Facilitation Section


Facilitation Articles


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.

Kathleen Kauth

Helicopter Conflict

(9/13/21)Kathleen Kauth

What do helicopter parents do best? They hover.

Kenneth Cloke

Mediation and the Language and Culture of Politics

(9/10/21)Kenneth Cloke

One of the principal difficulties with political conflicts is that, in addition to disagreements over ideas, facts, proposals, beliefs, and values, there are significant differences in the languages we use to describe ourselves, our opponents, and the issues that divide us; as well as in the disparate cultural norms, expectations, myths, assumptions, and ways we attribute meaning to political ideas and assertions.

Sarah Peyton

Yes and No are Powerful Words

(9/10/21)Sarah Peyton

Yes and No are powerful words. What impact does saying each of them have on your body and nervous system?

Yvette Durazo

The Customer Isn’t Always Right-- But They’re Causing More Conflict Than Ever

(9/10/21)Yvette Durazo

Many leaders are unable to de-escalate conflict themselves, let alone train their employees to do the same.

Patrick Mastronardo

The Civil Rights Act of 1964: The Right to Bilingual Mediation

(9/08/21)Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Cinnie Noble

Eating Our Words

(9/07/21)Cinnie Noble

Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”

Phyllis Pollack

How Do You Define “Ethics?”

(9/07/21)Phyllis Pollack

"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."

John Peterson

How to Resolve a Dispute with Someone Who Doesn't Know Your Language

(9/07/21)John Peterson

As the international business environment is quickly expanding, companies are merging and are therefore helping create a global workplace setting.

Rebekah Ratliff

[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?

(9/07/21)Rebekah Ratliff

In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.

Phyllis Pollack

Making Ethical Decisions

(8/30/21)Phyllis Pollack

Despite the complexity of ethical issues, Ms. Liautaud has formula for making an ethical decision quite simple.

Joy Rosenthal

Why I Don’t Caucus

(8/30/21)Joy Rosenthal

One of the things to think about when you are looking for a divorce mediator is whether they will meet with both of you together or will meet with you each separately.

Lydia Ray

Vulnerability for the WIN!

(8/27/21)Lydia Ray

Vulnerability as quoted from THE vulnerability researcher Brene Brown “is not winning or losing, it’s having the courage to show up even when you can’t control the outcome”. 

Sinéad Coneely

Ireland’s Mediation Adventure – A practitioner flying on “mutinous winds”

(8/27/21)Sinéad Coneely

The Act represents a significant turning point for the Irish Civil Justice system and is very significant for mediation.

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