Featured Blog Posts
Recent years have seen a strong tide towards protection of employee rights in employment tribunals, a heightened awareness of any form of discrimination, the damaging effects of throwaway remarks.
Earlier this month, Gary Friedman, co-founder of the Center for Understanding in Conflict, of Santa Rosa, Calif., conducted a video breakfast roundtable titled “Inside Out: Confessions of a Mediator in Politics.”
People often say that dispute resolution processes aren’t “one size fits all.”
A podcast from JAMS featuring David Brandon of The JAMS Foundation and Gretchen Grad and Scott Rasmussen of Hands of Peace, discussing Hands of Peace’s work empowering American, Israeli and Palestinian youth to be agents of change in their communities.
Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases.
Nonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.
Most disputes in litigation involve a procedural phase for the preparation and exchange of expert reports and the interrogation of the experts’ opinions.
“Advocacy is a conscious act of support, expressed by speaking or writing on behalf of another person, an idea, a cause or a policy.”
As parents, we try to protect our kids from undue stress. But the reality is that life is inherently stressful. While we may not be able to protect our kids from all stress we can help them learn to cope and adjust.
. . . An agreement seems to be emerging, to the relief of the plaintiff whose human rights complaint against the defendant employer has been dragging on for months. . .
Lonnie and Chris got married right out of college.¹ They had a lot of ups and downs, and over time, they grew apart. After 20 years, they decided to divorce.
(8/09/21)Joan Feeney, Phillip Shefferly
A podcast from JAMS featuring Hon. Joan N. Feeney (Ret.) and Hon Phillip J. Shefferly (Ret.) discussing the intersection of ADR and bankruptcy disputes, drawing on their experience as retired bankruptcy judges and mediators
When President Trump was in office, I wrote a series of posts about his negotiation habits based on contemporary news accounts.
Harvard’s PONS defined vividness bias as “…the tendency to overweight the vivid and prestigious attributes of a decision, such as a salary or an employer’s status, and underweight less impressive issues, such as location or rapport with colleagues.”
This is an extremely important topic to consider when thinking about how to effectively engage in conflict resolution, especially when dealing with escalated situations. When considering how to engage in emotional self-regulation, it is crucial to first recognize our triggers. Asking ourselves, “What kinds of situations tend to trigger me?” is one way of doing this.
Earlier this month, the United Nations Commission on International Trade Law adopted the UNCITRAL Mediation Rules, the UNCITRAL Notes on Mediation, and the Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation.
(7/30/21)Ronald S. Kraybill
With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.
How do you respond to conflict? It is very personal, and is based on millions of experiences that have shaped each person.
This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public.
Recently, I discussed an empirical study conducted by University of Hawaii Professor Justin D. Levinson and Mark Bennett, U. S. District Judge (ret.) on 239 sitting federal and state judges regarding their implicit bias towards “largely favored minority groups”.
Recently, I attended a Zoom presentation sponsored by the American Jewish Committee San Francisco entitled, “Judging Implicit Bias: The Role of Implicit Bias in Judicial Decision-making.”
The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances.
(7/23/21)Dusty and Vicky Rhoades, Dan Simon
Constructive dialogue is essential in our world today, and indeed, transformative. It has the ability to open our eyes to the pain of others as well as our own.
One of the big issues that creates conflict at work and interferes with harmonious relationships, is many people’s inability to acknowledge their own mistakes.
The United Nations Commission on International Trade Law adopted a simplified insolvency regime that recommends mediation to resolve disputes between financial sector creditors and small debtors during its 54th Session.
We live in an uncertain world where things can change radically at the drop of a hat. We experienced this last year in a huge way with the Covid-19 outbreak.
This article examines this author's perspective on immigration from a conflict resolution perspective.
In the middle of the desert and savannahs, and in big and small cities – far from home – it feels we are defined only by our presence in the moment.
A light-hearted comparison of mediators and cats.
There are multiple instances where there is conflict without resolution. However, we can see examples in the gang truce where resolution has been possible.
Above all, remember that co-parenting is about your kids.
Let’s reflect on our experiences, the mistakes we made, the lessons we learned and the conflicts we resolved.
BrewDog is the latest ‘name’ brand to hit national news headlines for the worst of reasons: former staff coming together to ‘expose’ what they claim is a toxic culture of fear, bullying, and lies.
One thing that all humans can agree upon is that we make assumptions. Whether we like it or not it is part of our nature.
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So here is a proposed Protocol for online mediation; the mediator should: