(8/15/21)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:
(8/13/21)Jennifer Schulz, Pat Bragg
What a fun, dense, and important read about mediation!
India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020. As part of the reforms to the justice system to better manage the backlog there has been a concerted push to ADR processes.
Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases.
Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.
Most disputes in litigation involve a procedural phase for the preparation and exchange of expert reports and the interrogation of the experts’ opinions.
“Advocacy is a conscious act of support, expressed by speaking or writing on behalf of another person, an idea, a cause or a policy.”
As parents, we try to protect our kids from undue stress. But the reality is that life is inherently stressful. While we may not be able to protect our kids from all stress we can help them learn to cope and adjust.
(8/12/21)Cinnie Noble, Patricia Porter
Conflict coaching, also known as conflict management coaching, is a one on one process in which a trained coach supports clients to strengthen their conflict competence, including their confidence and comfort to engage more effectively in their interpersonal disputes. This process may also be used for pre-mediation to prepare parties to participate more effectively in the mediation process or to prepare for any facilitated dialogue/discussion.
This paper seeks to draw upon the experiences of Nigeria as a growing mediation movement to serve as a blueprint for emerging mediation movements.
A great article emphasizing that mediators take the time to identify and learn useful online technologies and how to make your online meetings most effective and successful.
With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictional implications.
As we gradually emerge from the dark cloud of the pandemic, conversations among mediators have shifted and we are now wondering whether we want to return to in person mediation, whether we will try a hybrid approach or whether we will continue to virtual mediation.
Collaborative Practice is a process to resolve family law conflict without the use of the court. Each person has their own attorney, but should the matter go to court, the attorneys are prohibited from participating in the court process. This changes everything. Instead of gearing up for litigation the attorneys becoming settlement specialists. Everyone has a vested interest in assisting the clients reach an agreement.
This report focuses on questions and issues considered by the Committee on Experiential Online Mediation Training:
Clinics, Simulations, and Video Feedback, as part of Mediate.com's Online Mediation Training Task Force. This complete committee report highlights valuable resources and committee recommendations for moving forward.
. . . An agreement seems to be emerging, to the relief of the plaintiff whose human rights complaint against the defendant employer has been dragging on for months. . .
I have been mediating for over twenty-five years. During this time, I have had many different experiences with clients, including the good and the bad.
The Argentine Republic has a Federal System of Government where the National State and Provincial States coexist. The regulation of Mediation is a power that is understood to be reserved to the latter. Because of this, we must keep these two areas in mind to carry out the analysis.
While a population that distrusts organized government and veers towards private handlings of delicate matters might seem perfectly primed to welcome mediation into its dispute resolution culture, Russian intelligencia first brought mediation to the forefront of legislative consideration in the 21st century, with legislation authorizing the use of mediation in Russia only being passed in 2011.
Lonnie and Chris got married right out of college.¹ They had a lot of ups and downs, and over time, they grew apart. After 20 years, they decided to divorce.
(8/09/21)Joan Feeney, Phillip Shefferly
A podcast from JAMS featuring Hon. Joan N. Feeney (Ret.) and Hon Phillip J. Shefferly (Ret.) discussing the intersection of ADR and bankruptcy disputes, drawing on their experience as retired bankruptcy judges and mediators
When President Trump was in office, I wrote a series of posts about his negotiation habits based on contemporary news accounts.
Harvard’s PONS defined vividness bias as “…the tendency to overweight the vivid and prestigious attributes of a decision, such as a salary or an employer’s status, and underweight less impressive issues, such as location or rapport with colleagues.”
This is an extremely important topic to consider when thinking about how to effectively engage in conflict resolution, especially when dealing with escalated situations. When considering how to engage in emotional self-regulation, it is crucial to first recognize our triggers. Asking ourselves, “What kinds of situations tend to trigger me?” is one way of doing this.
The Online Mediation Marketing Committee considered the following issues: 1) What resources, resource center(s) and organizational support will best support the elevation, acceptance and use of online mediation training and online mediation services; 2) How can mediation providers and policy organizations best support the expansion of online mediation providers; 3) How can mediators and other professionals best support the expansion of online mediation; and 4) What are the best new opportunities for expanding the application of mediation and online mediation services?
The term “Mentor” been commonly used to include guide, champion, teacher, supervisor. Today because we inherited many traditions of mentoring practices, we continue to use the term broadly while also attempting to give it somewhat more definition in terms of mediation and related professional practices.
At the request of Mediate.com, a small group of US-based public policy and large group mediators/mediation trainers met online during the winter/spring of 2021 to consider best practices and ideas to enhance online training and practice. This report summarizes our ideas and recommendations for ourselves, our colleagues and Mediate.com.
The Family and Elder Committee was initially tasked with Considering the Following Questions: 1) How can family and elder mediation training be improved to embrace online mediation; and
2) How can family and elder mediation training best be offered online, for basic training, advanced training, and ongoing continuing education?
In November 2020, Mediate.com approached D.G. Mawn of the National Association for Community Mediation (NAFCM) to facilitate a national think tank regarding possible support Mediate.com may wish to consider which would strengthen and broaden the impact of community mediation through on-line access. The exact charge was: Develop best-practice recommendations for Mediate.com regarding their online services so they best support the field of community mediation to embrace and offer online mediation services and utilize and benefit from basic and ongoing online mediation training.
Earlier this month, the United Nations Commission on International Trade Law adopted the UNCITRAL Mediation Rules, the UNCITRAL Notes on Mediation, and the Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation.
(7/30/21)Ronald S. Kraybill
With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.
FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?.”
How do you respond to conflict? It is very personal, and is based on millions of experiences that have shaped each person.
This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public.
Recently, I discussed an empirical study conducted by University of Hawaii Professor Justin D. Levinson and Mark Bennett, U. S. District Judge (ret.) on 239 sitting federal and state judges regarding their implicit bias towards “largely favored minority groups”.
This haiku discusses the power of simple and basic communication.
Growing up is complicated enough on its own. Having parents' divorce can make it even harder. To avoid the psychological effects of divorce on children, parents should go through the process gracefully.
(7/30/21)Carl Schneider, Audrey Yowell
An interview with Carl Schneider and Audrey Yowell about how they integrate their mediation carriers and their marriage. Recorded and shared as part of the Mediation 2020 Conference.
“Once a wound has healed, it cannot bleed again.”
(7/25/21)Kiki Grossman, A.J. Grossman
This is an interview with A.J. and KiKi Grossman about how they have developed their mediation carriers and integrated their work with their relationship and home life.
Recently, I attended a Zoom presentation sponsored by the American Jewish Committee San Francisco entitled, “Judging Implicit Bias: The Role of Implicit Bias in Judicial Decision-making.”
One beautiful morning my toddler was playing in his Cozy Coupe toy car when it was time for me to take him to playgroup.
A common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am I going to have to hire a lawyer?”
The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances.
(7/23/21)Dusty and Vicky Rhoades, Dan Simon
Constructive dialogue is essential in our world today, and indeed, transformative. It has the ability to open our eyes to the pain of others as well as our own.
One of the big issues that creates conflict at work and interferes with harmonious relationships, is many people’s inability to acknowledge their own mistakes.
The United Nations Commission on International Trade Law adopted a simplified insolvency regime that recommends mediation to resolve disputes between financial sector creditors and small debtors during its 54th Session.
Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?
The COVID-19 pandemic has changed numerous areas of our lives, including education.
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When you’re arguing, the worst thing that you can do is expect one person to come out of the argument victorious.