Featured Blogs Section

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Featured Blog Posts


Maria Simpson

Talking About Conflict

(9/20/19)Maria Simpson

Why would team members want to discuss a sensitive member with someone they don't know?

Phyllis Pollack

Culture Differences

(9/20/19)Phyllis Pollack

During a recent discussion of ethics, I asked whether it would be proper to hide information.

Susan Yates

Characteristics of Quality Court ADR Programs

(9/20/19)Susan Yates

What characteristics do you think are shared by quality court ADR programs? I took a swing at a list here. What would you add? Change?

Dan Simon

Mediation Approaches: We Don’t Have Science, So Let’s Have Principles

(9/20/19)Dan Simon

The research on mediation approaches shows a connection between transformative methods and the best outcomes on all levels.

Mark Kantor

US Appeals Court in “Manifest Disregard” Claim Instructs Arbitrator to Clarify “Irreconcilable Determinations”

(9/20/19)Mark Kantor

I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.

F. Peter Phillips

Arbitration in India

(9/17/19)F. Peter Phillips

In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions.

Bruce Edwards

A Dent in the Universe

(9/16/19)Bruce Edwards

What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?

Uma Ramanathan

Thought Synergy Trajectory in Conflict Management

(9/14/19)Uma Ramanathan

"Between the Fact and Non-Fact is the Conflict," this statement is so blatantly simple that one wonders why we have not been able to dwell on this and recognize that this pulsating split second wonder can have appalling or astounding consequences.

Arran Heal

How to Really Stop Discrimination by Class

(9/12/19)Arran Heal

Discrimination is a tightening net of issues and demands around HR.

Cinnie Noble

Three Sides to Every Story

(9/12/19)Cinnie Noble

When we talk about an interpersonal dispute between two people, we commonly say there are two sides to every story – the other person’s version of events and issues and our own.

Beth Graham

Pouring a Little Psychological Cold Water on ODR

(9/12/19)Beth Graham

In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).

Hiro Aragaki

The African Promise

(9/12/19)Hiro Aragaki

Diversity in ADR is an important topic of late.

Colin Rule

Online Mediation in Dubai

(9/07/19)Colin Rule

The importance of mediation lies in the fact that it is a confidential process and comes at a low cost as compared to litigation. It focuses on the interests of both parties and is a much less aggressive process than litigation/arbitration thus offering a win-win situation for all parties involved.

Jonathan Rodrigues

India’s Internet Citizens Can Finally Settle Online!

(9/07/19)Jonathan Rodrigues

This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?

Jacqueline Burnett-Brown

Minding Your Tongue: How to Recover from a Slip and Fail

(9/06/19)Jacqueline Burnett-Brown

Whether it is a minor slip of the tongue or an entire foot in the mouth, either can lead to some uncomfortable moments followed by the instinct to explain what was “really meant.”

Denise French

Divorce Done Differently!

(9/06/19)Denise French

As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving.

Meredith Richardson

Choose the Road Less Traveled in Conflict

(9/06/19)Meredith Richardson

Are you stuck in a rut in your relationship with someone?

Jennifer Shack

Do Parties Trust Mediators When They’re Not in the Same Room?

(9/06/19)Jennifer Shack

Trust in an experienced mediator is the same whether a mediation participant interacts with that mediator via video or face-to-face, according to recent research.

Michael Moffitt

What’s Sex Got to Do With it: Questioning Research on Gender & Negotiation

(9/06/19)Michael Moffitt

What this means is that while women are not recognized for the skills at which they might be inherently better, it also means that we are failing men by not highlighting opportunities for growth and improvement.

Jane Greenspan

Don’t Overlook the Benefits of Mediation

(8/30/19)Jane Greenspan

Given that none of us have a crystal ball, it would be a poor use of time to attempt to infer how the upcoming presidential election will affect Title IX enforcement, which has changed significantly in the last 10 years.

Cinnie Noble

Conflict: Blown Out of Proportion

(8/30/19)Cinnie Noble

It happens, at times, that our conflicts get blown out of proportion.

Beth Graham

Bargaining in the (Murky) Shadow of Arbitration

(8/30/19)Beth Graham

In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.

Dan Simon

Moving Parents – and a Moving Conversation

(8/30/19)Dan Simon

Empowerment and recognition shifts can happen between people whose interaction has fluctuated for years.

Phyllis Pollack

Apologies Are Not for Everyone!

(8/23/19)Phyllis Pollack

In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated.

Arran Heal

Is Racial Discrimination the Next MeToo?

(8/23/19)Arran Heal

Racial discrimination is a problem that’s bubbling under the surface of workplaces.

Lorraine Segal

The Craziness of Workplace Mobbing

(8/23/19)Lorraine Segal

Workplace mobbing can make you feel crazy.

Nicole Wilmet

Michigan Supreme Court Launches New Online Dispute Resolution Program, MI-Resolve

(8/23/19)Nicole Wilmet

In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.

Jan Schau

Watch Your Language!

(8/16/19)Jan Schau

The objectives in a mediation are much different than in litigation; but often the differences are overlooked.

Dan Simon

Czech Transformative Mediators Empower Parents and Kids

(8/16/19)Dan Simon

Transformative mediation is thriving in Brno, Czech Republic.

John Lande

Reflections on Our Field and Possibilities for Improvement

(8/16/19)John Lande

This article discusses reactions to the huge scope of our field.

Mark Kantor

Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”

(8/16/19)Mark Kantor

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.

Wean Khing Wong

Benefits of Mediation Program for Recently Evicted Families with Children

(8/09/19)Wean Khing Wong

This mediator proposes a upcoming homeless mediation program, the difficulties of working with the homeless population, and the skills a mediator can bring.

F. Peter Phillips

New Swiss Rules of Mediation

(8/09/19)F. Peter Phillips

The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.

Beth Graham

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

(8/09/19)Beth Graham

Nursing homes are now able to have protection and a clear plan with arbitration agreements.

Michael A. Zeytoonian

Re-imagining Collaborative Law, as well as dispute resolution itself

(8/09/19)Michael A. Zeytoonian

I first heard about Collaborative Law (CL) in 2002 as it began to spread around Massachusetts.

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