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Featured Blog Posts


John Lande

How Can We Fix Legal System Failures to Properly Handle Sexual Offenses?

(10/19/18)John Lande

Over the past year, we have witnessed growing evidence of the massive failures of our legal system to deal properly with a rampant system in which powerful men sexually dominate others, especially women.

Dan Simon

The Next Level of Impartiality

(10/19/18)Dan Simon

All mediators understand that we’re supposed to be impartial. Our ideas about what that means fall on a continuum.

Kim Taylor

Powerful Words on Inclusion and the Impact to Follow

(10/19/18)Kim Taylor

In a recent article, Kim Taylor, senior vice president and chief legal and operating officer at JAMS, discusses the importance of inclusion and diversity as it relates to alternative dispute resolution (ADR) and specifically arbitration.

Phyllis Pollack

Ethical Fading

(10/19/18)Phyllis Pollack

Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.

Michael A. Zeytoonian

Why Wouldn’t You Work Together to Solve Your Legal Problem?

(10/13/18)Michael A. Zeytoonian

Collaborative. In the business world, in medicine, high technology, healthcare, engineering, education, aeronautics, manufacturing, public service, first responders, military defense, invention – in just about every field of endeavor, we see this word popping up over and over again.

Michael Heller

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

(10/13/18)Michael Heller

The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.

Tammy Lenski

The Type of Problem That Makes Conflict Resolution Harder

(10/13/18)Tammy Lenski

Gravity problems make conflict resolution more difficult because they sidetrack us from actionable problems.

F. Peter Phillips

Concerns on the New Singapore Convention

(10/13/18)F. Peter Phillips

The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.”

Brennan Frazier

Call for Community Mediation Surveys

(10/05/18)Brennan Frazier

This is a survey request to develop and implement a two-phase data collection process in order to determine the present state of community mediation.

Phyllis Pollack

Too Many Cooks in the Kitchen!

(10/05/18)Phyllis Pollack

I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.

Meredith Richardson

How to Break Free of An Addictive Relationship

(10/05/18)Meredith Richardson

You can choose whether to continue with an addictive relationship.

Susan Yates

My Favorite Resource Featuring Catherine Geyer

(10/05/18)Susan Yates

Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.

Joy Rosenthal

Why Do I Want You to Stay in the Room?

(10/05/18)Joy Rosenthal

I want to say a word about neutrality, which is a very important concept in mediation.

John Lande

Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

(9/28/18)John Lande

Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.

Lesley Allport

Never Make Assumptions About Colleagues

(9/28/18)Lesley Allport

Whenever it comes to other people, our prejudices – and a pretty basic lack of knowledge – are what tend to rule.

Cinnie Noble

Conflict Assumptions

(9/28/18)Cinnie Noble

When we are in conflict with another it is often the case that we make assumptions about her or him.

Joy Rosenthal

R-E-S-P-E-C-T — Find Out What it Means to Me!

(9/24/18)Joy Rosenthal

I write this just days after the death of the infamous Queen of Soul, Aretha Franklin.

Juhi Gupta

Mandatory Pre-institution Commercial Mediation in India

(9/24/18)Juhi Gupta

This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?

Jan Frankel Schau

The Science of Negotiation

(9/24/18)Jan Frankel Schau

Follow, if you will, the mediation of a sexual harassment claim to learn the basic principles of mediation.

Phyllis Pollack

Generating Multiple Options!

(9/24/18)Phyllis Pollack

Attending a mediation requires making difficult decisions.

Cinnie Noble

If I Had To Do It Again…

(9/17/18)Cinnie Noble

Many of us revisit conflicts and other interactions in our heads – and sometimes many times – wishing we had the opportunity to do it again.

F. Peter Phillips

Mediation Summit in Changsha, China

(9/17/18)F. Peter Phillips

This historic Chinese summit discussed discussed implications of the Belt/Road Initiative, announced five years ago.

Lorraine Segal

Affirming the Good in Workplace Conflict—the positive role of affirmations

(9/17/18)Lorraine Segal

One of the tools I use frequently with conflict coaching clients, as well as for myself, is affirmations.

John Lande

What Do Litigants Really Want?

(9/06/18)John Lande

This discusses the article "Inside the Mind of the Client."

Tammy Lenski

3 Ways to Turn Adversaries into Problem-Solving Partners

(9/06/18)Tammy Lenski

Most people don’t want to be wrangled into doing something you want but they don’t. Here are three ways to turn them into your problem-solving partners and dissolve resistance.

Cinnie Noble

People-Pleasing

(9/06/18)Cinnie Noble

Would you call yourself a people-pleaser?

Ronald S. Kraybill

Stop Giving Others Insult Power

(9/06/18)Ronald S. Kraybill

Do you know people who get upset and insulted easily?

Lorraine Segal

How Avoidance Can Help You with Workplace Conflict

(8/31/18)Lorraine Segal

It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.

Cinnie Noble

Paying Forward Conflict Lessons

(8/31/18)Cinnie Noble

"Thank you for listening to me and my side of our dispute and for disagreeing with me in the gracious way you did--" I learned so much from those words.

Tammy Lenski

How to Express a Concern Without Making Things Worse

(8/31/18)Tammy Lenski

When I ask clients why they let a problem go on for so long before addressing it, a common reply is, “I was afraid I’d create more conflict by raising it.”

Michael A. Zeytoonian

10 things to think about BEFORE you decide whether to litigate and which lawyer to hire

(8/31/18)Michael A. Zeytoonian

When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.

John Wade

Evaluative Mediation---Curriculum modules

(8/24/18)John Wade

This article discusses topics that often come up in Evaluative Mediation trainings: A selected number can be included in a course on evaluative mediation, and exercises used to assist “learning” of those topics.

Ebrahim Patelia

Why Labelling and Group Identity Matters in Conflict?

(8/24/18)Ebrahim Patelia

Labels are increasingly being used to leverage support for group identities and ideals.

Phyllis Pollack

Revenge as a Learning Experience

(8/24/18)Phyllis Pollack

No doubt, at some point in your life, you have wanted to take revenge against someone who “did you wrong”.

Eunice Chua

Feel The Earth Move – Shifts In The International Dispute Resolution Landscape

(8/24/18)Eunice Chua

Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.

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