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Colin Rule

May 7 Forum on Standards, Ethics & New Technologies for Online Mediation

(5/04/21)Colin Rule

Join colleagues from around the world for Mediate's May 7 Forum on Standards, Ethics & New Technologies for Online Mediation. Among the featured presenters are Colin Rule, Leah Wing, Dan Rainey and Melissa Kucinski.

Forrest (Woody) Mosten

Full Video Posted of April 30 Forum on Online Mediation Training

(5/01/21)Forrest (Woody) Mosten, Jim Melamed

The second Forum of the Online Mediation Training Task Force took place on April 30 and centered on new and emerging issues of online mediation and the training of mediators online. The full video of this second Forum is now here posted!

Russ Bleemer

Modeling for the World: Five UN Agencies Pledge to Accept Mediation Requests

(4/30/21)Russ Bleemer

The United Nations this week took a big step in modeling conflict resolution for resolving workplace disputes.

Denise French

Mediation and Co-Parenting: Why It Works

(4/30/21)Denise French

As difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for the children of the relationship.

Kim Keenan

Diversity and Inclusion: Where Process Equals Purpose

(4/30/21)Kim Keenan

For many, campuses of higher education institutions are where students will develop their identities.

John Lande

We Should Replace Mediation Models with a Unified Conceptual Framework

(4/30/21)John Lande

A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension.

Martin Rosenfeld

The Mediation Process

(4/30/21)Martin Rosenfeld

The Harvard Program on Negotiation published an article worth discussing on April 19, 2021 on “The Mediation Process and Dispute Resolution”.

Cinnie Noble

Expectations and Conflict

(4/30/21)Cinnie Noble

It seems to me – based on my work as a conflict management coach and, well, just as myself – that one of the things that leads to interpersonal conflict is when we have expectations of another.

Agnes Kaufman

An Alternative to Litigation – Mediation and the Impact of Non-Verbal Communication

(4/30/21)Agnes Kaufman

A skilled mediator will rely on his/her professional expertise to evaluate each mediation's participants and then proceed with the appropriate approach for each mediation session.

Jim Melamed

Online Mediation Training Forum Updates

(4/29/21)Jim Melamed

The Video of Mediate's Global Growth Forum is now posted. An additional Forum on "Experiential Training, Mentoring and Case Consultation," with hosts Tricia Jones & Forrest (Woody) Mosten, has been added on Friday, May 14. The Forum "Beyond Mediation: Interdisciplinary Collaborative Practice, Coaching and Limited Scope Representation" is now on Friday, May 21. See the updated Forum Schedule. Free registration.

Progressive Discipline, the Misunderstood Frontier - Part 4

(4/23/21)Bruce Ally, Maurice Ford

Larger companies in the industry have access to formalized systems including human resources departments--what about others?

Consensus Instrument for Work Relationships

(4/23/21)Celeida Maria Celentano Laporta

In view of this article’s theme, which concerns the management of labor conflicts, we will focus in particular on the legal institute of mediation and its effectiveness.

Michael Diliberto

An Offer You Can’t Accept

(4/23/21)Michael Diliberto

This article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998.

Daya Naef

Bring Your Being

(4/23/21)Daya Naef

Mediation is the fine art of getting everyone on the same page. To do this, one must bring their whole being to the table, to be present, and to look past their own biases to see the real person on either side of the issue.

Roseann Vanella

Divorce and Property Division: Am I Entitled to More Because my Spouse Ruined Our Marriage?

(4/23/21)Roseann Vanella

There are a lot of reasons why couples decide to get divorced. Financial troubles, lack of communication, continual arguing, unrealistic expectations, lack of intimacy, infidelity, and abuse are among the more common reasons why couples split up.

Juan Lattanzio

Mediation Within the Conscious Business

(4/23/21)Juan Lattanzio

The place of mediation in "the Conscious Business" proposed by executive coach Fred Kofman.

