Featured Blog Posts
How to maximize your opportunity to "Win" at mediation.
Continually asking questions, rather than making declarations, is a core creed in my resolution work.
We like to feel in control. To lose this sense of control is to be open to doubt, anxiety, and fear.
This article discusses fostering collaboration, mitigating conflict, and improving performance.
Is mandatory mediation training in India too late?
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.
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.
(9/15/20)Dr. Lynne C. Halem
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.
Mediator fit is really important.
ODR is More Than Zoom
Pain is a mixed blessing in mediation.
An example of how dispute resolution can help when the courts can’t.
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.
Why an uncontested divorce makes sense for high net worth couples.
Employee contracts, which were rarely straightforward before the pandemic, are particularly complicated now.
(8/29/20)NAFCM, D.G. Mawn
The National Association for Community Mediation discusses the importance of having a vulnerable vision, and standing up for it.
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.)
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.
Practicing effective communication is one of the most impactful ways to prevent conflict in the workplace.
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.
Have you ever been in a situation with another individual where you have absolutely no idea what they are thinking?
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.
Divorce or separation is a big challenge in itself.
Caucusing can be an important tool during the pandemic stress.
(8/14/20)Lucia Kanter St. Amour
Now How Do We “seal the deal”?
Is there something more I could do, as part of the human community that might make a difference?
If you get married, chances are you probably also going to get divorced. If you get married more than once, those chances go up.
The goal of a consultation like this is not consensus. It is achieving sufficient consent for leaders to lead.
“When there is a patient listener, the speaker starts listening to the speaker within the speaker.”
Disputes generally are an integral part of human interactions arising from different human transactions
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.
At the heart of any dispute resolution process is Trust.
After helping thousands of people resolve disagreements at work, I have found that you can help people with these two words.
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.
(7/31/20)Rich Smukler, Gabriela Szlak
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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?