Facilitation Section


Facilitation Articles


David Larson

ODR for All: Digital Accessibility and Disability Accommodations in Online Dispute Resolution

(5/22/18)David Larson, Lainey Feingold

The promise of online dispute resolution (ODR) depends on accessibility.

Rae Steinbach

How to Take a Scientific Approach to Improving Employee Productivity

(5/21/18)Rae Steinbach

Although our digital devices have certainly made life more convenient, they’ve also made it more fast-paced.

Tim Hicks

Embodied Conflict - Chapter II. The Neural Encoding Function

(5/14/18)Tim Hicks

Embodied Conflict presents the neural encoding function in layman’s terms, outlining seven key characteristics and exploring their implications for communication, relationship, and conflict resolution.

Peter Adler

The Mann Gulch Fire

(5/14/18)Peter Adler

I follow the choroeographies and patterns of the craft we call conflict management, but every once in a while I help people really step out of the proverbial box they are in and discover (or stumble on) a peculiar new solution that seems to fit perfectly. Those are the golden moments I live for.

Phyllis Pollack

The Need For Preparation!

(5/11/18)Phyllis Pollack

Several times in the past, I have discussed the need for each party to prepare for mediation for it to be successful.

Tim Hicks

Introduction to Embodied Conflict: the neural roots of conflict and communication

(5/07/18)Tim Hicks

Embodied Conflict presents the neural encoding function in layman’s terms, outlining seven key characteristics and exploring their implications for communication, relationship, and conflict resolution.

Tammy Lenski

This Common (but faulty) Reasoning Leads to Bad Decisions

(5/04/18)Tammy Lenski

We like to think of ourselves as rational beings, and yet we act irrationally in all sorts of ways.

Laurie Israel

Why I wrote “The Generous Prenup: How to Support Your Marriage and Avoid the Pitfalls”

(5/03/18)Laurie Israel

Why I wrote “The Generous Prenup: How to Support Your Marriage and Avoid the Pitfalls”

Erin McCoy Alarcon

Two Simple Steps For A More Successful Mediation

(5/03/18)Erin McCoy Alarcon

This article discusses how active listening and creative problem solving help move discussions forward toward resolution.

Desislavia Kamenova

Meaning of Space and its Use in the Mediation Procedure

(5/03/18)Desislavia Kamenova

The main purpose of this article is to outline the importance of proxemics at the various stages of the mediation protocol without claiming comprehensiveness.

Phyllis Pollack

An Update on Prior Disclosure

(4/27/18)Phyllis Pollack

As some of you may recall, the California Law Revision Commission issued its Tentative Recommendation late last year to create an exception to mediation confidentiality.

Jeff Thompson

People with Depression Use Language Differently – Here’s How to Spot it

(4/27/18)Jeff Thompson

Empathy, clearly an important part of crisis negotiation and intervention begins with understanding a person's perspective.

Geoffrey Corry

Figuring Out George Mitchell’s Real Contribution to the Good Friday Agreement

(4/24/18)Geoffrey Corry

On Tuesday 10th April 2018, I was in Belfast to commemorate the 20th anniversary of the Good Friday Agreement (GFA) with all the great and the good who took part in those negotiations.

Recognizing The Signs Of A Conflict Storm

(4/20/18)

By paying attention to the early signs of conflict, you become more aware of a potentially slow-growing storm.

Laurie Israel

Does Your Practice Include Church and Synagogue Mediation?

(4/20/18)Laurie Israel

Within the church or synagogue setting, mediation can be very useful if individuals or groups are having disputes or differences of opinion.

Phyllis Pollack

Over Confidence Can Kill!

(4/20/18)Phyllis Pollack

While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.

Kevin Stapley

Want to Know the “Secret” to Managing Confrontational and Aggressive Behaviors?

(4/20/18)Kevin Stapley

In this article, you will learn two key methods that experienced de-escalators use to maintain control of these high risk, high emotion situations, and guide the agitated person back into a calmer state of mind.

Neutral Analysis: A Powerful and Effective Tool

(4/20/18)Clarence Pozza

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.

John Sturrock

Optimizing the Use of Joint Sessions in Mediation

(4/13/18)John Sturrock

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving.

Mark Baer

Start Protecting The Public Before Raising State Bar Fees

(4/13/18)Mark Baer

The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.

Claudia Winkler

If You Are Not Willing to Do the Unusual, You Will Have to Settle for the Ordinary

(4/13/18)Claudia Winkler

I combined a recent mediation training with the following schedule: Eat, sleep, snorkel, repeat.

Maria Paola Felibert

Restorative Practices in Juvenile Criminal Proceedings

(4/13/18)Maria Paola Felibert, Maria Eugenia Sole

This article moves from theory to practice by demonstrating an approach from a real case in Latin America.

Spaces for Peace

(4/13/18)Allegra Chen-Carrel

It is referred to as the Dead Zone, the Green Line or No-Man’s Land.

Cinnie Noble

What I Learned About Conflict From Cheetahs

(4/05/18)Cinnie Noble

The dwindling of the cheetah population is due to the conflict between them and men.

Gregg Relyea

Social Media-tion: A Bridge for Young Mediators to Enter--and Re-Define--The Profession?

(4/05/18)Gregg Relyea

For years, a gap has existed between mediation training of young students and entry into the field as professional mediators.

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