Jim Melamed

Full Video Posted of April 23 Forum on the Global Growth of Mediation

(4/19/21)Jim Melamed, Forrest (Woody) Mosten

How do we best support the growth of mediation around the world?  This Forum will share the perspectives of panelists from Nigeria, Argentina, Russia and India to compare and contrast the experiences of online mediation and training in developing mediation cultures. 

Larry Susskind

Preparing the Next Generation of Professors of Environmental Studies

(4/16/21)Larry Susskind

This article identifies four approaches to environmental policy-making or problem-solving.

Lorraine Segal

Does Your Work Culture Promote Psychological Safety?

(4/16/21)Lorraine Segal

Psychological safety is an important element in successful, productive work cultures. So what does that look like?

John Lande

Paul M. Lurie on Guided Mediation

(4/16/21)John Lande

Guided Mediation is a collection of best practices and tools in actual use that increase mediation efficiency, get earlier settlements, reduce legal and consultants’ fees, and minimize business disruption.

Denise French

5 Smart Financial Tips to Plan a Divorce

(4/16/21)Denise French

It can be easy to get so wrapped up in the details of the present you forget about what is next. Do not make that mistake!

International Patent Litigation and Mediation

(4/16/21)Richard Price

As many of you may know, mediation is not used as often as it should be to resolve international patent litigation. But is this also the case within the industry?

Amy Robertson

How you Approach a Disagreement Matters

(4/16/21)Amy Robertson

Separation is challenging; going through a separation during a pandemic can be more challenging.

Jakob Vinther

The History of Mediation and Why It Is Still in Use Today

(4/16/21)Jakob Vinther, Thomas Todd

To understand mediation, you must examine the reason behind having a mediator.

Amendments to the LCIA Mediation Rules, 2012 – Keeping Up with the Changing Times

(4/16/21)Saasha Milpani, Chakrapani Mishra

Mediation, in general, is a more informal and less widely used procedure than arbitration.

Colin Rule

Mediate is Top Ranked Mediation Website

(4/15/21)Colin Rule

Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.

Cinnie Noble

Finding a Remedy When in Conflict

(4/10/21)Cinnie Noble

“Don’t find fault. Find a remedy.” (Henry Ford) While Henry Ford’s quote might well apply to making cars and running a business, it also has application to our interpersonal disputes when one of the common things many of us do is find fault with the other person.

Temitope Akande

Mediation Confidentiality: Misconceptions, Pitfalls, and Best Practices

(4/10/21)Temitope Akande

CPR’s Mediation Committee presented Los Angeles mediator Jeff Kichaven on the limits of mediation confidentiality at a March 16 online program that provided attendees with cutting-edge and occasionally controversial practice guidance on confidentiality, and avoiding neutrals’ liability disclaimers, as well as ethics continuing legal education credits.

Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-Absorption

(4/10/21)Robin Brzobohatý, Tereza Hanajová

While debriefing immediately after a co-mediation, an interesting question arose: “Does a reflection always have the same function regardless of the context?”

Kathleen Kauth

Sometimes the Answer is "No"

(4/10/21)Kathleen Kauth

Mediation is often considered the best option to work out a conflict and salvage a relationship.

Phyllis Pollack

Trust and Rapport - ODR Style!

(4/10/21)Phyllis Pollack

One of the most important things a mediator must do- if not the most important- is to build trust and rapport with the parties. In pre-Covid days, this was a bit easier; the mediator could sit face to face with each party and schmooze.

Dr. Lynne C. Halem

The 2020 Tax Conundrum: Questions Facing Couples Whose Divorce is Pending

(4/09/21)Dr. Lynne C. Halem

2020 has been a year of too many upsets, too many uncertainties, and too many confusions.

Paul Rajkowski

Shovel 3: The Big One

(4/09/21)Paul Rajkowski

In getting ready to continue digging up the return of Traditional Mediation, I read Rachel Gupta’s article on this site and I am grateful to her for writing it.

