Featured Blog Posts
Thursday (10 June) was Empathy Day. Schools up and down the UK are running activities around what empathy is, why we need to be able to listen and understand each other’s experience and perspective.
We’ve all heard the phrases “saving face” or “losing face.” How does the concept of FACE play a role in conflict?
Taking offense at even minor things is a phenomenon that has been growing steadily over the last several decades.
Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion.
(6/11/21)Lydia Vanderkaay, Dan Simon
"I know much of our work is done privately in mediation rooms or with groups and we rarely get this level of public acknowledgement so I thought it was important to share!"
(6/11/21)Mohamad Radwan Al Omar
Most of the old generations in the Middle East witnessed arranged marriages, which escalated into disputes and conflicts afterwards due to the lack of love. This is why I spent most of my childhood mediating between family members, friends, and neighbors so they can solve their issues, and reach collaborative solutions, without knowing that this can be a profession one day.
This article illustrates how a combination of common sense and good luck can produce a positive outcome in mediation.
(6/04/21)Eric R. Galton, Lela Love, Jerome F. Weiss
If the point of mediation is to get parties together to discuss and thereby resolve their problems, why is the distinct trend to keep the parties apart?
Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.
Conflict situations frequently revolve around people who have gotten very set in their beliefs and very intolerant of others who do not hold those same beliefs.
I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.
I recently came across a 2019 book about poker that has given me new insights into how I can help parties make good decisions in mediation
This post provides an overview of some findings from an empirical study on online mediation. Nearly 500 mediators from around the world answered questions about advantages, obstacles, best practices, and settlement rates. The post provides an overview and analysis of English-language responses.
You may have seen this recent New York Times story about the failure of Marathon County, Wisconsin, to declare itself “A Community for All.”
Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.”
Bill and Melinda Gates recently announced that they are divorcing after 27 years. Besides having to address their billions of dollars and their enormously influential foundation, this has brought attention to issues of a mature (or “gray”) divorce.
In April 2021, the Hawaii legislature passed legislation to amend the state’s landlord-tenant code in the wake of COVID-19 and encouraged use of ADR.
Reality, to us, is expressed through Language.
Miles Davis once said, “If you understood everything I said, you’d be me.”
When I work with clients, I first listen carefully and empathically to their story. They need to tell it and I need to hear it.
(5/24/21)Deirdre McCarthy Gallagher
In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast.
If we listen to the main stream media, it can often seem as if there is no hope for people of different beliefs, races, religions, politics, gender etc. to be in the same room together much less get along.
When negotiating, think about the power dynamics at play and especially where lies the balance of power.
Using a recent California appellate decision as a jumping off point, it identifies problems with mandatory mediation and recommends that courts use good dispute system design procedures to reduce risks of creating Frankensteins – mediation that produces injustices.
It’s clear that COVID-19 has catapulted Online Dispute Resolution (ODR) into the spotlight. In this universally stressful year, there is great promise for online mediation.
Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining.
As efforts ramp up to address the impending eviction crisis, I thought I’d revisit studies of two existing eviction mediation programs (in Minnesota and St. Louis) that were published last year.
Have you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics?
As difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for the children of the relationship.
For many, campuses of higher education institutions are where students will develop their identities.
A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension.
The Harvard Program on Negotiation published an article worth discussing on April 19, 2021 on “The Mediation Process and Dispute Resolution”.
It seems to me – based on my work as a conflict management coach and, well, just as myself – that one of the things that leads to interpersonal conflict is when we have expectations of another.
(4/23/21)Bruce Ally, Maurice Ford
Larger companies in the industry have access to formalized systems including human resources departments--what about others?
(4/23/21)Celeida Maria Celentano Laporta
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In view of this article’s theme, which concerns the management of labor conflicts, we will focus in particular on the legal institute of mediation and its effectiveness.