Legal Client Retention Through Mediation
Many people have become attorney averse and will avoid the use of lawyers by almost any means. Since this attitude is so pervasive, it behooves attorneys to do whatever they can to make the experience of the client worthwhile in any way possible. One process that is perceived by clients as positive is mediation.
Beyond Reason: A Framework For Use Of Emotions In Negotiation & Mediation (Book Review)
This book by Roger Fisher and Dan Shapiro shows the versatility and brilliance of the Harvard Negotiation Project. After decades of teaching us that negotiation and also mediation is a matter of focus on 'process, interests, needs and substance' we are now told that 'emotions' have a unique and powerful influence upon the negotiation and the results of the negotiation.
The Conflict Resolution Toolbox (Book Review)
Gary Furlong’s new book is one that seems to present a new paradigm for the field. Mr. Furlong creates a very new concept in the literature of Mediation. His book may very well be a seminal work in the manner in which mediating and training of mediators is structured into the future. Mr. Furlong suggests something that does not seem to exist in this form presently. So, what is it that Mr. Furlong gives that could be that important, that significant?
Basic Skills for the New Arbitrator (Book Review)
Often times people who are highly experienced in either Negotiation, Mediation or Arbitration wish to try and enter one of the other of these three as a field of avocation. If you are a Negotiator or Mediator and have been considering adding Arbitration to your repertoire of services, then this book was written for YOU!
Over Emphasis Of Legal Issues In Mediation May Be Detrimental To Settlement
This article attempts to incisively examine why certain processes might fail because of an over emphasis on the legal aspects of the case.
The Kid’s Guide To Working Out Conflicts (Book Review)
In Naomi Drew’s newest book she presents one of the very best exhortations and explanations ever written on Peer Mediation. Peer Mediation usually refers to the process of mediation between and with Children/Adolescents in school situations. Most books on the subject try to help schools develop “in school” programs to support a Peer Mediation Implementation. It has been definitively shown, that such a program provides an outlet, a forum to discuss and resolve conflicts that arise and such a forum significantly reduces school violence. The forum allows the release of frustration and retaliation in violent manners, especially by the abused.
Using Elder Mediation To Resolve Conflict Among Families, Seniors, And Organizations (Book Review)
The realities of Elder Care are almost an inevitable mine field that most people at some point in their lives will face. To mental health professionals, this concept is a virtual 'given.' However, some of us in the field of mediation may not have yet stumbled upon this epiphany, that in dealing with Elder Care, people are dealing with 'families, seniors and organizations.'
Party-Directed Mediation: Pre-Caucus Empowers Party-Directed Joint Session
In this article, Billikopf and Linden talk about Party-Directed Mediation, give examples of where the technique is used, discuss the types of cases that seem to be most amenable to the use of this approach, and finally, discuss where the style can be of greater use to mediators.
The Expert Mediator versus The Subject Expert
This article is meant to be a provocative piece on a long discussed subject in the field of mediation. It is meant to challenge some existing notions on both sides, but particularly to provoke reaction and thought within the industry of ADR/Mediation. In doing so, I am intentionally taking an extreme position, that being, “If one is truly an expert mediator then subject knowledge is totally superfluous.”
Conflicting Ethical & Moral Values-How Does A Mediator Deal With His/Her Own Values?
This article is meant to pose a mediation problem that challenges the assumption of neutrality, and poses some possible outcomes that may depend on a mediator’s personal ethics and morality. These, especially with respect to how they intersect with the manner in which they mediate.
Helping Others Resolve Differences (Book Review)
Gregory Billikopf’s new book is an important one. In it, Mr. Billikopf introduces a NEW approach to Mediation. Upon first encountering it, it seems totally new, but upon reading it, the reader will find, that some elements of his new concept are already in use, just not to the extent which Mr. Billikopf suggests that they can be used. As an introduction, Mr. Billikopf is a very transformative mediator in overall style. However, he mixes and matches the good from all types of mediation styles in his work.
Beyond Neutrality (Book Review)
In Bernie Mayer’s new book, Beyond Neutrality the author introduces a new dimension of definition for the field of ADR, and more specifically, for the field of Mediation. The book is predicated on the recognition that ADR/Mediators should be able to help their clients more, by expanding the roles that each of us will play. The new roles involve other disciplines and our own, in trying to redefine ourselves in a broader and more all encompassing manner.
Virtual Intimate Privacy: The Perfect Mediation State
In book after book that I read about mediation, there is so much attention paid to the “environment” in which the mediation takes place. Virtual Intimate Privacy is a concept I coined previously. In this article, I would like to expand upon the concept, and elaborate how it can be used to handle and facilitate the most intransigent mediations.
Marketing Monday 8 Days A Week (Book Review)
In Marketing Monday 8 Days A Week Ms. Armstrong manages to capture her keen sighted advise over the past 3 years. The book consists of an organized compilation of the best of her weekly columns about how to market an ADR practice. Like the newsletter, the book is whimsically wonderful.
