Public Policy Section
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. 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”. 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. FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?.” How do you respond to conflict? It is very personal, and is based on millions of experiences that have shaped each person. 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. Like it or not, there’s no going back to the old ways of leading and managing. We must expand the skill set of leaders at all levels. As the fence grows larger, traditional mediation is further diminished by all the versions in the current culture. After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce. Bystanders can stand up and stop workplace gossip. The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction. As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support. Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion. This article illustrates how a combination of common sense and good luck can produce a positive outcome in mediation. This is an interview with Dr. Lesley Cook discussing the importance of understanding your neurodiverse clients in the educational, family, and workplace fields. I recently came across a 2019 book about poker that has given me new insights into how I can help parties make good decisions in mediation This post provides an overview of some findings from an empirical study on online mediation. Nearly 500 mediators from around the world answered questions about advantages, obstacles, best practices, and settlement rates. The post provides an overview and analysis of English-language responses. An interview with Donna Silverberg and Charles Wiggins about mediation, being married to a mediator, and the future of mediation. Recorded and shared as part of the Mediation 20/20 Conference. It’s generally true in conflict that “it takes two to tango.” In the world of divorce, the fundamental problem with being labelled “high conflict” is how rarely both parties are dancing together. Loneliness is a state of being that has been highlighted over the past year because of COVID-19. What are the dimensions of loneliness and how does it affect the brain? This article will explore these questions and in doing so, provide conflict management specialists with an opportunity to reflect on their current practice and how they can best support a client who is both lonely and experiencing conflict. As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer. In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast. This article summarizes the Young Minds, Global Voices Conference. This conference was sponsored by Mediate.com in an effort to hear from newer mediators. These 6 sessions comprised up and coming thought leaders from around the globe, forming a brain trust for how to create peace in ourselves, our community and our world.
I’ve always thought of mediation as a process more akin to art than to science. The strategies and practices neutrals pursue to meet the psychological behaviors of people in conflict are central to an understanding of the effectiveness of mediation and various negotiation techniques utilized by mediators in helping parties resolve their dispute.
Public Policy & Environmental Articles
Use This Tool to Talk About COVID19
Implicit Bias is Everywhere!
ADR is Not a Household Term
A Conversation About Whiteness and Mediation
Fight, Flight, or Freeze....Conflict Responses are Very Personal
UNCITRAL Completes a New Mediation Framework, Based on the Singapore Convention
Things fall apart. How to respond?
Shovel 4 - Diminished - Tradition reduced
Retaining Your Assets in Divorce
How Bystanders Can Stop Gossip
Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce
Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice
Proposal for Standard Explanation in Mediation
A Lot of Common Sense and a Little Mazel Can Go a Long Way
Lesley Cook Interview - Neurodiversity in Mediation
A Mediator’s Take on: Thinking in Bets, by Annie Duke
Mediators Like Online Mediation And Other Verifiable Facts
Married Mediators: Donna Silverberg and Charles Wiggins
The Problem With the Label "High Conflict Divorce"
Looking Inside the Brain: Loneliness and Conflict
Virtual Hearings and Mediations Are Here to Stay
Reaching the Finish Line: Using a Neutral Facilitator Can Help Lead the Path to Resolution
New Mediators' Guidance from Youth Conference
The Choreography of Mediation
Are They Crazy? No, Just Human