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Lucia Kanter St. Amour

“What Should I Wear?” - Making Choices and Online Dispute Resolution To The Rescue

(10/25/21)Lucia Kanter St. Amour

Steve Jobs famously wore the same black turtleneck, blue jeans and New Balance sneakers every day. Do you know why?

Andrea Schneider

Negotiation will not Fix Sexism

(10/23/21)Andrea Schneider

Let’s start with the obvious–it pains me to realize that negotiation can’t fix everything.

Lorraine Segal

Conflict Management Lessons from Improv Theater

(10/23/21)Lorraine Segal

Can the rules of improv theater help us with conflict?

Dan Simon

Remembering Mediator Irvin P. Foster

(10/23/21)Dan Simon

Irvin P. Foster, who mentored and inspired many mediators, died on September 5th. ISCT Coordinator, Janet Mueller, shares the following remembrance of him.

Cinnie Noble

“When Patterns are Broken, New Worlds Emerge”

(10/23/21)Cinnie Noble

The relevance of this quote by Tuli Kupferberg to interpersonal conflict may not be immediately evident.

Phyllis Pollack

Court Ordered Mediation and Informed Consent

(10/22/21)Phyllis Pollack

Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination."

Donald T. Saposnek

Book Review of Evolution of a Field: Personal Histories in Conflict Resolution

(10/21/21)Donald T. Saposnek

This book review of Evolution of a Field: Personal Histories in Conflict Resolution, co-edited by Howard Gadlin and Nancy A. Welsh, presents an overview, with snippets of personal and autobiographical material, of this penetrating collection that comprises the “personal stories” of 23 leading practitioners and scholars in the field of conflict resolution.

Ben Coltrin

Top 5 Co-parenting Apps for Mediation

(10/21/21)Ben Coltrin

A good co-parenting app helps parents feel focused and organized heading into mediation. Here are the best co-parenting apps so you can choose the right one for your family.

Christopher Keele

Health Systems and the Benefits of Early Dispute Resolution

(10/18/21)Christopher Keele

Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help.

Joy Rosenthal

Working with Financial Neutrals

(10/18/21)Joy Rosenthal

One of the hardest problems that a divorcing couple may face is how to divide up marital property.

Stephen Sonnenberg

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

(10/18/21)Stephen Sonnenberg

I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways.

Gizem Alper

“Double Hatting” under Med- Arb: A Comparative Analysis

(10/18/21)Gizem Alper

Over the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community.

John Peterson

How Much Money Does Mediation Save Companies?

(10/18/21)John Peterson

By turning their faces from the legal system, many companies have saved fortunes in the money and time that legal proceedings require.

Veera Mahajan

Do You Love Yourself Enough So No One Dares to Hurt You?

(10/14/21)Veera Mahajan

This article is a mantra for those who are navigating difficult conflicts.

Xavier James

Managing and Resolving Conflicts in Remote Teams

(10/14/21)Xavier James

Handling remote teams can become quite a challenging task at times, especially when a conflict arises.

Marian Grande

Domestic Violence and Family Mediation

(10/14/21)Marian Grande

Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.

Arthur Pressman

What Commercial Trial Lawyers Can Learn from Transactional Lawyers About Mediation

(10/14/21)Arthur Pressman

Why should we be surprised by litigators acting like litigators whether in court or in mediation?

Michael Moffitt

What Would *You* Have Done?

(10/11/21)Michael Moffitt

What would you have done, if you were a violence prevention specialists?

Christopher Keele

Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help

(10/11/21)Christopher Keele

Here are a few examples of the tensions that arise across financial, operational, and commercial agreements.

Phyllis Pollack

Difficult People

(10/11/21)Phyllis Pollack

One of the first questions a mediator must ask herself is whether she should take a specific case?

Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland

(10/11/21)Charlie Irvine, Jonathan Rodrigues

The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.

Kenneth Cloke

Mediation and the Evolution of Democracy: Inventing Interest-Based Responses to Lying, Demagoguery, and Fascism

(10/08/21)Kenneth Cloke

Nearly 2500 years ago, Plato warned that “Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty.” Why should this be the case?

Charlie Young

Transcendent

(10/08/21)Charlie Young

I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?

Bob Bordone

What are the Qualities of a Good Mediator? - video

(10/07/21)Bob Bordone

Have you ever asked yourself, what are the qualities of a good mediator?

Sharon Kendrick-Johnson

ERRR On the Human Side of Mediation Encompassing Empowerment, Recognition, Reflection and Respect

(10/06/21)Sharon Kendrick-Johnson

This article is an open invitation to the Opposing Party.

John Lande

What I'm Reading

(10/02/21)John Lande

Being retired from teaching and faculty meetings leaves time to do other things. Here are the books I've been enjoying.

