This article highlights the impact of COVID-19 on face to face mediation as social distancing is encouraged. It also discusses other instances when mediators need to stay away from the mediation process such as when they are physically tired or when they face psychological or mental issues.
Whilst the construction industry worldwide is plagued by disputes, construction disputes in the Middle East have two distinct characteristics.
What can be learnt from mediation practices, towards handling the Corona challenges?
With the COVID-19 pandemic and everybody home, Internet becomes the highway of contact with the world. And, in mediation, mass transmigration to ODR.
Traditional mediation was not a "one size fits all."
The success of online mediation depends 95% on your mediation experience and skills.
We decided to bring experts together who can provide some tips on how to deal with the stress of not only COVID-19 but the stress of going through a divorce or separation during these unprecedented times.
In this outstanding collection of essays, there are tips for managing disagreements, guidelines for handling children’s needs, information about finances, and even a recipe for Quarantine Cookies.
(5/17/20)Celeida Maria Celentano Laporta
A new order of social coexistence, consumption, work, family model, resulting from a revolution caused by the invisible enemy COVID-19.
Empathy is considered as the “Soul of Mediation.”
During this challenging time, many separated spouses are experiencing unexpected confusion and conflict around the Stimulus Check, which was intended to provide financial relief, as authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
(5/08/20)Anju D. Jessani
Courts look to prior events or precedents in establishing policy, and also in measuring reasonableness, when parties are in a dispute.
(5/08/20)Sandhya Swaminathan, Kartiyeka Singh
Dispute resolution mechanisms in India on the other hand, have not kept up with time and technology.
This was conflict resolution blasphemy.
As I look out of the window of my home office and take in the stillness of a complete lockdown that has been imposed in the wake of COVID-19, I am struck by the sense of balance that exists amidst the chaos and panic that also overwhelms me.
What a dispute resolution teacher has learned about connecting online.
Imagine there was a pandemic that globally impacted close to 1.3 billion women and girls at some point in their lives.
6 Tips to Strengthen your Relationship during Covid-19 Lockdowns
The Coronavirus will be followed by a plague of lawsuits due to the inability of individuals and companies to honor contractual obligations.
The "digitization of mediation," now on steroids with the Covid-19 pandemic, has resulted in dramatic changes and new opportunities for mediators and the mediation field. A part of this includes new meanings for old words.
Mediation is a young, exciting, and expanding field of practice.
At one point, 34 states had diploma privilege rules but then the “ABA Code of Recommended Standards for Bar Examiners stated individuals should not be admitted to practice without passing a written bar exam.”
The U.S. Supreme Court this morning declined to hear an appeal in an Oklahoma arbitration case on the so-called equal-footing principle—the idea that the Federal Arbitration Act prevents courts and legislatures from targeting rulings and laws to arbitration agreements.
Impatience can be a big contributor to conflict, and an obstacle to effective conflict resolution.
Honor the space between no longer and not yet, Nancy Levin.
This article explains the importance of active listening at mediation. It uses five points to illustrate what can be achieved when both the mediator and the parties actively listen to each other.
The age demographics of consumers of mediation services and mediators themselves will likely drive the adoption of technology to assist in the delivery of mediation services in the very near future.
(4/29/20)Forrest (Woody) Mosten
As their own practices slow down, some mediators are volunteering to offer free consultations and negotiation sessions to try and find solutions and some emotional comfort for people who are riddled with anxiety and a lack of knowledge.
This article addresses how our brain reacts when we feel understood versus when we don’t feel understood.
(4/24/20)Ronald S. Kraybill
Do you want to help a team or group improve patterns of dealing with conflict? This article includes resources to help you lead a rich learning experience on conflict styles.
The uncertainty surrounding the coronavirus pandemic (COVID-19) has hit us all like a ton of bricks, particularly over the past week, as each day brings a new development.
What does it mean to learn the art of verbal self-defense? First, it means understanding the purpose and establishing a mindset behind this approach.
“I have heard of your paintings too, well enough; God has
given you one face, and you make yourself another.”
Think "I Can" like it's your first day on the job, everyday.
(4/21/20)Peter Adler, Kem Lowry
Unexpected belt-tightening is unpleasant. It unravels expectations and invokes fear. The more severe the shock, the more severe the manifestations can be. If you are a leader, you are also suddenly thrust into “crisis management” mode, which raises questions. What is your strategy?
Some say mediation is “The insertion of a human buffer between people who need assistance to interact with each other.”
“You wouldn’t negotiate with Hitler, would you?”
It is hard to imagine for many, especially for the baby boomer generation, what a digital court is, because most of us are unfamiliar and resistant to the digital world of the 4th Industrial Revolution.
The COVID-19 pandemic has brought to the fore what most people in emerging economies particularly in some countries in sub-Africa have never really given a thought to - working from home.
A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN).
I just finished reading a book entitled, Start With Why? By Simon Sinek (Penguin Group, New York, 2009) which posits a simple thesis on why some organizations are very successful and others are not.
Talking about end of life wishes is never fun, and seldom easy.
We need to keep in mind that everyone is having a tough time and treat them with kindness.
This article is an opinion piece by one reader and examines if our world leaders responded to the COVID-19 crisis with empathy.
This article describes various early dispute resolution processes and highlights presentations by Duncan MacKay, Deputy General Counsel & Chief Compliance Officer of Eversource Energy, and Conna Weiner, a mediator and arbitrator at JAMS and CPR.
The equation is immutable: disruption of supply chains + intervention by governments to manage noncommercial priorities = dramatic increase in disputes among private business entities. COVID-19 has brought much production, transport and commercial activity to a near halt.
The perfect time for there to be conflicting ideas within an organization or team is when information is being processed and decisions are being made about the direction of the company or project.
We are all facing a “new normal.”
The author discusses the critical need of regional international organizations (RIOs) to intervene in ethnic conflicts, but notes some of the surrounding limitations to creating sustainable peace, such as the level of violence or the restrictions an organization might face in their very design.
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Crisis breeds conflict. The stress of economic uncertainty and dislocation caused by CV-19 are only outpaced by the anxiety many feel for the safety of their loved ones.