(7/17/20)Charlie Young, Bob Wright
Aspects of ODR have been with us in one form another for decades.
Where medicine may have been conventional, the most conservative profession is often thought to be law.
(7/16/20)Forrest (Woody) Mosten
In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.
The art and craft of mediation, like many other skills, mainly matures from the myriad mistakes mediators make on their way to meticulously mastering the process.
This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.
(7/15/20)Jeremy Lack, Ana Gonçalves, Daniel Rainey
Online Dispute Resolution (“ODR”) is now universal, especially since the Coronavirus pandemic began.
The notion that we have the ability to change someone (such as their personality, their needs, their values, their core beliefs, their deeply held views) is unrealistic.
(7/10/20)Christian Radu Chereji
Governments play a vital role in the advent of a Golden Age of mediation in three critical areas: generating robust data; mobilizing public and professional engagement; and, most visibly of all, inspiring uptake and demonstrating that they “walk the talk”.
Resolution 1325 marks the first time that the UNSC affirmed the critical role of women in conflict resolution and peace building.
This series examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Asia.
I am calling upon all Professional Mediators to deploy as a powerful peacemaking force in our current national crisis.
Empathy within a mediation session can prove a catalyst for success as long the mediator helps parties not miss the opportunity. Recognizing this skill and the courage of parties to move from entrenched positions will not be missed by an experienced mediator.
How can an appreciation of mediation be developed in the marketplace?
(7/05/20)Veronique Fraser, Joan Stearns Johnsen
Mediation is a malleable process that parties and neutrals adapt to different areas of practice, cultures, and practitioner demands.
The likelihood of conflict and conflicting ideologies makes effective resolution of disputes and the negotiation of sustainable deals crucially important.
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.
University teachers faced with marking hundreds of papers have been known to find some crumbs of comfort in students’ more eccentric answers.
(7/03/20)NAFCM, D.G. Mawn
: Op-EdScores of cellphone videos, capturing police violence around the country, have revealed to millions the depth and breadth of systemic racial bias in the United States. Understandably, many are calling for a new way.
The rapid shift to the greatest use of video conferencing technology has occurred, but how are we adapting ourselves and our mediations? Relatively simple adjustments to remote mediation can result in a higher likelihood of outcomes that would have likely occurred during face to face mediation.
(7/02/20)Gregg Relyea, Carla Marcucci
This article examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Europe.
Is all the technology really necessary, and worth the price?
The Indian Government announced a complete indeterminate lockdown across the nation in the month of March amid the spread of Corona Virus (COVID-19). This has effected the ability of people to resolve disputes.
After writing the obituary, many comments came forward saying mediation was not dead. It was different. This is a response to those comments.
In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.
(6/25/20)Gregg Relyea, David Bogan
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This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.