Featured Blogs Section
Featured Blog Posts
Watch Your Language!
The objectives in a mediation are much different than in litigation; but often the differences are overlooked.
Czech Transformative Mediators Empower Parents and Kids
Transformative mediation is thriving in Brno, Czech Republic.
Reflections on Our Field and Possibilities for Improvement
This article discusses reactions to the huge scope of our field.
A Dent in the Universe
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”
You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.
Benefits of Mediation Program for Recently Evicted Families with Children
This mediator proposes a upcoming homeless mediation program, the difficulties of working with the homeless population, and the skills a mediator can bring.
New Swiss Rules of Mediation
The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.
CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements
Nursing homes are now able to have protection and a clear plan with arbitration agreements.
Re-imagining Collaborative Law, as well as dispute resolution itself
I first heard about Collaborative Law (CL) in 2002 as it began to spread around Massachusetts.
Process Before Substance
Framing is how to present a proposal. Is it presented in a positive fashion or in a negative fashion?
The Best Ten Minutes You’ll Spend All Day
Researchers spent some time in a knowledge-based customer support and back-office service company (i.e. call centre) and conducted an experiment with a portion of its employees.
Verbal Self-Defense Begins with a Mindset of Compassion and Empathy
With Aikido, practitioners learn how to defend without harm to themselves and the attacker.
What Happens if Employers Have to Prove They're Not Discriminating?
Legal recriminations and punishments usually only limit the conversation.
A Negotiation Emergency?
The need for a “Conflict Revolution” is clear. We have a Negotiation Emergency at the same time as we have a Climate Emergency.
An Alternative for the Small Business Owner
The small business owner in divorce faces unique challenges that other, regular W2 employees don’t.
3 Things To Try If You Think Your Spouse Is Contemplating Divorce
How are we supposed to know, 100%, that our marriage, or significant relationship, is secure?
The “Flip Side” in Conflict
It is common that we get so caught up in our conflicts that we only see our side.
Tittle Tattle is the Battle: The Army Mediation Service
Centralized coordination of the Army mediation has proved critical to its success.
Time-bound Mediation: Good or Bad
The article questions whether allocating a specific amount of time for mediation sessions or limiting the entire period within which to complete the mediation process is a good or bad thing.
Best Conditions for Workplace Conflict Resolution: When Can it Work?
In workplace conflict resolution, just as in any peacebuilding effort, much of the success lies in the parties’ motivation to resolve the dispute.
Follow the Platinum Rule in Diverse Workplaces
The Platinum Rule is better than the Golden Rule at work, because not everyone is the same.
We Have to Love More, Hate Less. We Got to Listen More and Talk Less.
A quick thought on what we can learn from women's soccer.
SCOTX Grants Petition For Review Over Local Government Arbitration Question
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
What Happens in the Mediation Room?
I ask both parties to come in for an introductory meeting when they inquire about divorce mediation.
At the End of Our Rope
There are times we become so frustrated with a conflict that we feel spent – that the dynamic and its resolution are insurmountable.
A Way to Turn Anger Into Curiosity
Only people we love and care deeply about can make us so angry we want to blow a gasket, says famed Star Trek actor George Takei.
We Can Work It Out / You Can’t Always Get What You Want
This article looks at musical greats and what their lyrics can teach us about mediation.
The Slippery Slope of Negotiations!
This looks at a PON article which discusses four reasons why a negotiator might proceed down the slippery slope of an ethical lapse.
Mediation and Sitting Protocol
This article explains how the sitting arrangement can help improve the mediation process or cause unease in the parties. It is drawn from the mediator’s experience and illustrates how sitting helps parties gain confidence in the mediator and become more comfortable with each other in their discussions.
May I Talk to the Other Party ?
I have said this before and will say it again: talking to the other party does wonders.
Letting Go and Forgiving
The New York Times “smarter living” column has an interesting piece about letting go of grudges and forgiving others.
US Sup Ct Grants Review to Decide Whether New York Convention Permits Non-Signatory to Compel International Arbitration on Equitable Estoppel Grounds
The dispute addresses whether, under the New York Convention, a non-signatory can compel arbitration.
Mediating Custody in Highly Contested Divorce Cases
Child custody is often the most contentious aspect of divorce proceedings.
How Forgiveness Benefits You After The Divorce
Everyone wants to be right, but oftentimes, holding onto one’s pride tears the relationship apart.