This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.
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.
Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.
Is it time to revise the Model Standards for Mediators?
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.
(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
Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.
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.
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.
This article analyzes Republican and Democratic 'bubbles" and how we can build bridges between them.
(11/16/16)David Weiss, Christiane Rosenbaum
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.
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.
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.
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.
This article describes the benefits I see from taking Collaborative training.
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.
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?”
(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.
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.
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.
(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.
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?
This is kind of a chicken and egg situation. Which came first, the possibility of reconciliation or choosing to use the Collaborative process?
The future of mediation and conflict resolution is the transpersonal. “Transpersonal” means a view of the person as more than their conscious mind.
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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.