Featured Blogs Section
Featured Blog Posts
One Shovel at a Time
This article discusses "Raising Traditional Mediation - Becoming an Invisible Mediator."
The Aim of Argument
It seems that sometimes when we begin to have an argument with someone the focus isn’t on moving things forward.
A Transformative Mediator Intervening in a Commercial Would-Be Dispute
On September 15th, 2020 IDI, the International Distribution Institute organized a webinar focused on possible solutions for re-starting distribution and retail/franchising relationships which have suffered difficulties during lock- down, and which are still suffering difficulties in order to adapt to the restrictive measures imposed by the COVID pandemic.
The Singapore Convention and the JAMS/SCMC Joint Mediation Panel
This article discusses new opportunities for cross-border mediation, collaboration and dialogue.
Evaluating Mediation’s Future
In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.
Asynchronous Instruction in this Year of Living Dangerously
Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic.
The Dissonance Within Us
Some of us are in a conflict; we “…are motivated more by a desire to appear moral than to actually be moral.”
October Month of Conflict Resolution Week 2: Featuring 4 Peacebuilding Think-Tanks Across the World
As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.
The Lawyerization of the Mediation Process
Imagine my surprise years ago when I went through North Carolina family financial mediation training and I learned that the norm for mediating a couple going through divorce was shuttle mediation.
Responding to Conflict
When we become embroiled in an interpersonal conflict it’s common that we easily lose track of what’s important to us.
Fault Lines/Property Lines in Conflict
Understanding fault lines and property lines can help us resolve conflicts.
The Impermanence of Life
Online Yom Kippur discussed was the impermanence of life.
Use Silence in Facilitating
What can a facilitator do with an extremely persistent person, who refuses to stop interrupting others in mediating or facilitating?
Mediate.com Data Indicates Shift in Focus
Mediate.com recently completed a survey of 300 dispute resolution professionals.
When People Interrupt
The problem we saw in the recent residential debate is familiar to any mediator: How do you keep angry people from interrupting each other?
Impact of Couple Conflict and Mediation on How Romantic Partners are Seen: An fMRI study
This article illustrates that mediation improves conflict resolution and is associated with increased activity in the nucleus accumbens, a key region in the brain's reward circuitry.
Do You Have to be a Lawyer to Draft a Separation Agreement?
Do you have to be an attorney to be a divorce mediator? The short answer is no. The long answer is important to unpack though.
Talking It Out- The Problem With, And In Rural Areas
It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.
Fragility, Policing, and the Neurophysiology of Fear and Escalation
I invite those of us who are doing work in Black Lives Matter to consider the neuroscience effect of these conversations.
View from the mediator’s chair – what to do (and not do) in mediation
How to maximize your opportunity to "Win" at mediation.
Three Questions to Resolve Conflict
Continually asking questions, rather than making declarations, is a core creed in my resolution work.
Taking Control of Mediation
We like to feel in control. To lose this sense of control is to be open to doubt, anxiety, and fear.
Therapeutic Alliances in Organizations
This article discusses fostering collaboration, mitigating conflict, and improving performance.
Mandatory Course on Mediation for Law Students in India
Is mandatory mediation training in India too late?
Max Schrems strikes again! Where next for Mediation Service Providers and their mediators?
Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.
What Brad Pitt and Angelina Jolie Can Teach Us About the Neutrality of the Mediator
Pitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing.
In the Time of Covid-19: The Rush to Modification
Today as the coronavirus keeps us isolated, huddled in our homes, fearful of venturing too far or thinking too deeply, we cannot long ignore the pandemic’s impact on contractual deals that we made when we thought we understood the present and even banked on a better tomorrow.
When Three Becomes a Crowd
An example of how dispute resolution can help when the courts can’t.
The Importance of Accurately Attributing Gains on Separate Property in Divorce
Let’s take a simple example to show why a back of the envelope calculation could provide a completely inaccurate picture of the value of the marital vs separate portions of a joint account.
Breaking Up Doesn’t Have to Mean Going Broke
Why an uncontested divorce makes sense for high net worth couples.
Employee Contracts Are Becoming Complicated Amid COVID-19
Employee contracts, which were rarely straightforward before the pandemic, are particularly complicated now.