On Line Dispute Resolution For Business (Book Review)
ODR For Business by Colin Rule is an important book, being only the second book yet published for the general marketplace about On Line Dispute Resolution. In addition, the book is application oriented, rather than theoretical.
Review: The Mediate.com Dynamic Web Site Package
It has long been known in the mediation industry, that if you need a website and don’t want to design it yourself or pay for someone to do it for you, the best place to turn is www.mediate.com. The Dynamic Website Package offers site owners the most advanced and flexible website design process that I am aware of in the mediation industry or anywhere else on the Internet. It is easy to maintain and very well designed with infinite flexibility.
Face To Face vs. On-Line Facilitation: What To Put At The World Trade Center Site?
I was among a very few individuals who got the opportunity to facilitate the discussion in both the Javits Center Face-To- Face format and the WebLab On-Line format. This unique concordance of events allowed me to compare and contrast the Face-To-Face and On-Line Environments for almost precisely the same topical substance.
Negotiating Skills For Managers (Book Review)
Author, Stephen Cohen has created a uniquely constructed book, very much designed in layout to be an easy reference book for managers. The layout allows managers to quickly locate key concepts within the book by boxing those particular points and using a coded indicator as to what type of advice is contained therein.
The Keys To Conflict Resolution: Proven Methods Of Resolving Disputes Voluntarily (Book Review)
Mr. Kheel’s book is a truly refreshing book on Alternative Dispute Resolution. The book is filled with highly instructive advice on how to improve the manner in which the ADR practitioner does his job. And in addition, the author backs up his advice with some extremely high profile examples of just how and when certain techniques should be utilized.
Becoming A Mediator: An Insiders Guide To Exploring Careers In Mediation (Book Review)
For those mediators who are still asking themselves the question, 'Should I Really Be A Mediator?' Lovenheim's book is truly an excellent source to help the reader answer this question. Lovenheim is not concerned primarily with Mediation styles so much as he is focused on what being a mediator is really all about.
The Essential Guide To Marketing Your ADR Practice (Book Review)
Ms. Armstrong’s book is clear, clean, professional marketing advice for the ADR practitioner. Her book is easy to read and filled with wise and insightful advice for the ADR professional.
Reconciliation and Mediation: An Interview with Laura Davis
Book section editor, Jon Linden interviews Laura Davis about her recent book, and how it relates to the world of mediation and conflict resolution.
I Thought We’d Never Speak Again (Book Review)
In her latest book, Ms. Davis presents a deeply incisive and introspective look at the human phenomenon of reconciliation. The book holds significant meaning for the mediator because the process of reconciliation and the process of mediation are not only tangentially related, but in fact, sometimes coalesce into one and the same.
Online Dispute Resolution: Resolving Conflicts In Cyberspace (Book Review)
In their book 'Online Dispute Resolution,' Katsh and Rifkin take on one of the most controversial emerging trends in Mediation and Arbitration today: Online ADR. Read our Book Section Editor's review of this important book.
I Hear What You Are Saying, But What Are You Telling Me (Book Review)
In her book, Ms. Madonik presents a multitude of examples of the non-verbal interaction of disputants, and how the 'neutral' can use these signs, cues and meta-messages to bring about a more comprehensive, meaningful and lasting resolution to the conflict.
Managing Public Disputes: A Practical Guide for Government, Business and Citizens’ Groups (Book Review)
For those who are considering facilitation of Public Issues, the book gives a well grounded explanation of the techniques and methods that can be utilized to allow such issues to be well resolved with appropriate acceptance by all relevant factions and groups affected by the issue.
The Dynamics Of Conflict Resolution (Book Review)
Mayer presents a particularly unique perspective on the resolution of disputes and the prevention of conflict. The book should be read by all deep thinking 'conflict resolution' practitioners as they consider what it is they are trying to achieve by choosing this profession.
Mosten Lays It Out, Step by Step
Mediation Career Guide: A Strategic Approach to Building A Successful Practice
In truly one of the finest books on building a mediation practice ever to be published, Mosten basically gives the reader a Manual for creating and expanding a mediation practice.
The Quantum Manager vs. the Machiavellian Manager - The Demise of the Bureaucratic Management System
While presently, it seems anathema, to expect that the leaders of the corporations would change their methods and become "coaches" and "information disseminators", instead of purely 'delegators' and 'information hoarders', this change will come about.
The Decade of Mediation Is Now
This New Book Review Section has been launched by Mediate.com to assist readers to wade through the growing library of books on mediation and conflict resolution. As Section Editor I hope to gain your confidence by providing well-written and brief descriptive reviews of the available books and to assist you in making intelligent selections. I also wish to encourage others to share their views of books they have read.
The “Attorney Friendly” Mediator
One of the hottest topics in mediation currently involves the question of attorney versus non-attorney mediators. Both groups are misguided in their concerns with respect to mediation.
Mediation Styles: The Purists vs. The “Toolkit”
One of the most hotly debated topics of discussion in the mediation industry today is the question of “style” of mediation.