Featured Blog Posts
Much has been written about the breakdown in public discourse and civil debate in the country.
Several times in the past, I have discussed the need for each party to prepare for mediation for it to be successful.
(5/11/18)Ronald S. Kraybill
A great move for improving your effectiveness in conflict is mastering the two-step discussion process.
ODR can help address a problem often referred to as “access to justice” (A2J).
We like to think of ourselves as rational beings, and yet we act irrationally in all sorts of ways.
A client of mine had a resentment relapse recently.
(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.
What are pilot programs, or pilot schemes, in ADR?
Every so often, you may want to tank a mediation.
While most of us forge friendships with like-minded people who affirm our strongly held beliefs, we don’t choose our colleagues.
Empathy, clearly an important part of crisis negotiation and intervention begins with understanding a person's perspective.
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.
(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?
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.
Team or organizational commitment: Which leads to better inter-team conflict management?
By paying attention to the early signs of conflict, you become more aware of a potentially slow-growing storm.
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.
In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.
Those of us who teach negotiation often focus on building rapport and being attentive to relational dynamics.
The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.
It is referred to as the Dead Zone, the Green Line or No-Man’s Land.
I combined a recent mediation training with the following schedule: Eat, sleep, snorkel, repeat.
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.
Here are typical questions mediators have at mediation trainings.
(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.
A powerful tool for healing and transforming conflict at work is affirming and envisioning harmony.
The overconfidence effect is a natural bias toward believing that we’re better at something than we actually are.
Now celebrating our 23rd Year, Mediate.com has been recognized as a Top Law Firm Directory.
So… is the attorney in the Daniels/Trump case in a no-win situation here?
More often than not, we are surprised when we get a negative reaction after having provided feedback to a peer or colleague.
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.
This year’s JAMS Foundation/NAFCM funding focus is Homeless, those facing eviction and public housing.
If you were asked to stop doing any of these simple tasks, what feelings and emotions might you experience?
In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers
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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.