It is funny how sometimes the stars align to suddenly highlight an issue that was nowhere in my conscious brain before then.
Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?
A few months ago, I posted a quote on Twitter that a colleague sent me because she thought I’d like it. And I do.
Mediation requires an entirely different branding approach—away from being a charitable amenity in court, towards becoming a commercially viable service.
The anchoring effect is a form of bias in favor of the first piece of information we hear during a negotiation, often the other person’s goal.
There are many forms of mediation and environments in which they occur, but a place that proves extremely beneficial for mediation takes place in an educational setting.
Workplace conflicts sometimes make me think of a song by the country-music duo Brothers Osborne called “It Ain’t My Fault.”
For the first time, a national family mediation conference will be broadcast live, online, across the United States and around the world, via LiveStream.
Dramatic changes are coming to family mediation programs and practices in the U.S. In the court context, The National Center for State Courts (NCSC) and the Pew Charitable Trusts (Pew) are now leading the way to expand online access to justice, including online dispute resolution (ODR).
Mediation is a serious process where serious conflicts are seriously addressed by serious people.
One of my personal challenges is how to deflect and master my in-the-moment reactions to verbal attacks.
(10/04/19)Ronald S. Kraybill
How can we assist the healing of a broken world when we ourselves are far from healed?
Transport America was fined $22,500 and they will need to make changes to their policy on service animals.
Are you stuck in a rut in your relationship with someone?
I wonder whether the use of anger in negotiations is helpful or harmful.
After more than 16,500 mediations inside and outside of the court system, dozens of organizational interventions, executive coaching, and overall collaborative problem solving, I have learned some hard lessons about what works and what doesn’t.
Mediate.com, the world’s most visited dispute resolution site and most used mediator directory, has launched MediateIndia! CAMP, based in Bangalore, is the Foundational Sponsor for MediateIndia!
With increasing political polarization in the United States, political absolutists are halting the practice of compromise and collaboration for their Congressional representatives.
This article is aimed at clients working with collaborative practitioners, therapists, or legal counsel who need to document text message and email conversations for evidence or as a reference, a summary of what to document, and how to document so that what is captured will be admissible, if required.
Why should I choose mediation to deal with conflict?
How have you framed your conflict?
Brush up on your workplace conflict resolution skills--and build up some trust in your employees.
If you work in Human Resources or manage employees then you will no doubt be involved with resolving conflict at your workplace.
Mediation is a voluntary process in which each party is to make her own uncoerced decision.
33 million cases are pending in the courts of India as of 2019--what is the answer?
In this blog post, Saakshi Jain, student, Amity University, Lucknow Campus writes about Mediation, a must and compulsory process in India. This post also covers the need, advantages, and disadvantages of mediation and its impact on Indian divorces.
This is a new interview of Bruce Edwards by Mediate.com's Managing Editor, Dr. Clare Fowler. Mr. Edwards discusses the growth in the field of mediation generally and the growth of mediation in India specifically.
In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.
This article discusses why communication matters during family separation.
Why would team members want to discuss a sensitive member with someone they don't know?
(9/20/19)Susan Nauss Exon
Trustworthiness is a notable mediator trait.
During a recent discussion of ethics, I asked whether it would be proper to hide information.
What characteristics do you think are shared by quality court ADR programs? I took a swing at a list here. What would you add? Change?
The research on mediation approaches shows a connection between transformative methods and the best outcomes on all levels.
I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.
For mediation to flourish into the future, mediation practitioners and lawmakers in India need to rethink the nation’s policies and strategies in promoting mediation to a generation of millennials.
(9/20/19)Gregg Relyea, Niranjan J. Bhatt
To resolve litigated disputes, Indian courts are using a variety of modern methods, including mediation, and traditional methods, including Lok Adalat, on a broad scale. Lok Adalat (the "people's court") is derived from the ancient panchayat system of justice, where panchas, village elders, helped people resolve their disputes.
(9/17/19)F. Peter Phillips
In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions.
(9/16/19) D .K. Sampath
D .K. Sampath provided mediation services through the Tamil Nadu State Legal Aid & Advice Board in India. In this article he reflects on the use of mediation to resolve workplace disputes in the banking and insurance industry.
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
Differences arise due to contrasting goals and demands and due to inability to perceive and acknowledge the stand of the other person.
When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.
"Between the Fact and Non-Fact is the Conflict," this statement is so blatantly simple that one wonders why we have not been able to dwell on this and recognize that this pulsating split second wonder can have appalling or astounding consequences.
This article is a look at the implications of communication skills in the context of family mediation and recommendations.
Mediators need to formulate and ask incisive questions that challenge entrenched thinking and shift perspectives.
Discrimination is a tightening net of issues and demands around HR.
When we talk about an interpersonal dispute between two people, we commonly say there are two sides to every story – the other person’s version of events and issues and our own.
In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).
Diversity in ADR is an important topic of late.
(9/12/19)Gracious Timothy, Tanima Tandon
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In our respective professional lives, each of us have had a fair experience of the approach that advocates have towards in-house counsels and vice-versa.