We are all capable of hating; but we are all capable of loving, as well.
Navigating the United States’ approach to mediation can be tricky for international firms as there is no uniform approach.
(7/02/18)Peter Adler, Nicole Brodie
Ok, we’ve got a problem: Britain has announced a new Minister of Loneliness.
The high court's opinion will resolve a split among the Circuit Courts of Appeal regarding whether a court may decide the issue of arbitrability in situations where the arbitration claim is groundless.
My husband’s stay in the hospital has taught me a very basic lesson: knowing how to resolve disputes is a necessary tool in every aspect of life, especially in stressful situations such as hospital stays.
Mediator Randy Drew discusses the success of their multi-mediator approach.
The social capital of any society is education and identity.
According to Alexa.com, Mediate.com is most visited and most linked dispute resolution website. See the new data here!
Employees who contractually agree to resolve employment disputes in an individualized arbitration waive all rights to class actions or any other collective dispute process.
Embarking upon the journey of becoming a mediator led me into learning a new language, one that would be spoken both internally – (in how I would think about the mediation participants and their circumstances) - and externally – (in how I would interact with them).
Dr. Ury says that in modern day conflict, where we seek to win at the expense of our adversary. In doing so, we invariably ensure mutual loss. “Instead,” he said, “The aim of modern day conflict resolution must focus on finding mutual gains.”
Some of us have a pattern known as people-pleasing.
In the 9 years since I left my own toxic workplace, I’ve coached and consulted with people in all stages of being bullying or mobbed (bullied by a group).
Someone once said to me that while to a butcher a pair of lamb chops is just another set of lamb chops, to a person who has not eaten in a long while, it will be the best meal ever. In sum, it is all a matter of perspective.
Miscommunication plagues divorces in numerous different ways.
This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(6/15/18)Jan Frankel Schau
The values we share matter more than our differences.
I love mediation because parties get to probe, understand, make choices, create options and arrive at mutual decisions, saying how they feel about this conflict.
Getting a divorce? You have options that will allow you to pick the right people to help you do that, but there’s no one size fits all choice.
This article is to give an over view of the use of disability mediation and a case study. The article will highlight some of the benefits of utilizing specialist mediators, confidentiality and why disability mediation works.
Us mediators and consultants try to help people create constructive engagements and dialogues that lead to real problem solving.
The metaphor of an iceberg has commonly been used as a metaphor about conflict.
Dispute resolution comes in as many forms as there are people in dispute.
Conflict is a big deal because it affects our two most basic values – strength of self and care of other.
This is the complete interview by Robert Benjamin with Andrew Schepard, a leading professor, editor and writer of family law and mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
The backbone of any project or change effort is the team that’s been entrusted to make it happen.
This article discusses the impact of gender equality on nonviolent conflict.
In its Smarter Living section on April 29, 2018, the New York Times posted an interesting article about how our unconscious biases can play tricks on us when it comes to experts.
There’s recent discussion in urban planning journals about the way professional city planners should be educated today. Having a conversation about planning in advance prevents many community-conflicts down the road.
The handbook doesn’t reflect a Western Perspective, rather it reflects a global perspective of mediation and that is the only way we can have a holistic view of mediation.
Mediation is a wonderful process and I love mediation but I do not want to see it get more complicated with “what mediators need to do” kinds of stuff.
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?
This is the complete interview by Robert Benjamin with Larry Fong, a leading Canadian Family Mediator, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
(6/05/18)Joan B. Kelly, Ph.D.
Joan is an author, therapist, mediator, and parenting coordinator
with four decades of experience working with high conflict parents who are separating.
In the spectrum of the recognized alternative dispute resolutions devices, mediation is perhaps the most flexible device allowing party control of outcomes through a structured process.
This article discusses the ethics behind a mediator acting as a translator and drafting an agreement when there are dual languages.
Understanding BATNAs is especially important in mediation because they provide disputing parties with power.
I write this in the aftermath of the really uplifting and wonderfully diverse conference which I had the privilege to host and chair recently in my home city, under the auspices of the International Academy of Mediators.
Masculine control of our culture is like that woman-eating crocodile: some of us never experience its bite, others see a glimpse of its toothy grin, but it only need destroy one woman once in a while, in order for the fear of it to affect all women.
These are dark times, especially if you are part of the loose community of people who by virtue of nature and/or nurture, are of a mediative persuasion.
This article discusses using socially constructed realism to break through anchored positions in mediation.
Focusing on issues and discussion on confidentiality, this article also looks at participation requirements and enforcement of agreements.
I’ve got no satirical purpose in my modest proposal and contrary to eating our young (like Jonathan Swift's original Modest Proposal), it is about learning from our young.
While some conversations result in “getting to yes”, others lead to clarity that no agreement is possible at that time.
(5/25/18)Michael A. Zeytoonian
There was a time, not long ago, when those who found themselves in a dispute had two basic choices: They could either file a lawsuit/initiate some formal complaint process or they could just walk away from the conflict and try to move on.
Interpersonal conflict is often deflating. Our egos, self-esteem, confidence, mood and other parts of us can all be negatively influenced when we are in dispute.
The idea of civility must be built upon standards of conduct towards others and a willingness to accept the consequences for your words.
(5/22/18)David Larson, Lainey Feingold
The promise of online dispute resolution (ODR) depends on accessibility.
In many job descriptions posted in March and April this year on Indeed, the job announcements include conflict resolution or conflict management as required or desirable skills.
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If we are able to consider that there is something good to see when a dispute causes us to feel dark and dim, we may be able to have a different and better relationship with conflict and ourselves within it.