When one ignores one’s own emotions, to maintain face, or to increase hopes for immature peace, the likelihood for an unexpected emotional burst, by oneself, or by the other, increases.
This discusses the article "Inside the Mind of the Client."
Most people don’t want to be wrangled into doing something you want but they don’t. Here are three ways to turn them into your problem-solving partners and dissolve resistance.
Would you call yourself a people-pleaser?
(9/06/18)Ronald S. Kraybill
Do you know people who get upset and insulted easily?
This sample Agreement to Mediate now incorporates the confidentiality of digital communications with participants and their advisors.
In franchise disputes, lawyers and parties who search for mediators drill down on mediators’ professional backgrounds, often paying the most attention to whether potential mediators have previously represented franchisors or franchisees.
By following some simple tips and committing yourself to being the best co-parent possible, you can help to ensure your children thrive during and after the divorce.
The main difference with family mediation is that, opposed to going through lawyers, you are encouraged to speak directly to each other.
It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.
"Thank you for listening to me and my side of our dispute and for disagreeing with me in the gracious way you did--" I learned so much from those words.
When I ask clients why they let a problem go on for so long before addressing it, a common reply is, “I was afraid I’d create more conflict by raising it.”
(8/31/18)Michael A. Zeytoonian
When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.
(8/24/18)Sandeep Bhalothia, Vizita Singh
Sulh or amicable settlement has a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia.
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.
(8/24/18)Dr. Lynne C. Halem
The attached articles highlight further effects of the tax reform, one specifically focused on Prenuptial Contracts, and the second more generally on family financial decisions.
This article discusses topics that often come up in Evaluative Mediation trainings: A selected number can be included in a course on evaluative mediation, and exercises used to assist “learning” of those topics.
Labels are increasingly being used to leverage support for group identities and ideals.
No doubt, at some point in your life, you have wanted to take revenge against someone who “did you wrong”.
Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.
This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
If a parent wants to set their child up for success, they should strive to teach them how to handle their emotions in a healthy way.
The theme of the article is that while we might be neurologically and sociologically primed to “Fight or Flight”, we can choose another way and thereby reduce the conflict in our lives.
Construction projects often produce disputes. Mediation can help resolve such disputes, quickly, confidentially, and efficiently. This Article offers ten tips for success in mediation.
Nature Deficit Disorder, a phrase coined by Richard Louv in his book, Last Child in The Woods, is used to describe the impact that urbanisation along with the technological era has had, in reducing the time children are having in nature, nearby nature.
This article discusses how Italy has approached the initial mediation session.
Interestingly, since beginning of this series of posts several months back, the topic of seeking greater respect and civility in our political and social interactions has ratcheted up significantly, even becoming mainstream!
It is common to attribute the term ‘values conflict’ as the reason for dissension between us and another person and we may say such conflicts are not resolvable.
(8/15/18)Ronald S. Kraybill
In training with the Thomas Kilmann or my Style Matters conflict style inventories, you have an option to use either a paper or online version. I used to be ambivalent about this choice, but no more.
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
Your mediation summary can make the process easier both for yourself, but also the mediator.
(8/10/18)William Scott Harralson, J.D.
In April 2018, the U.S. Justice Department implemented a new “zero-tolerance” policy for the detention and arrest of undocumented immigrants. This article discusses how mediation techniques can be used to handle such a difficult situation.
Several experts have commented on the trauma the children must have experienced being separated from their families.
Early completion may reduce or completely eliminate an important construction advantage - “float time”.
Having lived through the painful U of Missouri conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things I wrote at the time.
Many, many years ago, someone once said to me that people do not begin to negotiate until it is past the time to negotiate.
(8/08/18)Carrie J. Menkel-Meadow
This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediators often assist participants to identify guidelines or ground rules to help support productive communications. Here are some sample mediation ground rules participants may want to consider adopting.
This article illustrates how a mediator can assist parties to move from their positions to their underlying interests.
This article discusses what has been learned over the last few decades about Mediation in Juvenile Dependency Court.
This article discusses how cooperation can be enhanced through a transdisciplinary approach to water negotiations, refusing to accept tired cliches and really talking.
This article discusses how mediators can apply the communication skills used by Crisis Counselors to help people in crisis.
I thought I’d achieved a good resolution, but it turns out I was working with the wrong negotiating partner, because they didn’t have the authority to deliver.
The trial of Paul Manafort is a good illustration of an important value of trials.
Everyone’s talking polarization these days.
Dispute Resolution leader Kenneth Cloke discusses how we can discuss politics to bring about change instead of division.
Millions of men and women of all ages, ethnic, and racial backgrounds all
across the U.S. hate going to work, gradually fall into despair and often
become gravely ill. Some flee from jobs they used to love, others endure
the situation unable to figure a way out.
(7/31/18)Donald T. Saposnek
This is the complete interview by Robert Benjamin with Don Saposnek, a leading family mediator, writer and editor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.
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Since 1992, the Santa Clara County Juvenile Dependency Court has utilized confidential mediation as an integral part of the court process. After hundreds of mediation sessions, we believe it is time for the various participants in the dependency system to reflect on their perspectives on mediation, its strengths, weaknesses, and its future in our court system.