Carrie Gour

Using Text Messages and Emails in Mediation, Family, or Divorce Court

(4/09/21)Carrie Gour

A guide on best practices related to the collection and use mobile evidence and the software options available best suited to assist.

Joshua Javits

Virtual v. In-Person Hearings in a COVID World and Beyond

(4/05/21)Joshua Javits

Prior to the pandemic, virtual hearings for labor-management arbitration and mediation were rarely used but since its start and acceleration, virtual platforms are now the dominant forums for arbitrations and mediations. Will the adoption of virtual interactions continue after the pandemic or will in-person approaches return?

The Relevance of Mediation in the Modern Workplace

(4/02/21)Thomas Todd

Disagreements are a part of human nature. As long as people exhibit diverse traits stemming from different experiences, their opinions will differ.

Caryn Cridland

The 5 Benefits of Executive Conflict For Your Business

(4/02/21)Caryn Cridland

Executive conflict provides an opportunity for leaders to pause, reflect, and grow exponentially.

Kenneth Cloke

20 Ways to Improve UNFCCC Meetings and Climate Change Negotiations

(4/02/21)Kenneth Cloke

In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.

[PODCAST] ADR can be a “Win-Win” Solution for In-House Counsel

(4/01/21)Laura Abrahamson

In this podcast, Laura highlights how a well-crafted clause can be essential for an organization in achieving fair, resource-efficient outcomes, especially as courts continue to face backlogs.

Lorraine Segal

The Power of Gratitude

(4/01/21)Lorraine Segal

Why do you think so many people do not feel gratitude? How would you articulate why a simple emotion can be so elusive?

Andrea Schneider

ADR & Activism Through Art - Maya Angelou and Frida Kahlo

(4/01/21)Andrea Schneider

This article focuses on creativity and negotiation role models.

Elle Rave

The Muddy Time

(4/01/21)Elle Rave

Some of us call it the muddy time. It’s the time in between the decision to divorce and when the actual divorce is made final.

Milan Slama

Questions and Questioning within the Conversational Framework

(3/26/21)Milan Slama

Mediators mostly focus on differences between open-ended and pointed questions, Yet, there is much more to questioning and question-asking than that.

Laura Athens

Top Ten Cognitive Biases and Distortions in Mediation

(3/26/21)Laura Athens

“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

Consumer Protection BC

The Singapore Convention on Mediation - Where’s Europe?

(3/26/21)Consumer Protection BC, Henneke Brink

International commercial mediation - what a settlement agreement can do.

Dakota Murphey

Confidentiality and Protecting Client Data in an Online Environment

(3/26/21)Dakota Murphey

Protecting client confidentiality is critical, not only to protect your business’ reputation but also to adhere to strict legislation around safeguarding data.

Christopher Sheesley

Drafting Mediated Workplace Agreements

(3/25/21)Christopher Sheesley

To enhance communication flow and joint involvement in certain decision-making areas, agreements need to be well planned-out.

Amanda Singer

How to Manage In-Laws Post Divorce

(3/25/21)Amanda Singer

When I got married, I found that one of the strangest transitions wasn’t to being newlyweds or calling him my husband but was more related to my new in-laws. I think that often in-laws, especially mothers-in-law, have gotten a bad rap in popular culture.

Katie Tejada

How Mediation Can Make Divorce Easier on Your Family

(3/25/21)Katie Tejada

Getting divorced can take just as big of a toll on the kids as it does the adults involved. Fortunately, divorcing parents can help to mitigate the negative impacts of divorce on the entire family in a few key ways, namely with mediation. Learn how mediation can work for your family here.

Marian Grande

Helping Kids Adjust to Life When Parents Go Through Divorce

(3/25/21)Marian Grande

If you are going through a divorce, one of the most significant concerns you may have is the effect it has on your children. 

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