Facilitation Section


Facilitation Articles


Marian Grande

Domestic Violence and Family Mediation

(10/14/21)Marian Grande

Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.

Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland

(10/11/21)Charlie Irvine, Jonathan Rodrigues

The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.

Phyllis Pollack

Difficult People

(10/11/21)Phyllis Pollack

One of the first questions a mediator must ask herself is whether she should take a specific case?

Michael Moffitt

What Would *You* Have Done?

(10/11/21)Michael Moffitt

What would you have done, if you were a violence prevention specialists?

Kenneth Cloke

Mediation and the Evolution of Democracy: Inventing Interest-Based Responses to Lying, Demagoguery, and Fascism

(10/08/21)Kenneth Cloke

Nearly 2500 years ago, Plato warned that “Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty.” Why should this be the case?

Charlie Young

Transcendent

(10/08/21)Charlie Young

I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?

Sharon Kendrick-Johnson

ERRR On the Human Side of Mediation Encompassing Empowerment, Recognition, Reflection and Respect

(10/06/21)Sharon Kendrick-Johnson

This article is an open invitation to the Opposing Party.

John Lande

What I'm Reading

(10/02/21)John Lande

Being retired from teaching and faculty meetings leaves time to do other things. Here are the books I've been enjoying.

The New Plan for the Academy of Court-Appointed Masters

(10/01/21)Merrill Hirsh

Helping People Become Special Masters and Special Masters Assist the Administration of Justice: The New Plan for the Academy of Court-Appointed Masters.

Giovanni Matteucci

Mediation and Business Crisis in Italy, 2021. Where's the training?

(10/01/21)Giovanni Matteucci

On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.

Bellwether Mediations As An Alternative To Bellwether Trials

(10/01/21)Diane Welsh

Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement.

“My Story” Featuring Cristina Pereyra-Alvarez, Retired Judge, 11th Judicial Circuit, Florida

(10/01/21)Cristina Pereyra-Alvarez

When asked what advice she has for the next generation of ADR professionals, Mrs. Pereyra-Alvarez says, "Always go in with an open mind. Always believe that you are going to resolve the case, no matter what." This is a biography of her career path.

Lorraine Segal

Bring Five Percent more Compassion to Conflicts

(9/27/21)Lorraine Segal

Bringing five percent more compassion can really make a difference in conflicts.

Christopher Nolland

Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics

(9/27/21)Christopher Nolland

"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."

Veera Mahajan

Your Student is Headed Back to In-person Learning – and There May be Things to Fear that Have Nothing to do with COVID-19

(9/24/21)Veera Mahajan

A leading mediation expert and international best-selling author cautions that a year of pent-up frustrations; could cause students to blow.

Paul Rajkowski

SHOVEL 5 - Whose Fear is it Anyway

(9/22/21)Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Daniel Rainey

Why Have a Disclosure Protocol for Mediation?

(9/21/21)Daniel Rainey

I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?

Ron Supancic

Ronald Melin Supancic - A Memorial

(9/21/21)Ron Supancic

Each breath we breathe is an invitation to live more fully, more consciously, more attentive, and more aware.

Patricia Thompson

Eight Tips for Mediating High-Profile Construction Disputes

(9/20/21)Patricia Thompson

Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues.

Irma Gonzalez

Q&A with Hon. Irma E. Gonzalez (Ret.)

(9/20/21)Irma Gonzalez

Judge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator, special master/referee and neutral evaluator. In honor of Hispanic Heritage Month, we spoke with Judge Gonzalez about how she started in ADR, her accomplishments, the challenges that she’s faced and her advice to younger generations.

Mary Salisbury

Preparing and Paying for QDROs in Divorce

(9/17/21)Mary Salisbury

The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.

Naveed Khan

Conflict in the Workplace – Mediation Can Make Your Team More Efficient

(9/17/21)Naveed Khan

Conflict in the workplace is inevitable when people with different values and opinions come together.

Kenneth Cloke

The Limits of Mediation

(9/13/21)Kenneth Cloke

It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.

Phyllis Pollack

Don’t Chalk My Tires, Or Why Mediation is Not Appropriate

(9/13/21)Phyllis Pollack

This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.

Beth Graham

High-Tech Dispute Resolution

(9/13/21)Beth Graham

In this scholarly work, the authors examine the intersection of online dispute resolution and psychology.

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