Stay up to date on everything mediation!

Subscribe to our free newsletter,
"This Week in Mediation"

Sign Up Now

Already subscribed No subscription today
All Articles

All Articles


New Articles


Alia Ismail

Self-Restraint: A Door to True Liberty

(9/06/18)Alia Ismail

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.

John Lande

What Do Litigants Really Want?

(9/06/18)John Lande

This discusses the article "Inside the Mind of the Client."

Tammy Lenski

3 Ways to Turn Adversaries into Problem-Solving Partners

(9/06/18)Tammy Lenski

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.

Cinnie Noble

People-Pleasing

(9/06/18)Cinnie Noble

Would you call yourself a people-pleaser?

Ronald S. Kraybill

Stop Giving Others Insult Power

(9/06/18)Ronald S. Kraybill

Do you know people who get upset and insulted easily?

Jim Melamed

Sample Agreement To Mediate

(9/05/18)Jim Melamed

This sample Agreement to Mediate now incorporates the confidentiality of digital communications with participants and their advisors.

Arthur Pressman

The Importance of Trust in the Mediator

(8/31/18)Arthur Pressman

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.

Mitch Cohen

Co-Parenting Tips During a Divorce

(8/31/18)Mitch Cohen

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.

Laura Ward

5 Common Misconceptions Surrounding Family Mediation

(8/31/18)Laura Ward

The main difference with family mediation is that, opposed to going through lawyers, you are encouraged to speak directly to each other.

Lorraine Segal

How Avoidance Can Help You with Workplace Conflict

(8/31/18)Lorraine Segal

It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.

Cinnie Noble

Paying Forward Conflict Lessons

(8/31/18)Cinnie Noble

"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.

Tammy Lenski

How to Express a Concern Without Making Things Worse

(8/31/18)Tammy Lenski

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.”

Michael A. Zeytoonian

10 things to think about BEFORE you decide whether to litigate and which lawyer to hire

(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.

Sandeep Bhalothia

Mediation and Conciliation in UAE

(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.

Dixon Dern

Finale of Birbrower

(8/24/18)Dixon Dern

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.

Dr. Lynne C. Halem

The Tax Reform Law Impacts Families

(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.

John Wade

Evaluative Mediation---Curriculum modules

(8/24/18)John Wade

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.

Ebrahim Patelia

Why Labelling and Group Identity Matters in Conflict?

(8/24/18)Ebrahim Patelia

Labels are increasingly being used to leverage support for group identities and ideals.

Phyllis Pollack

Revenge as a Learning Experience

(8/24/18)Phyllis Pollack

No doubt, at some point in your life, you have wanted to take revenge against someone who “did you wrong”.

Eunice Chua

Feel The Earth Move – Shifts In The International Dispute Resolution Landscape

(8/24/18)Eunice Chua

Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.

Jim Melamed

Online Dispute Resolution (ODR) for Lawyers

(8/21/18)Jim Melamed

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.

Linette Garcia

Addressing Your Child’s Repressed Anger

(8/15/18)Linette Garcia

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.

Barbara McCulloch

Meditate, Mediate, Medicate: Is there a Difference?

(8/15/18)Barbara McCulloch

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.

Steven Bennett

Construction Mediation: Ten Tips for Success

(8/15/18)Steven Bennett

Construction projects often produce disputes. Mediation can help resolve such disputes, quickly, confidentially, and efficiently. This Article offers ten tips for success in mediation.

Michelle Brenner

Children Find Peace in the Forest

(8/15/18)Michelle Brenner

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.

Leonardo d'Urso

Italian Mediation Model - Video

(8/15/18)Leonardo d'Urso

This article discusses how Italy has approached the initial mediation session.

Dick Harris

Dissing of Civil Discourse pt. 3

(8/15/18)Dick Harris

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!

Cinnie Noble

Values Conflict

(8/15/18)Cinnie Noble

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.

Ronald S. Kraybill

Conflict Styles: Digital vs Paper

(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.

Jack Urquhart

International Arbitration-Federal Jurisdiction & Provisional Remedies

(8/10/18)Jack Urquhart

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.

Grace Carter

How to Write an Effective Mediation Summary in 6 Steps

(8/10/18)Grace Carter

Your mediation summary can make the process easier both for yourself, but also the mediator.

William Scott Harralson, J.D.

Morality and Mediation: Can We Reunite the Children?

(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.

Joy Rosenthal

Families Belong Together

(8/10/18)Joy Rosenthal

Several experts have commented on the trauma the children must have experienced being separated from their families.

Norman Stark

Construction - Early Completion, Who Owns the "Float"?

(8/10/18)Norman Stark

Early completion may reduce or completely eliminate an important construction advantage - “float time”.

John Lande

A Case Study of Murphy’s Law in Missouri

(8/10/18)John Lande

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.

Phyllis Pollack

Past the Time Is the Right Time!

(8/10/18)Phyllis Pollack

Many, many years ago, someone once said to me that people do not begin to negotiate until it is past the time to negotiate.

Carrie J. Menkel-Meadow

Interview with Carrie Menkel-Meadow

(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.

Jim Melamed

Sample Mediation Ground Rules

(8/07/18)Jim Melamed

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.

Nancy Shuger

Reconsidering How to Honor a Father's Wishes

(8/03/18)Nancy Shuger

This article illustrates how a mediator can assist parties to move from their positions to their underlying interests.

Leonard Edwards

Mediation in Juvenile Dependency Court: Multiple Perspectives - Part 2

(8/03/18)Leonard Edwards

This article discusses what has been learned over the last few decades about Mediation in Juvenile Dependency Court.

Todd Jarvis

Conflicts over groundwater and aquifers profiled in recently-published book: Advances in Groundwater Governance

(8/03/18)Todd Jarvis

This article discusses how cooperation can be enhanced through a transdisciplinary approach to water negotiations, refusing to accept tired cliches and really talking.

Jeff Thompson

Crisis Counselor Skills: Helping People In Crisis… in 160 Characters or Less

(8/03/18)Jeff Thompson

This article discusses how mediators can apply the communication skills used by Crisis Counselors to help people in crisis.

Colin Rule

Agents

(8/03/18)Colin Rule

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.

John Lande

In Praise of a Trial

(8/03/18)John Lande

The trial of Paul Manafort is a good illustration of an important value of trials.

Tim Hicks

What Could be the Source of Modern Polarization?

(8/03/18)Tim Hicks

Everyone’s talking polarization these days.

Kenneth Cloke

Ken Cloke Discusses Political Negotiation - Video

(8/01/18)Kenneth Cloke

Dispute Resolution leader Kenneth Cloke discusses how we can discuss politics to bring about change instead of division.

Noa Zanolli

When Conflict In The Workplace Escalates To Emotional Abuse

(7/31/18)Noa Zanolli

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.

Donald T. Saposnek

Interview with Don Saposnek

(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.

Wanderley Baldez

The Roots of Mediation in Florida and its Worldwide Influence

(7/27/18)Wanderley Baldez

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.

Leonard Edwards

Mediation in Juvenile Dependency Court: Multiple Perspectives

(7/27/18)Leonard Edwards

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.

Click here for MORE ARTICLES