Leading national family mediation organizations, including Mediate.com, have abided by common standards for divorce and family mediation for over two decades. Do these standards need to be updated to address issues of online mediation? If so, how?
(7/18/19)Dr. Lynne C. Halem
For couples facing divorce in their late fifties, sixties, and beyond, the questions and issues are quite distinct from those facing younger couples.
Divorce can be a very challenging time for anyone especially when it is coupled with financial difficulties.
This article discusses this mediator's viewpoint that as a mediation profession need to celebrate our own pride.
(7/17/19)Lee Jay Berman
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.
The divorce process has significant impacts on the lives of the spouses and their families depending on how they go through the divorce. This article outlines how divorce mediation can save families money and time, and reduce trauma when compared to a traditional, litigated divorce process.
Mediation may be described as a process that evolves over four different phases. It begins in a joint session and ends in a final joint session.
For most mediations, having the financial relationship between the mediator and the clients prepaid through a retainer can be a very strong impetus towards making the mediation process stronger and more effective.
(7/12/19)F. Peter Phillips
The obligation to arbitrate survives the termination of your services and is indefinite.
A quick thought on what we can learn from women's soccer.
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
I ask both parties to come in for an introductory meeting when they inquire about divorce mediation.
Being a mediator brings surprises along the way. It is remarkable that, after years of waiting for Scotland to pick up the mediation baton, we now have two important initiatives underway.
As a former practicing CPA, who is now a professional mediator, I pose the following question: What has the Tax Cuts and Jobs Act done to help couples improve the statistics regarding the institution of marriage and make the emotional issues of divorce less stressful?
(7/05/19)Alex Renirie, Todd Jarvis
Resolving Land and Energy Conflicts is a groundbreaking effort that documents conflicts and strategies for collaboration in today’s U.S. energy sector.
This article proposes that the family mediation process formalizes the separation, as partners are encouraged to try to work out how to co-parent their children, and increases the risk for victims of domestic violence.
There are times we become so frustrated with a conflict that we feel spent – that the dynamic and its resolution are insurmountable.
Only people we love and care deeply about can make us so angry we want to blow a gasket, says famed Star Trek actor George Takei.
This article looks at musical greats and what their lyrics can teach us about mediation.
This looks at a PON article which discusses four reasons why a negotiator might proceed down the slippery slope of an ethical lapse.
The wider Influence of mediation and negotiative thinking beyond practice.
Problem-solving and decision-making. Ask anyone in the workplace if these activities are part of their day and they answer 'Yes!' But how many of us have had training in problem-solving?
(6/28/19)Michael Aurit, Larry Gaughan
It is with deep sadness that we learned this week about the passing of Lawrence D. Gaughan, a pioneer professional family mediator.
This article explains how the sitting arrangement can help improve the mediation process or cause unease in the parties. It is drawn from the mediator’s experience and illustrates how sitting helps parties gain confidence in the mediator and become more comfortable with each other in their discussions.
I have said this before and will say it again: talking to the other party does wonders.
The New York Times “smarter living” column has an interesting piece about letting go of grudges and forgiving others.
The dispute addresses whether, under the New York Convention, a non-signatory can compel arbitration.
(6/27/19)Judith Starr, Michael Lang
How do you think about reflective practice?
Child custody is often the most contentious aspect of divorce proceedings.
Divorce and custody mediation creates a safe, cooperative setting for the parties to discuss emotional and substantive issues and engage in collaborative problem-solving.
This article addresses the use of a tool, a graphic of intermeshed gears, that helps to explain how people in close knit groups interact.
Everyone wants to be right, but oftentimes, holding onto one’s pride tears the relationship apart.
Whether your divorce was a high conflict or fairly co-operative experience, you will cross the finish line and look up at some point wondering what the next step is.
How are we supposed to know, 100%, that our marriage, or significant relationship, is secure?
In my early training to be a mediator, the trainer often suggested that to help the parties reach an agreement on the really big issues, start with the small ones.
For the most part, we have tended to ignore the deeper reality that conflict experiences are processed and regulated by our nervous system.
Managing A Force of Nature: ODR and Dispute Resolution Systems Design Standards and Practice: An interview with Susan Yates by Robert Benjamin.
It is a privilege to speak here at the Salzburg Global Seminar. I'd like to start with some provocation. Imagine these alternatives to the usual headlines.
(6/17/19)Michael Aurit, Donald T. Saposnek
The Academy of Professional Family Mediators (APFM) recently became the first major organization to endorse The National Mediation Policy Act, a seminal national effort to improve the sanity of discourse in our country.
(6/14/19)Dr. Lynne C. Halem
How to mediate in the best interests of the children.
When it comes to commercial mediations, the first impression is made with the Mediation Statement.
In workplace conflict resolution, just as in any peacebuilding effort, much of the success lies in the parties’ motivation to resolve the dispute.
It took me a long time to accept that the only thing worse than my fear of my own emptiness, was the emptiness of my bottomed-out relationship with my husband of nearly 12 years.
Employers’ use of non-disclosure agreements (NDAs) is destroying lives, says Maria Miller MP.
In response to a questions about what compelled me to create a conflict management coaching model, I explained that in my work as a workplace mediator it became evident that many leaders do not know how to “be” in conflict.
Donald Trump’s primary approach to the resolution of conflict is to focus on what he sees as his power advantage over the party with whom he is dealing, and to rely on that presumed power advantage to force the other party to agree to his terms.
The world of conflict, negotiation, and public policy mediation has markedly changed since the election of Donald J. Trump as president of the United States.
(6/13/19)Peter T. Coleman
I will attempt to speculate on a few of the possible consequences of the Trump presidency for the field of conflict resolution and negotiation.
This is an interview with Andrea Schneider by Robert Benjamin discussing negotiative strategies.
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Trump’s behavior in the the Presidency reflects many of his New York negotiation experiences and guidelines, for better and worse.