Featured Blog Posts
“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
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?
(7/31/20)Joyce Odidison, Michael Lang
This article shares a video of Michael Lang interviewing Joyce Oddison about how to stay resilient through difficult times.
Whenever I make a presentation or moderate a session, I call the convenor or speaker afterwards and simply ask: How was it?
This article critically analyses the various flaws in the 6-day negotiation that took place between the Indian and Pakistani Government with respect to the Liaquat-Nehru Pact. It throws light on the fact that though this negotiation wasn't principally ethical or viable but was very much required to save the world from becoming a spectator to yet another war.
This article discusses the practical considerations or the do’s and don’ts of conducting a mediation online.
Being open to difficult feedback, even about racism, can help you grow.
The metaphor of an iceberg has commonly been used as a metaphor about conflict.
This is a haiku that discusses the art of dispute resolution.
Where medicine may have been conventional, the most conservative profession is often thought to be law.
If you have problems with BATNA theory, you aren’t the only one.
(7/17/20)Charlie Young, Bob Wright
Aspects of ODR have been with us in one form another for decades.
Since the untimely and senseless killing of George Floyd in Minneapolis on May 25, 2020, the response from many organizations, places of work, and corporations have been to hold listening sessions specifically for African Americans to “share their story” with their peers.
(7/16/20)Forrest (Woody) Mosten
In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.
I am calling upon all Professional Mediators to deploy as a powerful peacemaking force in our current national crisis.
Empathy within a mediation session can prove a catalyst for success as long the mediator helps parties not miss the opportunity. Recognizing this skill and the courage of parties to move from entrenched positions will not be missed by an experienced mediator.
University teachers faced with marking hundreds of papers have been known to find some crumbs of comfort in students’ more eccentric answers.
(7/03/20)NAFCM, D.G. Mawn
: Op-EdScores of cellphone videos, capturing police violence around the country, have revealed to millions the depth and breadth of systemic racial bias in the United States. Understandably, many are calling for a new way.
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.
In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.
This article is arranged as an open letter to my clients, who are divorcing during the pandemic.
After writing the obituary, many comments came forward saying mediation was not dead. It was different. This is a response to those comments.
COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others.
The purpose of this brief article is to respond to the article titled “George Floyd: What Leaders Need To Do Now,”published in Mediate.com and to offer some comments by a living black man whose paternal grandfather and grandmother were slaves.
Being in business with family members involves some unique dynamics that are not present with other types of business arrangements.
This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question relating to the effectiveness of arbitration in comparison to litigation.
Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues.
Conflict arises in most workplaces at one point or another, but companies who take time to address the unmet needs of their employees may find that they have an easier time preventing or managing conflict overall.
My experience suggests that the mediator's toolbox contains techniques that can help financially shaky defendants settle.
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Apologies are an important part of conflict resolution--and they are not always easy!