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Featured Blog Posts


Dick Harris

Dissing of Civil Discourse pt. 1

(5/11/18)Dick Harris

Much has been written about the breakdown in public discourse and civil debate in the country.

Phyllis Pollack

The Need For Preparation!

(5/11/18)Phyllis Pollack

Several times in the past, I have discussed the need for each party to prepare for mediation for it to be successful.

Ronald S. Kraybill

Two-Step to Prioritize Relationship

(5/11/18)Ronald S. Kraybill

A great move for improving your effectiveness in conflict is mastering the two-step discussion process.

John Lande

The New Handshake: Using ODR to Create Value for Consumers and Businesses

(5/11/18)John Lande

ODR can help address a problem often referred to as “access to justice” (A2J).

Tammy Lenski

This Common (but faulty) Reasoning Leads to Bad Decisions

(5/04/18)Tammy Lenski

We like to think of ourselves as rational beings, and yet we act irrationally in all sorts of ways.

Lorraine Segal

Managing a Resentment Relapse at Work

(5/04/18)Lorraine Segal

A client of mine had a resentment relapse recently.

F. Peter Phillips

A New Anagram from Michael Leathes

(5/04/18)F. Peter Phillips

The irrepressible — and for many of us irreplaceable — Michael Leathes has spread the word of a new proposal, for an international negotiation initiative called the International Negotiation Initiative, or INI.

Shirli Kirschner

ADR Pilot Schemes and Programs

(5/04/18)Shirli Kirschner

What are pilot programs, or pilot schemes, in ADR?

James Leshaw

How to Tank a Mediation Without Even Trying

(5/04/18)James Leshaw

Every so often, you may want to tank a mediation.

John Ford

How Teams Can Work Together Despite Opposing Views

(4/27/18)John Ford

While most of us forge friendships with like-minded people who affirm our strongly held beliefs, we don’t choose our colleagues.

Jeff Thompson

People with Depression Use Language Differently – Here’s How to Spot it

(4/27/18)Jeff Thompson

Empathy, clearly an important part of crisis negotiation and intervention begins with understanding a person's perspective.

Jason Dykstra

What All New Leaders Should Understand

(4/27/18)Jason Dykstra

Coming into a role where you are expected to get others to work together efficiently and effectively to create the best possible product or service isn’t an easy task.

Ronald S. Kraybill

How to Lead with Less Anger

(4/27/18)Ronald S. Kraybill

Do you use an angry voice to communicate or give instructions when a firm, even voice would do the job just as well?

Phyllis Pollack

An Update on Prior Disclosure

(4/27/18)Phyllis Pollack

As some of you may recall, the California Law Revision Commission issued its Tentative Recommendation late last year to create an exception to mediation confidentiality.

Chris Straw

Team or Organizational Commitment?

(4/20/18)Chris Straw

Team or organizational commitment: Which leads to better inter-team conflict management?

Recognizing The Signs Of A Conflict Storm

(4/20/18)

By paying attention to the early signs of conflict, you become more aware of a potentially slow-growing storm.

Phyllis Pollack

Over Confidence Can Kill!

(4/20/18)Phyllis Pollack

While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.

Neutral Analysis: A Powerful and Effective Tool

(4/20/18)Clarence Pozza

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.

Jen Reynolds

Backhanded Compliments

(4/20/18)Jen Reynolds

Those of us who teach negotiation often focus on building rapport and being attentive to relational dynamics.

Mark Baer

Start Protecting The Public Before Raising State Bar Fees

(4/13/18)Mark Baer

The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.

Spaces for Peace

(4/13/18)Allegra Chen-Carrel

It is referred to as the Dead Zone, the Green Line or No-Man’s Land.

Claudia Winkler

If You Are Not Willing to Do the Unusual, You Will Have to Settle for the Ordinary

(4/13/18)Claudia Winkler

I combined a recent mediation training with the following schedule: Eat, sleep, snorkel, repeat.

John Sturrock

Optimizing the Use of Joint Sessions in Mediation

(4/13/18)John Sturrock

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving.

Dan Simon

More FAQ’s from Mediators

(4/06/18)Dan Simon

Here are typical questions mediators have at mediation trainings.

Eric Van Loon

Ten Tips Toward Client Arbitration Satisfaction

(4/06/18)Eric Van Loon

Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.

Lorraine Segal

Conflict at Work—the Power of Envisioning Harmony

(4/05/18)Lorraine Segal

A powerful tool for healing and transforming conflict at work is affirming and envisioning harmony.

Tammy Lenski

Is the Overconfidence Effect Sabotaging Your Communication?

(4/05/18)Tammy Lenski

The overconfidence effect is a natural bias toward believing that we’re better at something than we actually are.

Mediate.com ZZZZZ

Mediate.com Recognized as a Top Attorney Directory for SEO!

(3/26/18)Mediate.com

Now celebrating our 23rd Year, Mediate.com has been recognized as a Top Law Firm Directory.

Phyllis Pollack

Settlement Ethics 101

(3/23/18)Phyllis Pollack

So… is the attorney in the Daniels/Trump case in a no-win situation here?

Kathy Popaleni

Strategies for Giving Feedback That People Can Hear

(3/23/18)Kathy Popaleni

More often than not, we are surprised when we get a negative reaction after having provided feedback to a peer or colleague.

Chris Straw

New Hope in Dealing With an Abusive Supervisor

(3/23/18)Chris Straw

Abusive supervisors are ubiquitous in the workplace, causing distress for their employees and costing employers in the US an estimated $23.8 billion each year.

Brennan Frazier

Mini-Grant Deadline Approaching for Community Mediation

(3/16/18)Brennan Frazier

This year’s JAMS Foundation/NAFCM funding focus is Homeless, those facing eviction and public housing.

Mark Baer

Working with Challenging Family Situations: A Mediator's Perspective

(3/16/18)Mark Baer

If you were asked to stop doing any of these simple tasks, what feelings and emotions might you experience?

Bruce Edwards

Why Ego Management is Key to Effective Mediation

(3/16/18)Bruce Edwards

In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers

Phyllis Pollack

The Medium Makes the Difference!

(3/09/18)Phyllis Pollack

The last decade and a half has seen an explosion in communication by every means imaginable other than face to face. For this reason, I believe its points are worth revisiting.

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