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Jim Melamed

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. 

Celia Caiuby

Affect in Methods of Dispute Resolution

(3/25/21)Celia Caiuby, Andrea Maia

The paper addresses affect in its philosophical aspect, proposing a rational reflection on the individual perceptions of each party involved in a conflict, in order to analyze how this affection influences the methods of dispute resolution.

Minson Vo

A Short Story: How My Friend Destroyed Their Bullies

(3/25/21)Minson Vo

When a friend told me how he overcame a bully, my curiosity peaked, and I asked him to show me how he defused a situation like that.

James Claxton

ODR Survey--Your response requested

(3/22/21)James Claxton

James Claxton is requesting your response to his ODR survey.

Clare Fowler

Announcing Youth Conference -- Free for Students

(3/22/21)Clare Fowler

Mediate.com is excited to announce a youth voices conferences, focused on 6 sessions spread out over multiple time zones, sharing strategies for advancing dispute resolution around the world.

Kathleen Kauth

Managing Expectations to Avoid Conflict

(3/19/21)Kathleen Kauth

Expectations are part of living as a human being. If we are in a relationship, we expect to be treated a certain way.

Phyllis Pollack

One Year Later: Zoom Fatigue

(3/19/21)Phyllis Pollack

Almost one year ago, life for most of us changed irrevocably: we went from commuting to and from our offices and fighting traffic to commuting between our bedrooms and “home” offices and fighting over internet access.

David Ross

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, Part 2

(3/19/21)David Ross

In this post, I explore more aggravating, and avoidable, behaviors that may upset or undermine the mediator and the mediation process.

Andrea Schneider

Be Open like Oprah and Candid like Chrissy

(3/19/21)Andrea Schneider

This article discusses the framing piece of how you talk and what makes people want to listen.

Cinnie Noble

Don't Look Where You Fall

(3/19/21)Cinnie Noble

“I’ve learned so much from my mistakes. I’m thinking about making a few more.”

Daniel Dana

Peace is Possible

(3/19/21)Daniel Dana

This is a haiku supporting the workers in Hungary as they work toward establishing peace.

Maurice Ford

Progressive Discipline, the Misunderstood Frontier - Part 3

(3/19/21)Maurice Ford, Bruce Ally

Given this is our third article in this series the reader is reminded in our previous article we examined the overreaction on the manager’s part to disciplining employees. The focus of this article is to examine some of the challenges associated with training the management staff and agents.

Frank Burke

Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases

(3/19/21)Frank Burke

When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.

Rachel Gupta

Practical Tips for Presumptive ADR Participants: Five Do's and Don'ts for Pre-Mediation Statements

(3/19/21)Rachel Gupta

In light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs.

Martin Rosenfeld

ADR Principles and Clergy-Congregation Relations

(3/19/21)Martin Rosenfeld

It is likely that a large majority of clergy who serve congregations are hired, re-hired or terminated by the vote of the individual congregation.

Clare Fowler

For Ombuds Moving Online

(3/19/21)Clare Fowler

Software should be smart enough to support you and not be a time-suck. That is why we call it a platform and not a canyon.

Forrest (Woody) Mosten

Mediate.com Announces 5 Online Mediation Training Forums

(3/16/21)Forrest (Woody) Mosten, Jim Melamed

Forrest (Woody) Mosten, Task Force Chair, and Jim Melamed, Mediate.com Board Chair, invite you to participate in five (5) open Forums seeking to further Online Mediation Training. See the Forum Schedule and Register!

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