Featured Blogs Section
Featured Blog Posts
New Jersey Statute Regulates Settlement Agreements
Many New Jersey mediators consider it their responsibility to encourage parties’ counsel, when drafting an MOU memorializing a settlement agreement at the end of a mediation, to include words to the effect that, while further documentation is contemplated, the parties agree to be bound by the terms in the MOU.
Self-Blame in Conflict
It happens for many of us that we take on the whole responsibility of our interpersonal conflicts – to our detriment.
What Challenging Workplace Behavior Are You Dealing with in the New Year?
For the past year, Conflict Connections and MH Mediate have been developing a set of resources to help people address the ten toughest behaviors at work – everything from gossip to bullying, harassment, and hostile work environments.
Name Your Anger
Disagreements often start when someone doesn’t want to discuss something or take a necessary action, and someone else accuses that person of avoiding.
Will More Harassment Training Ever Work?
A new study has claimed 44% of UK business directors haven’t had any training on workplace harassment.
Green Book’s Insights Into a Deeper Diversity
Abraham Lincoln had a simple approach to achieving diversity: “I don’t like that man. I must get to know him better.”
The Hypothetical or Trial Balloon Tactic
When on a recent cruise, I had a real lesson in negotiating!
Control Emotions Better by Labeling Them
When we want to control emotions better in the midst of a difficult conversation, we may try to ignore the unwelcome emotion or try the opposite, indulge it.
Pew Charitable Trusts Calls for Standardization of US Court ODR Programs
The Pew Charitable Trusts (“Pew”) has reportedly issued a call for the establishment of a national body to standardize online dispute resolution (“ODR”) procedures in civil courts across the United States.
Community Mediation Funding
NAFCM announces new funding agreement with JAMS.
Conflict in the Mediator’s Backyard
The article is drawn from my experience as a mediator living in a community with other residents.
Lost in a Conflict Story
You can’t heal a conflict if you get lost in your own story.
What's Aspiration and What's Bullying?
There’s a thin line between a high-performance workplace with high expectations and an organisation poisoned by bullying.
Maybe, It’s Not As Bad As You Think
There are times when I’ve found myself reacting poorly to something another person says or does and then, discover I misinterpreted their intent.
Federal Court Sends Data Privacy Dispute to Arbitration
This article when the court stated an unconscionability claim failed because the arbitration requirement was made clear to readers of the subscriber agreement.
Mediation vs. Litigation for High-Conflict Divorce
A practicing mediator and retired judge explains why mediation may be a better option than litigation for high-conflict cases.
Confused Conversations
Sometimes when we’re faced with a difficult conversation we over-think it and try to anticipate every single objection that can be raised, or every difficult response we have to make, or every completely unanticipated tangent that “complexifies” the whole conversation.
Two Shrewd Legislative Negotiators / Mediators
This is a little-known story of how Barbara Jordan mediated a comprehensive agreement on immigration policy.
How Can We Sell The Mediation Product If We Haven’t Worked Out What It Is?
I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up.
An Exploratory Study Based on USA Marriage Mediators’ Views
This is a study on models of helping couples stay married. Please find enclosed a letter of invitation to the study.
One Size Does Not Fit All - And the War Within
In the mediation world we get trained and know that “neutral“ is the role for the mediator.
How Three Geniuses Solved Workplace Conflicts
It is fascinating to trace how management has been resolving conflicts arising in production over the past 100 years, how production management developed.
Strategy v Policy
For quite a while a staff member had requested more work on “policy,” anticipating that working on policy would provide greater qualifications for a promotion.
Why Investigations Always Need to Look Twice
A lorry driver who’d just arrived at an depot was spotted weeing over pallets used for the delivery of food.
How SINS ful Are You?
In a recent blog, I mentioned that I attended a seminar presented by Professor Blondell discussing ethical fading in mediation. At one point, she mentioned the SINS scale which I had not heard about.
Stepping Up To Conflict
To become conflict masterful, it requires us to step up. In case you are wondering, this is different from facing conflict, i.e. accepting that it exists.
A Lawyer Who Likes to Coach: What’s Up with That?
In many ways, what coaches and lawyers do in the work place is very similar, just from a different point of view.
The NFL’s Moral Disengagement
There are approximately eight different ways to morally disengage, and I examine how this related to the NFL.
Why Investigations Always Need to Look Twice
We like things simple, and often that means not making the effort to understand the full picture and specific legal context.
Being Kind in Conflict
In the midst of interpersonal conflict, it’s difficult to be kind to the other person – no matter how kind a person we may usually be.
Flip the Problem to Illuminate Hidden Solutions
The way we approach problem solving influences the solutions we can see — and are willing to see.
Canadian Ombudsman Impartiality Is a Delicate Balance
The recent announcement that another major Canadian bank is withdrawing from the national banking ombudsman service in favour of a private dispute resolution service for customer banking complaints raises interesting questions about independence and impartiality.
A Glimpse into the Future of Alternative Dispute Resolution in China
ADR is growing, with more than 300 providers doing business in China and arbitration being regularly used.
New Mediator Self-Reflection Tool
Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective.