Featured Blogs Section
Featured Blog Posts
View from the mediator’s chair – what to do (and not do) in mediation
How to maximize your opportunity to "Win" at mediation.
Three Questions to Resolve Conflict
Continually asking questions, rather than making declarations, is a core creed in my resolution work.
Taking Control of Mediation
We like to feel in control. To lose this sense of control is to be open to doubt, anxiety, and fear.
Therapeutic Alliances in Organizations
This article discusses fostering collaboration, mitigating conflict, and improving performance.
Mandatory Course on Mediation for Law Students in India
Is mandatory mediation training in India too late?
Max Schrems strikes again! Where next for Mediation Service Providers and their mediators?
Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.
What Brad Pitt and Angelina Jolie Can Teach Us About the Neutrality of the Mediator
Pitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing.
In the Time of Covid-19: The Rush to Modification
Today as the coronavirus keeps us isolated, huddled in our homes, fearful of venturing too far or thinking too deeply, we cannot long ignore the pandemic’s impact on contractual deals that we made when we thought we understood the present and even banked on a better tomorrow.
When Three Becomes a Crowd
An example of how dispute resolution can help when the courts can’t.
The Importance of Accurately Attributing Gains on Separate Property in Divorce
Let’s take a simple example to show why a back of the envelope calculation could provide a completely inaccurate picture of the value of the marital vs separate portions of a joint account.
Breaking Up Doesn’t Have to Mean Going Broke
Why an uncontested divorce makes sense for high net worth couples.
Employee Contracts Are Becoming Complicated Amid COVID-19
Employee contracts, which were rarely straightforward before the pandemic, are particularly complicated now.
NAFCM Vulnerable Visions
The National Association for Community Mediation discusses the importance of having a vulnerable vision, and standing up for it.
“Death by a thousand paper cuts.”
The term “microaggression” was coined in the 1970s by Dr. Chester Pierce who is a psychiatrist, and refers to “subtle, stunning, often automatic, and nonverbal exchanges which are ‘put downs’ of Black people and members of other minority groups; ‘micro’ refers to their routine frequency, not the scale of their impact.” (Id.)
Criticizing Others
One way that some of us cope when we are in conflict is to criticize the other person for something he or she is saying or doing.
Using Assertive Communication as a Way to Prevent Conflict in the Workplace
Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.
How is Your Attitude? It makes a difference!
There is a saying among mediators: often at the start of a mediation, the mediator is the only optimistic person in the room. She is the only one who believes the matter will settle.
Mind Reading is Not a Communication Strategy
Have you ever been in a situation with another individual where you have absolutely no idea what they are thinking?
From Eye-Rolls to Grimaces: Understanding Body Language in Virtual Mediations
Today’s post explores the role of body language in virtual or remote mediations, where mediators see participants in a box and on a screen as opposed to in a chair and in person.
Mediator’s Thoughts for Parents During the Pandemic
Divorce or separation is a big challenge in itself.
Divorce Mediation: Using Caucusing to Relieve Pandemic Stress
Caucusing can be an important tool during the pandemic stress.
I am no good at making masks, so how can I pitch in during the pandemic?
Is there something more I could do, as part of the human community that might make a difference?
People are Idiots; Marriage is Dumb; and You Are All Going to Get Divorced
If you get married, chances are you probably also going to get divorced. If you get married more than once, those chances go up.
Cutback Planning: Consultation in a Time of Retrenchment
The goal of a consultation like this is not consensus. It is achieving sufficient consent for leaders to lead.
Navigating the Listening in Mediation
“When there is a patient listener, the speaker starts listening to the speaker within the speaker.”
Online Dispute Resolution (ODR): A Viable Solution to Speed and Efficiency Issues in ADR
Disputes generally are an integral part of human interactions arising from different human transactions
The Enugu State Multi-Door Courthouse (ESMDC)
The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.
Trust Must Be Earned; Trust is Fragile
At the heart of any dispute resolution process is Trust.
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?