Giovanni Matteucci

Mediation and Business Crisis in Italy, 2021. Where's the training?

(10/01/21)Giovanni Matteucci

On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.

Bellwether Mediations As An Alternative To Bellwether Trials

(10/01/21)Diane Welsh

Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement.

“My Story” Featuring Cristina Pereyra-Alvarez, Retired Judge, 11th Judicial Circuit, Florida

(10/01/21)Cristina Pereyra-Alvarez

When asked what advice she has for the next generation of ADR professionals, Mrs. Pereyra-Alvarez says, "Always go in with an open mind. Always believe that you are going to resolve the case, no matter what." This is a biography of her career path.

The New Plan for the Academy of Court-Appointed Masters

(10/01/21)Merrill Hirsh

Helping People Become Special Masters and Special Masters Assist the Administration of Justice: The New Plan for the Academy of Court-Appointed Masters.

Veronica Cravener

Introducing the Mediate.com Podcast

(10/01/21)Veronica Cravener, Colin Rule

We’re excited to finally share the news: we’ve launched a new Mediate.com Podcast, hosted by our good friend, mediator Veronica Cravener! 

Forrest (Woody) Mosten

Forum Video: Final Report of Mediate.com Task Force on Online Mediation

(9/28/21)Forrest (Woody) Mosten, Clare Fowler, Jim Melamed, Colin Rule

This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force on Online Mediation. This video features Woody Mosten, Colin Rule, Clare Fowler, Jim Melamed, Tara Ollapally, Bruce Edwards, Donna Silverberg, Susan Guthrie, Angelia Tolbert, Michael Aurit, Tricia Jones, Michael Lang and John Sturrock.

Christopher Nolland

Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics

(9/27/21)Christopher Nolland

"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."

Lorraine Segal

Bring Five Percent more Compassion to Conflicts

(9/27/21)Lorraine Segal

Bringing five percent more compassion can really make a difference in conflicts.

Phyllis Pollack

The Mediator as a Choice Architect

(9/27/21)Phyllis Pollack

One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled “Self-Determination.”

Denise French

Divorce Done Differently!

(9/27/21)Denise French

As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving. Mediation may not even be an option in your mind, but it should be.

Cinnie Noble

"Never Ruin an Apology with an Excuse"

(9/27/21)Cinnie Noble

This quote by Kimberly Johnson is a good one to consider when it comes to asking forgiveness, giving an apology, and otherwise trying to make amends.

Veera Mahajan

Your Student is Headed Back to In-person Learning – and There May be Things to Fear that Have Nothing to do with COVID-19

(9/24/21)Veera Mahajan

A leading mediation expert and international best-selling author cautions that a year of pent-up frustrations; could cause students to blow.

Paul Rajkowski

SHOVEL 5 - Whose Fear is it Anyway

(9/22/21)Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Ron Supancic

Ronald Melin Supancic - A Memorial

(9/21/21)Ron Supancic

Each breath we breathe is an invitation to live more fully, more consciously, more attentive, and more aware.

Daniel Rainey

Why Have a Disclosure Protocol for Mediation?

(9/21/21)Daniel Rainey

I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?

Colin Rule

Congratulations, IOA! 1,000 Members!

(9/21/21)Colin Rule

Mediate.com would like to celebrate the International Ombudsman Association's 1,000th Member!

Colin Rule

Mediate.com Adopts Online Mediation Practice and Ethical Standards

(9/21/21)Colin Rule, Jim Melamed

One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, Mediate.com has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation effective January 1. 2022.

Jim Melamed

Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction

(9/20/21)Jim Melamed, Forrest (Woody) Mosten

Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.

Jim Melamed

Paths Forward for Online Mediation - 8 Primary Recommendations

(9/20/21)Jim Melamed, Forrest (Woody) Mosten

In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:

Clare Fowler

Paths Forward for Online Mediation - Index of Resources

(9/20/21)Clare Fowler, Colin Rule

This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.

Irma Gonzalez

Q&A with Hon. Irma E. Gonzalez (Ret.)

(9/20/21)Irma Gonzalez

Judge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator, special master/referee and neutral evaluator. In honor of Hispanic Heritage Month, we spoke with Judge Gonzalez about how she started in ADR, her accomplishments, the challenges that she’s faced and her advice to younger generations.

Patricia Thompson

Eight Tips for Mediating High-Profile Construction Disputes

(9/20/21)Patricia Thompson

Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues.

Forrest (Woody) Mosten

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

(9/19/21)Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

Ron Supancic

Dance of Opposites - Book Review

(9/18/21)Ron Supancic, Kenneth Cloke

The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.

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