediating your divorce. The purpose of mediation is to get you talking about how to settle every issue right away, so the process is usually much faster, much less expensive, much less stressful and overall much more satisfying than litigation.
What do you do when work treats you “like family”?
(12/12/19)Natalie J. Armstrong, Louise Phipps Senft
By creating a space for change, Louise helps people get back on track so they can work more successfully with their advisors.
Recently, a divorced parent asked me my opinion on how to go about giving holiday gifts to her children.
As part of a broader commitment to expand JAMS’ global footprint, the JAMS International Operations group recently organized an event in Beijing, China.
The capacity for forgiveness runs deep in our genes.
(12/11/19)I. Jay Safier
This article will discuss how benefits are distributed to two people who are now divorced.
One way schools can equip students with the skills to address conflict is through peer mediation.
I am willing to respect you even though I might not admire or look up to you for the accomplishments you are credited with.
This article encourages mediators with different levels of experience to work together. It uses the analogy of pacesetters in a marathon to show how mediators can support and challenge each other leading to growth and improvement in the mediation profession
The fundamental concept of the Convention began in 1958 with the signing of the New York Convention. That concept is the obligation of contracting nation states to give effect to private agreements emerging from alternative dispute resolution.
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The Singapore Convention parallels the New York Convention for Arbitration by legitimizing mediation as a dispute resolution method for international commercial transactions.