Community Mediation Section
Community Mediation Articles
The Question That Brings Hamster Wheel Debates to a Standstill
Some debates, arguments, and bickering go on and on, without leading anywhere (except to more frustration).
Go Back to the Future to Discover How Your Agreement Could Fail
When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.
Singapore: The Hub of International Commercial Dispute Resolution
In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.
Sunk Costs and the California Law Revision Commission
On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402).
Joint Session: A Tale of Two Mediations
I share a tale of two wrongful dismissal mediations conducted weeks’ apart.
ADR and Religion
What is the relevance of religion to ADR? This question is very different to considering the relevance of ADR to religion.
Why Case Consultation/Reflective Practice Groups Matter for Mediators
While mention of reflective practice in the field of mediation has grown in recent years, its use is still not standardized in the work of most mediators.
Negotiation - Part 6
Exploders make up the second category of difficult people; but they are totally opposite from the Snipers we looked at before.
Elementary, My Dear Watson!
Nowadays, there are two recurring questions regarding Artificial Intelligence that are very difficult to be answered: How far will humans interact with machines? And until what point humans can be replaced?
How to Talk About Mental Health Without Offending Everyone - TEDx
Mediator Dan Berstein shares his journey to being open with his bipolar disorder, and how conflict resolution skills can help us overcome barriers to having conversations about mental health. In this profound story, learn how to get past the assumptions, paternalism, and stigma to make room for the other person's story and connect.
Knowing our Neighbours – a Mediator’s Reflection
I am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals.
WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation
Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.
Improving Professionalism by Improving Judgment: Keys to Advising about Settlement and Mediation
When a client is involved in a dispute, we must also develop the ability to evaluate the best next step, including whether settlement negotiation or mediation would best serve the client and how to advise the client on an appropriate value at which settlement would be better than ongoing dispute.
Nursing Homes May Continue to Use Arbitration Agreements
In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration.
What's Happening in the Field of Urban Planning?
Today’s planners are committed to taking action – helping to implement improvements in the quality of life, particularly for the most vulnerable segments of society, often through public-private partnerships of various kinds. They are attempting to establish peaceful societies and minimize community conflicts.
Conflict: The Unexpected Gift - Video
This is an interview of my business partner, Jack Hamilton and me, about mediation, conflict resolution and our book, Conflict - The Unexpected Gift.
Achieving a Balanced Relationship between Mediation and Judicial Proceedings in the European Union
This article identifies four distinct mediation models that EU Member States have used in implementing the Directive: Full Voluntary Mediation; Voluntary Mediation with Incentives and Sanctions; Required Initial Mediation Session; and Full Mandatory Mediation.
Disputing at a Panchayat Meeting
When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.
Peace is a Tough Sell
Peace is, and will continue to be, a pain in the butt.
Socially Responsible Real Estate Development
Direct engagement with a wide range of stakeholders, using the tools of Environmental and Social Impact Assessment, is required.
Two Smart Principles for Resolving Everyday Disagreements
Not all disagreements require long talks to resolve them sufficiently.
Are You Trying to Defy the Laws of Gravity in Your Conflict?
In their book, "Designing Your Life," authors Burnett and Evans talk about "gravity problems," things like gravity that you cannot change no matter how hard you try.
Building Common Ground Between Bubbles - Part 5
President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries.
Why Civility Matters in Mediation
We are living in interesting times here in America. It is the first time in my lifetime that I can recall a conscious effort to keep my politics and views on issues of ethics and morality to myself–rather than risk making enemies of those whom I trusted to be friends.
The Role of Ombudsmen and The Recurring Ethical Crisis in the American Financial Services Industry
When recurring ethical crisis in the financial services industry arise, it’s essential to give voice to employees on the lower end of hierarchies in organizational institutions.