Why is mediation not already transforming the world? Why is a set of tools, ideas, attitudes and aptitudes which nearly always help people resolve difficult situations quickly, cost effectively, creatively, humanely and legally, and is practical-, business-, family- and community-centered, not the primary method of dealing with conflict of all sorts?
(1/19/16)Gregg Relyea, Roy Cheng
This article examines the challenges experienced by lawyers who are training to become mediators. Many of these challenges stem from deeply ingrained perspectives associated with legal training and experience.
The nudge approach encourages focused practical consideration of small steps which have a rapid and observable impact. Nudge gets the mind out of neutral so that the journey forward has momentum.
Has a young aspiring mediator ever approached you—as someone they look up to as an experienced professional—and asked, "I want to become a mediator. Can you give me some advice? Do you think I can ‘make it’ as a mediator?"
Rather remarkably, Mediation.com, a company with numerous complaints against it, has been systematically displaying confidential mediation communications, seemingly as part of its misguided effort to convince other mediators to join.
Marshall Peter is soon retiring as Director of Direction Service in Eugene, Oregon. Marshall is perhaps best known to the mediation field as the founding Director of CADRE, the National Center on Dispute Resolution in Special Education, established in 1998. Here is a video tribute to Marshall well worth your watch. Marshall has shown us just how much positive change a person can bring to both our local and national communities.
With over 40% of Mediate.com website traffic now on phones, we are proud to announce our new mobile friendly website. Our new site brings each and every Mediate feature to your phone and tablet (as well as your computer). Critically, Mediate's new site also brings our geographically sensitive marketing features to all devices.
The following is the account of my experience with Mediation.com. Writing this is a bit cathartic and I apologize in advance for the length. It is my sincere hope that these efforts in exposing this sham of a company will be successful, saving others from Mediation.com's fraudulent practices and gross misrepresentations.
Gerald F. Phillips, attorney, ethicist and philanthropist, passed away on October 19, 2015 in Los Angeles, CA surrounded by his devoted family. He was 90 years of age. Funeral services will be held on Thursday, October 22, 2015 at 1:00pm at Hillside Memorial Park in Los Angeles, CA
I am certain that I have learned more about the law and human beings in my 18 years of mediation experience than I ever believed possible. I am constantly amazed, and I mean that term sincerely, with the things I have witnessed my lawyer colleagues do in mediation.
Caseload Manager is the world's leading online case management system for mediation programs and practitioners. Here is a quick article and slide show explaining why.
Mediate.com offers our Mediator Certification Program for trained and experienced mediators. Our program is based upon full disclosure of mediator qualifications. Please consider becoming a Mediate.com Certified Mediator at www.mediate.com/Certification.
"Money can’t buy me love." – Paul McCartney. As a corollary to psychologist McCartney’s insight, money can’t buy lawyers (much) happiness.
Recently, I was asked to write an article with advice for law students and lawyers, My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. Here are some highlights from that article.
(7/23/15)Bennett G. Picker
The theme of today’s conference is “Succeeding in Mediation.” The simplest definition of mediation is “facilitated negotiations by a trusted individual.” If I had to define mediation in only one word, my word would be “opportunity.” The process offers the parties an opportunity to telescope issues in hours that might take years in litigation, to forge solutions based upon underlying interests, to preserve relationships and, quite obviously, to avoid the time, expenses and distractions of litigation.
This book introduces us and gives the reader a taste of a unique form of supervision, based on positive psychology and solution-focused brief therapy, which have their philosophical roots in social constructivist tradition.
(7/02/15)J. Kim Wright
The author describes the pillars that have developed and appear to be the foundation of the Integrative Law movement and the emergence of a new legal system.
Musings of a Long Time Arbitrator reflects on the positive and challenging aspects of serving as a neutral, in a manner both realistic and humorous. Similar practitioners will be able to immediately relate, and those that seek or utilize the services of ADR providers will get a direct look at the implications of a neutral’s daily reality.
How will the future of mediation matter if a new generation of young mediators is not encouraged and carefully shepherded into our profession? Here’s to a future where we all may learn from one another, unite to overcome our profession’s greatest obstacles, and create the future that we imagine.
To reflect on the future, it is helpful to understand where we are and how we got here. This article gives an overview of mediation and suggests some directions for the future. Social media will help increase interest in the field and teaching conflict resolution at an early age may help reduce conflict at school, home and work.
Had I written about the future of family dispute resolution in the late 1980s, when I was a young and enthusiastic child custody mediator working for a Wisconsin family court agency, I would probably have focused exclusively on mediation rather than considering the current broad spectrum of family dispute resolution (FDR) processes that I did not anticipate at the time.
There is a significant problem with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only doesn’t convey things clearly, but it actually can be misleading.
We were all trained to be aware of “what's in our bags” or to phrase it differently, what each person brings to the table. Then we’re told you must not bring anything to the table but the ability to listen and ask open-ended questions.
Part 1 discusses a typical mediator's morning, where all of the details of the case and the arguments are revealed. This section, Part 2, discusses a mediator's afternoon, where he uses all of his tools to help the parties understand each other.
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ACR's original intention was for Conflict Resolution Day to be promoted by community centers around the country. The belief is that if the public has a better understanding and awareness of mediation, they will be more likely to hire a mediator. And the more mediators that are hired, the better for all of us!