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Sandeep Bhalothia

Mediation in Domestic Violence Case: Whether to Use or Not to Use? – An Indian Perspective

(9/19/19)Sandeep Bhalothia

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.

F. Peter Phillips

Arbitration in India

(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.

Mediation in India

(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.

Saakshi Jain

Use of Mediation During Divorce Proceedings in India

(9/16/19)Saakshi Jain

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.

Bruce Edwards

A Dent in the Universe

(9/16/19)Bruce Edwards

What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?

Uma Ramanathan

Ideas, Ideologies, and Inferences

(9/15/19)Uma Ramanathan

Differences arise due to contrasting goals and demands and due to inability to perceive and acknowledge the stand of the other person.

Peter Adler

Disputing at a Panchayat Meeting

(9/14/19)Peter Adler

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.

Uma Ramanathan

Thought Synergy Trajectory in Conflict Management

(9/14/19)Uma Ramanathan

"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.

Laura Tarcea

Effective Communication Makes for Optimal Mediation - Part 1

(9/13/19)Laura Tarcea

This article is a look at the implications of communication skills in the context of family mediation and recommendations.

Gerry O'Sullivan

The Mediator's Toolkit: Formulating and Asking Questions for Successful Outcomes

(9/13/19)Gerry O'Sullivan

Mediators need to formulate and ask incisive questions that challenge entrenched thinking and shift perspectives.

Arran Heal

How to Really Stop Discrimination by Class

(9/12/19)Arran Heal

Discrimination is a tightening net of issues and demands around HR.

Cinnie Noble

Three Sides to Every Story

(9/12/19)Cinnie Noble

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.

Beth Graham

Pouring a Little Psychological Cold Water on ODR

(9/12/19)Beth Graham

In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).

Hiro Aragaki

The African Promise

(9/12/19)Hiro Aragaki

Diversity in ADR is an important topic of late.

Gracious Timothy

Dealing With Bad Connections, Inside-Out and Outside-In

(9/12/19)Gracious Timothy, Tanima Tandon

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.

Comparing Mediation And Lok Adalat: Toward An Integrated Approach To Dispute Resolution In India

(9/12/19)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.

Swati Sharda

Mediation for Timely Justice: Need of the Hour in India

(9/11/19)Swati Sharda

Indian courts are now coming to favor mediation for the long run.

Mint TV

Mediation Gains Popularity in India (video)

(9/10/19)Mint TV

This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!

Anthony Jackson

Seasoned Mediator Interview - Anthony Jackson

(9/09/19)Anthony Jackson

Advanced mediator discusses interpersonal communication in this Toastmasters interview.

Jonathan Rodrigues

India’s Internet Citizens Can Finally Settle Online!

(9/07/19)Jonathan Rodrigues

This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?

Colin Rule

Online Mediation in Dubai

(9/07/19)Colin Rule

The importance of mediation lies in the fact that it is a confidential process and comes at a low cost as compared to litigation. It focuses on the interests of both parties and is a much less aggressive process than litigation/arbitration thus offering a win-win situation for all parties involved.

Jane B. Garzilli

Gandhi as Guiding Star: Servant Leadership in Mediation

(9/06/19)Jane B. Garzilli

Servant leadership seems to fit well with mediation. Like Gandhi, we mediators paradoxically lead and follow at the same time.

Jacqueline Burnett-Brown

Minding Your Tongue: How to Recover from a Slip and Fail

(9/06/19)Jacqueline Burnett-Brown

Whether it is a minor slip of the tongue or an entire foot in the mouth, either can lead to some uncomfortable moments followed by the instinct to explain what was “really meant.”

Phyllis Pollack

Framing, Process, and Empathy: How important they really are!

(9/06/19)Phyllis Pollack

"Although the mediation lasted an entire day, it did not settle. Why? There was no framing, process or empathy."

Denise French

Divorce Done Differently!

(9/06/19)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.

Meredith Richardson

Choose the Road Less Traveled in Conflict

(9/06/19)Meredith Richardson

Are you stuck in a rut in your relationship with someone?

Jennifer Shack

Do Parties Trust Mediators When They’re Not in the Same Room?

(9/06/19)Jennifer Shack

Trust in an experienced mediator is the same whether a mediation participant interacts with that mediator via video or face-to-face, according to recent research.

Michael Moffitt

What’s Sex Got to Do With it: Questioning Research on Gender & Negotiation

(9/06/19)Michael Moffitt

What this means is that while women are not recognized for the skills at which they might be inherently better, it also means that we are failing men by not highlighting opportunities for growth and improvement.

Ronald S. Kraybill

Homework on Conflict Styles

(9/06/19)Ronald S. Kraybill

Life spares none from conflict. But unfortunately the word has not yet reached the schools that train professionals.

