Featured Blogs Section
Featured Blog Posts
Two Words
After helping thousands of people resolve disagreements at work, I have found that you can help people with these two words.
Substance of Negotiation in Mediation
The article explains how mediator can facilitate disputing parties to resolve the dispute by making them understand what exactly they want. By using two case studies, the article highlights the skills used by the mediator in assisting the parties in negotiation.
If a Crime is Admitted, What Then?
If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?
In Their Voices: Video with Joyce Oddison
This article shares a video of Michael Lang interviewing Joyce Oddison about how to stay resilient through difficult times.
How Was It?
Whenever I make a presentation or moderate a session, I call the convenor or speaker afterwards and simply ask: How was it?
The Delhi Pact, 1950: Negotiating to Not Wage War
This article critically analyses the various flaws in the 6-day negotiation that took place between the Indian and Pakistani Government with respect to the Liaquat-Nehru Pact. It throws light on the fact that though this negotiation wasn't principally ethical or viable but was very much required to save the world from becoming a spectator to yet another war.
Some Practical Considerations When Mediating Online!
This article discusses the practical considerations or the do’s and don’ts of conducting a mediation online.
Feedback, Hot Buttons, and White Fragility
Being open to difficult feedback, even about racism, can help you grow.
The Conflict Iceberg
The metaphor of an iceberg has commonly been used as a metaphor about conflict.
Simple Magic - A haiku
This is a haiku that discusses the art of dispute resolution.
Using E-Mediation and Online Mediation Techniques for Conflict
Where medicine may have been conventional, the most conservative profession is often thought to be law.
BATNAs and the Emotional Pains from “Positional Negotiation”
If you have problems with BATNA theory, you aren’t the only one.
Online Dispute Resolution: You Can Do This!
Aspects of ODR have been with us in one form another for decades.
Change Power is in the Process: When Listening is Not Enough
Since the untimely and senseless killing of George Floyd in Minneapolis on May 25, 2020, the response from many organizations, places of work, and corporations have been to hold listening sessions specifically for African Americans to “share their story” with their peers.
Use Mediators and Police as Conflict Resolution Partners
In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.
Mediators Needed in this Time Which Tries Our Souls
I am calling upon all Professional Mediators to deploy as a powerful peacemaking force in our current national crisis.
Failing to Notice the Generosity of Others
Empathy within a mediation session can prove a catalyst for success as long the mediator helps parties not miss the opportunity. Recognizing this skill and the courage of parties to move from entrenched positions will not be missed by an experienced mediator.
What Do ‘Lay’ People Know About Justice?
University teachers faced with marking hundreds of papers have been known to find some crumbs of comfort in students’ more eccentric answers.
Let Communities and Police Together Keep the Peace: Op-Ed
: Op-EdScores of cellphone videos, capturing police violence around the country, have revealed to millions the depth and breadth of systemic racial bias in the United States. Understandably, many are calling for a new way.
BATNA’S Got to Go
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.
Mediation in the Legal Culture of Italian Lawyers: Some Data from an Empirical Study
In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.
Parenting While Angry
This article is arranged as an open letter to my clients, who are divorcing during the pandemic.
Did Traditional Mediation Die?
After writing the obituary, many comments came forward saying mediation was not dead. It was different. This is a response to those comments.
Kristen Blankley: New Opportunities for Pro Bono in a Pandemic
COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others.
George Floyd: A Call to White Leadership
The purpose of this brief article is to respond to the article titled “George Floyd: What Leaders Need To Do Now,”published in Mediate.com and to offer some comments by a living black man whose paternal grandfather and grandmother were slaves.
Using Mediation for Family Business Disputes
Being in business with family members involves some unique dynamics that are not present with other types of business arrangements.
Behind the Legal Frustration
This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question relating to the effectiveness of arbitration in comparison to litigation.
Addressing Ethical Issues in Online Mediations
Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues.
Avoiding the Need for Workplace Dispute Resolution
Conflict arises in most workplaces at one point or another, but companies who take time to address the unmet needs of their employees may find that they have an easier time preventing or managing conflict overall.
Mediating Disputes Involving Financially Shaky Defendants
My experience suggests that the mediator's toolbox contains techniques that can help financially shaky defendants settle.
Make Your Next Apology Irresistible
Apologies are an important part of conflict resolution--and they are not always easy!
Mumbai Set to Host India’s First Masters Course in Mediation
Mediation in India has taken giant strides over the last few years. The new course offerings are a testament to these advances.
Ministerial Panel on Extrajudicial Proceedings in Civil and Commercial Matters
The Manifesto of Justice Complementary to the Jurisdictional System: A Concrete Answer to the Social and Economic Emergency. An Italian manifesto for resolving social disputes.
Managing Conflict at Home During COVID-19
This links to a free course for practitioners, or to show to their clients as a resource, for resolving home conflict during the quarantine.
Congress Awakes!
This is an opinion piece about the country's response to the pandemic: "There is no simple prescription without the hard work of identifying the precise nature of our problems and working together toward their remedy."