Facilitation Section


Facilitation Articles


Cinnie Noble

Do You Always Like You?

(12/01/20)Cinnie Noble

There are times many of us interact in ways we're not very proud of. It may be because we are reacting to what someone is saying or doing.

Phyllis Pollack

Difficult Conversations

(12/01/20)Phyllis Pollack

Recently, a friend of mine challenged me to write a blog about how to survive Christmas/Hanukah/Holidays dinners considering our recent election. Some will be happy while others will be distraught at the results; yet we will all be sitting around the same table (virtually?) breaking bread together.

Sheldon Stark

Is There a Zoom Mediation in Your Future?

(12/01/20)Sheldon Stark

During the state of emergency, courts have been working at less than full capacity.

Jason Rosen

Let’s Settle This Online

(12/01/20)Jason Rosen

The benefits of online mediation for personal injury disputes. Much attention has been given to online mediation, in addition to other types of online dispute resolution (ODR), as it has seen widespread acceptance as of late due to restrictions on in-person gatherings. Is that acceptance forced in light of the need to keep claims moving forward with no viable alternative, or are parties finding that online mediation may, in fact, be preferable to face-to-face in some cases?

Roseann Vanella

Holiday Parenting/Custodial Time during COVID-19

(11/23/20)Roseann Vanella

When considering whether or not to bring a child to a holiday gathering (such as Thanksgiving dinner at Grandma’s house for example), these and other factors need to be taken into consideration.

Sean Gander

How Can American Democracy Survive its Latest Conflict?

(11/23/20)Sean Gander

The world is watching one of the most divisive periods in American history.

John Brand

A Process for the Formulation of a School's Change Strategy

(11/20/20)John Brand, Felicity Steadman

Many South African Schools are facing demands to change and even to radically transform themselves. Some of these demands relate to the ‘isms’ such as racism, and other identity related issues.

Natalie Davis

Research Shows How Changing the Narrative Can Open the Door to Conflict Resolution

(11/13/20)Natalie Davis

This article explores how the glorification of our ingroup (those whom we share identity with) contributes to conflict.

Kathleen Young

Virtual Mediation Can and Must Be Done Right

(11/12/20)Kathleen Young

Use these strategies to avoid pitfalls and make the most out of virtual mediation. Especially during Covid-19, virtual mediation can and must be facilitated with excellence.

Scott Levin

Can You Be a Litigator and a Mediator?

(11/12/20)Scott Levin

“You know what, Ken? A bad idea would be to let your client walk out of here today and drag this thing out for another year, wasting more time and more money," ~ The Wedding Crashers

Marian Grande

Good Faith in Mediation

(11/11/20)Marian Grande

Both parties must enter a mediation with good faith, meaning that the parties have the sincere intention of trying to find a resolution in the dispute.

Clare Fowler

Build the Toolbox

(11/10/20)Clare Fowler

Mediate.com is launching a project with mediator-designed resources called Build the Toolbox.

Cinnie Noble

Do You Always Like You?

(11/06/20)Cinnie Noble

There are times many of us interact in ways we’re not very proud of.

John Lande

Need for Clear Language Initiative to un-Babel Our Models

(11/06/20)John Lande

I’ve said it before, and I’ll say it again. We use rotten language to describe our ideas and theories.

Lesley Allport

Why People Skills have Become Essential to the NHS in its Second Wave Challenge

(11/06/20)Lesley Allport

Our new research with HPMA and Selenity explored the state of employee relations (ER) in the NHS and how HR dealt with the extremes of the first wave lockdown.

Jonathan Rodrigues

Should a Mediator Make a Political Perspective Public?

(11/06/20)Jonathan Rodrigues, A. J. Jawad

Globally, as waves of nationalism and existentialism begin to unsettle democratic institutions, as ideologies driven by hatred conspire to digitally divide millions, as 8 billion people are instigated to talk more and listen less – dialogue remains relevant and mediators are valued more than ever.

Leyla Balakhane

Life After Divorce: Coping with Loneliness

(11/06/20)Leyla Balakhane

Many couples regard their relationship as a source of comfort, reassurance and identity.

Roseann Vanella

Being Emotionally Ready for Divorce Mediation

(11/06/20)Roseann Vanella

A question I often ask clients when they come to me for a consultation for divorce mediation, “Are you each emotionally ready to mediate your divorce”?

Sharon Woodhouse

Top 10 Tips for Property Disputes

(11/06/20)Sharon Woodhouse

This article looks at how to resolve your property dispute as a commercial tenant, home renter, or landlord.

Linda Singer

Update on Remote Mediations and the Virtual Evolution of ADR

(10/30/20)Linda Singer

During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely.

Jan Frankel Schau

Should Lawyers and Mediators also Play the Role of Therapists?

(10/30/20)Jan Frankel Schau

Family therapists work to create a comfortable, safe space for their clients to express themselves.

Lorraine Segal

Conflict and Culture on a Voyage to Mars

(10/30/20)Lorraine Segal

Survival depends on understanding and working together.

Laila Ollapally

Building Leadership in Companies Through Transformational Mediation

(10/30/20)Laila Ollapally

A workplace that provides meaning and a sense of self-worth to its employees and equips them with skills to handle positively the challenges that exist when there are differences and disagreements, nurtures a leader fulfilling the mission and vision of the organization.

Jonah Orlofsky

What To Do When Parties Attribute Bad Faith Motives To Each Other

(10/30/20)Jonah Orlofsky

Nearly all mediations involve parties that view the same facts in a very different light. But in a great many mediations, the parties go further.

Suggestions for Virtual Jury Trials

(10/30/20)Renata Schaffer

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe.

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines.

The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent virtual mock trial that was held via Zoom and hosted by the Civil Jury Project. In the report titled “Suggestions for Remote “Zoom” Jury Selection,” the authors discuss panel size, jury selection questionnaires, technology issues, time limits, instructions for the jury, and more.  It’s an informative report describing specific issues for this new, online environment that need to be considered in order to improve virtual jury trials.

Parker and Weizenecker suggest the following areas for improvement:

Currently, there is not a remote platform designed for jury trials. It is our understanding that the Civil Jury Project at NYU Law School has contacted Zoom urging the design of an intuitive, user-friendly, litigation/trial specific platform resembling a real courtroom. Here are some additional suggestions related to the design of that platform:

  • As stated above, allow the locking in of juror position on the screen;
  • As stated above, put limitations on the chat function;
  • Ability of judge (host) to control what participants see on their screen instead of participants using individual settings, so that everyone sees the same thing on their screens;
  • Objection button for counsel to object, which would eliminate the need for counsel to verbally interrupt in front of the jury;
  • Integration of documents with the platform including: impeachment folders, exhibit folders, and verdict form;
  • Better capabilities for interaction with demonstrative aids, especially when using PowerPoint.

Although the mock Zoom jury trial and report do not specifically address criminal cases, the lessons learned can be useful for improving most virtual jury trials.

Click here for MORE ARTICLES