Susan Podziba

Susan Podziba Interview - The Future of Mediation and Negotiation in Our Culture, Politics and Society

(9/05/19)Susan Podziba

This is an interview with Susan Podziba, where she discusses how her life has been aimed at resolving public policy disputes and finding the virtue in our society.

Samuel Dinnar

Harvard Shares Five Tips for an Experienced Mediator

(9/04/19)Samuel Dinnar

Harvard Negotiation Institute’s Samuel Dinnar shares his recommendations.

Chinwe Egbunike-Umegbolu

The Linctus of Choosing a Mediator - Part 2

(9/03/19)Chinwe Egbunike-Umegbolu

Mediation is now the toast of the day in America, Canada, Australia, the UK and many parts of the European Union. The developing economies of the world are now exploring this medium of dispute resolution.

Kathleen Kauth

Eldercare Mediation: Setting Families up for Success

(8/30/19)Kathleen Kauth

Working with families to help an older adult identify how they want to spend their final years and communicate it to all involved parties.

Beth Myers

Mediation’s New Clothes

(8/30/19)Beth Myers

This paper discusses pivotal elements of the 21st Century identity crisis within and about the American mediation industry.

Jane Greenspan

Don’t Overlook the Benefits of Mediation

(8/30/19)Jane Greenspan

Given that none of us have a crystal ball, it would be a poor use of time to attempt to infer how the upcoming presidential election will affect Title IX enforcement, which has changed significantly in the last 10 years.

Cinnie Noble

Conflict: Blown Out of Proportion

(8/30/19)Cinnie Noble

It happens, at times, that our conflicts get blown out of proportion.

Beth Graham

Bargaining in the (Murky) Shadow of Arbitration

(8/30/19)Beth Graham

In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.

Dan Simon

Moving Parents – and a Moving Conversation

(8/30/19)Dan Simon

Empowerment and recognition shifts can happen between people whose interaction has fluctuated for years.

Mediation-A Resource of the Rural Poor in India

(8/26/19) D .K. Sampath

This article has taken for its theme, the legal services to the rural poor and other disadvantaged groups. Particular reference is made to the role of law schools in delivery of such services. What follows is a report on an attempt to deliver mediation as a dispute resolution resource under the leadership of the Tamil Nadu State Legal Aid & Advice Board of Madras with Justice Sri.N .Krishnaswamy Reddiar as Chairman.

Jonathan Rodrigues

Safeguarding the Pillars of Mediation in India

(8/26/19)Jonathan Rodrigues

When mediating in India, adhering to the ‘four pillars’ is key.

Kayla Matthews

Why Your Leadership Style May Be the Source of the Conflict

(8/23/19)Kayla Matthews

While many employees face workplace challenges like co-working conflicts or miscommunication, a bad leadership style can be even more catastrophic.

Zena Zumeta

Mediating with Families, 4th Edition - Book Review

(8/23/19)Zena Zumeta

Mediating with Families is an excellent resource both for practitioners and teachers/trainers of family mediation. It includes a broad discussion of family mediation, with techniques, case examples, resources and theory. It is an excellent addition to the field.

Phyllis Pollack

Apologies Are Not for Everyone!

(8/23/19)Phyllis Pollack

In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated.

Arran Heal

Is Racial Discrimination the Next MeToo?

(8/23/19)Arran Heal

Racial discrimination is a problem that’s bubbling under the surface of workplaces.

Lorraine Segal

The Craziness of Workplace Mobbing

(8/23/19)Lorraine Segal

Workplace mobbing can make you feel crazy.

Nicole Wilmet

Michigan Supreme Court Launches New Online Dispute Resolution Program, MI-Resolve

(8/23/19)Nicole Wilmet

In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.

Bill Eddy

Dealing With Defensiveness In High Conflict People

(8/20/19)Bill Eddy

When most people think of high conflict people (HCPs), they think of bad behavior. The goal seems to be to get them to STOP their bad behavior, by verbally motivating them to have insights into how bad they are acting. However, the high conflict behavior of HCPs is not driven by logic and self-awareness.

Dakota Murphey

7 Signs You May Need Marriage Mediation

(8/16/19)Dakota Murphey

Every marriage goes through some rough patches, and unfortunately, trying to figure it out on your own can often lead to crucial things being left unsaid and strong relationships ending up on the rocks.

Oran Kaufman

Can You Teach an Old Dog New Tricks?

(8/16/19)Oran Kaufman

What can mediators learn from dog training?

Jan Schau

Watch Your Language!

(8/16/19)Jan Schau

The objectives in a mediation are much different than in litigation; but often the differences are overlooked.

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