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Collaborative Practice Articles


FEATURED MEDIATORS
M E D I A T O R S
"I am a law student at the University of Texas and am currently taking a mediation course. This website has helped so much in my basic understanding of mediation. The articles are such a wonderful source of opinion and commentary on the field of mediation."

More Testimonials

Sean Garrity
Mediate.com Helps Divorcing Couples Resolve and Learn From Conflicts (8/14/17)
Sean Garrity

Founded more than 20 years ago as a vehicle to connect professional mediators with individuals who need dispute resolution services, Mediate.com today presents more than 15,000 articles and top-tier resources for its 5 million annual visitors.



Joy Rosenthal
Prenup? That’s Good News! (8/08/17)
Joy Rosenthal

Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.



Sarah Cole
Model Standards of Mediator Conduct: Time for Revision? (6/09/17)
Sarah Cole

Is it time to revise the Model Standards for Mediators?



Hadassah Fidler
Nesting a New Co-Parenting Arrangement (5/22/17)
Hadassah Fidler

Divorce is a hard process and perhaps nobody knows this better than the children of divorced parents, who can find themselves caught up in a situation over which they have little control facing an uncertain future.



Dr. Lynne C. Halem
Collaborative Parenting Can Mend the Divide (3/06/17)
Dr. Lynne C. Halem

Professionals writing about divorce too often reinforce parental fears by recounting, even exacerbating the negative consequences of divorce



Camaron Thomas
What I Learned from Studying Neuroscience about the Future of Mediation (1/20/17)
Camaron Thomas

Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.



Stuart Watson
A Tale of Two Boxes: Re-Visioning the Nature of Conflict (1/20/17)
Stuart Watson

The nature of conflict has shifted from building understanding, connection and resolution between people to being in service, and pledging commitment to the grander evolutionary process, as nature “has its way” with humans experiencing conflict.



Chris McHallam
4 Things You Should Know About Civil Mediation (1/06/17)
Chris McHallam

While you may already be familiar with the process and its benefits there are a few important facts those considering mediation for a legal issue their business is facing should know.



John Lande
How Can We Build Common Ground Between Bubbles? Part 1 of 4 (12/03/16)
John Lande

This article analyzes Republican and Democratic 'bubbles" and how we can build bridges between them.



David Weiss
A Collaborative Process to Resolve International Business Disputes: Mediation Policy as a Global Business Model (11/16/16)
David Weiss

This is an editorial on real time updates on where we stand on significant policy initiatives affecting the cross border mediation process and what both the ADR and business community should be briefed on.



Sabine Walsh
Making Mediation Sexy?! (10/07/16)
Sabine Walsh

It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.



Constantin-Adi Gavrila
What’s In It For Us? (8/19/16)
Constantin-Adi Gavrila

The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.



Vicki Shemin
4 Benefits Of Being A Child Of Divorce (4/15/16)
Vicki Shemin

As a child of divorce, a divorced mother of two, and a long-practicing divorce lawyer/therapist, divorce is not exactly something I would advocate for improving a child’s mental health.



Martin Rosenfeld
Eight Benefits of Collaborative Practice Training (2/26/16)
Martin Rosenfeld

This article describes the benefits I see from taking Collaborative training.



Laurie Israel
10 Things I Hate About Prenuptial Agreements (2/21/16)
Laurie Israel

Don’t get me wrong – I’m all for prenuptial agreements in second marriages, especially where there are children of the first marriage. But many of the prenuptial agreements I see are for first marriages and are unfair, badly conceived, and very destructive.



Richard Birke
How Likely Am I to Win? Risk, Uncertainty & the Turkey Illusion (9/18/15)
Richard Birke

When parties are faced with an attractive settlement offer, they frequently wish to compare the offer to what they might get at trial, which is the product of the odds of winning times the value of the verdict or award. Naturally, they ask their lawyer “how likely am I to win?”



Michael A. Zeytoonian
Transforming Disputes into Transactions via Collaborative Law (8/28/15)
Michael A. Zeytoonian

When I work with people to help them resolve their disputes, I often find that they are very preoccupied with finding fault and placing blame for what has happened to trigger the dispute. We spend a lot of our energies, time and emotion – clients and lawyers alike – looking backward at what happened and seeing who we can hold liable.



Larry Susskind
The Effects of Climate Change Are All Local: Here's What You Can Do to Help Manage the Risks (8/14/15)
Larry Susskind

We've spent far too much time thinking about the global causes of climate change, and not nearly enough worrying about the local impacts that climate change is already having on coastal communities. This article discusses how we involved communities in a collaborative discussion about climate change.



Richard Barbieri
The Future of Mediation: Changing the Default of Fault (7/21/15)
Richard Barbieri

Will the future of mediation be, as Woody Allen remarked, “much like the present, only longer”? Given what we know about human nature, systems, and the resistance of each to change, that’s perhaps the safest prediction. But it’s also a less than hopeful prognosis, because mediation has much to offer the future, far more than it has achieved at present.



J. Kim Wright
What is Integrative Law? The Emergence of a New Legal System (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.



Laura Athens
Overcoming Reluctance to Engage in Mediation (6/11/15)
Laura Athens

Many attorneys know and appreciate the benefits of mediation.  Those who are familiar with the benefits of mediation readily propose and eagerly participate in it.  However, should you encounter any resistance, how can it be addressed?



Dick Price
Considering Reconciling? (4/10/15)
Dick Price

This is kind of a chicken and egg situation. Which came first, the possibility of reconciliation or choosing to use the Collaborative process?



Donal O’Reardon
The Transpersonal is the Future of Mediation (2/04/15)
Donal O’Reardon

The future of mediation and conflict resolution is the transpersonal. “Transpersonal” means a view of the person as more than their conscious mind.



Joe Markowitz
Selma (1/09/15)
Joe Markowitz

Was there ever an opportunity for peaceful resolution of this civil rights conflict? We see President Johnson acting at times a little bit like a mediator between King and Governor Wallace, but no real attempt was made at creating a dialogue that could resolve the dispute.



Brad Heckman
Police Academy IX: This Time It’s Interpersonal (12/19/14)
Brad Heckman

The New York Peace Institute recently conducted a mediation training for the NYPD. They have kindly shared how the training went, tips and tricks for training, and some insights into the cross-over between police and mediation.



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