Facilitation Section

Facilitation Articles

Phyllis Pollack

The Known and the Unknown

(4/18/22)Phyllis Pollack

“There are known knowns. There are things we know we know. We also know there are known unknowns. That is to say, we know there are some things we do not know. But there are also unknown unknowns, the ones we don’t know we don’t know.”

Jeff Trueman

Managing Multi-Party Construction Disputes

(4/18/22)Jeff Trueman, Patrick Coughlan

Co-mediation works well in large-scale construction disputes because it exchanges information among participants more efficiently and expands capacity to solve problems.

Cinnie Noble

Know Your Worth

(4/17/22)Cinnie Noble

“Know your worth. You must find the courage to leave the table if respect is no longer being served.” Tene Edwards

Bruce Edwards

[PODCAST] Demystifying Mediation Myths in the Construction Industry

(4/17/22)Bruce Edwards, Patricia Thompson

A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry.

Lydia Vanderkaay

A Mediator's Reaction to the Invasion of Ukraine

(4/17/22)Carlo Mosca

The recent events in Ukraine made me think about mediation in high-level conflicts, and ask myself whether I could maintain equidistance in a case of armed conflict.

Lauren Kominkiewicz

Values in Mediation

(4/17/22)Lauren Kominkiewicz

Values are a set of beliefs we hold onto and fall back on whenever we speak or act. They are – or should be – at the root of every decision we make and the lens through which we see the world.

Laura Bowles

Parenthood Changed My Conflict Style

(4/17/22)Laura Bowles

There is a principle in Style Matters that I hope to expand on as my children mature:  Make reflective conversation about conflict responses a routine part of life. 

John Lande

Evolution of New Normals in Dispute Resolution

(4/12/22)John Lande

The question “Is remote justice still justice?” implies that in-person justice really is justice.

Mediate.com ZZZZZ

The Complete Seven Keys to Unlock Mediation's Golden Age


This seminal compilation of "Seven Keys to Unlock Mediation's Golden Age" is now available for FREE! This is a work by 40 authors from around the world brought together for Mediate.com's 25th Anniversary Conference.

Colin Rule

Bringing Decision Science into Online Dispute Resolution: The NextLevelMediation Platform

(4/06/22)Colin Rule

One of the biggest challenges we face as dispute resolvers is helping our parties understand the choices they face in a given dispute, and the direct impact of each choice on the possible resolutions they can achieve.

Paul Rajkowski

Revisited - One Size Fits All

(4/06/22)Paul Rajkowski

Not too long ago in this mediation culture - one size does not fit all was their defense for not looking into traditional mediation and still is.

Marian Grande

Survival Tips for Cohabitating During Divorce

(4/06/22)Marian Grande

If both husband and wife cannot agree on who should go or absolutely cannot live together, they can bring a motion to the Court to have exclusive possession of the home. But there are a lot of other options and considerations.

Cheryl Cutrona

Building a Mediation Practice: 20 Strategies for Success

(4/06/22)Cheryl Cutrona

Mediators who want to build a successful private practice need to follow the same steps as anyone starting a new business. Marketing is difficult and time consuming.

Phyllis Pollack

An Apology: Was It Really?

(4/04/22)Phyllis Pollack

The Academy Awards ceremony on Sunday, March 27, 2022, was more than just entertaining: it provided an important lesson on apologies.

Maria Simpson

The Last Question

(4/04/22)Maria Simpson

I do a lot of interviewing, whether that’s at the beginning of a coaching relationship or during the interview process of a team project to collect background information, concerns, and opinions. Here is my interview protocol.

Prathamesh D Popat

Book Review: Conciliation & Mediation in India (Gracious Timothy Dunna ed., Kluwer 2022)

(4/04/22)Prathamesh D Popat

As if in a way to celebrate the silver jubilee of these first mediation training workshops in India, comes along a very fine collection of writings on the topic of mediation & conciliation.

F. Peter Phillips

Guest Author: Stefano Pavletic on Lessons Ukraine Teaches About Neutrality

(4/04/22)F. Peter Phillips

My dear friend Stefano Pavletic, a mediator from Milan Italy, has sent me this thoughtful and timely article that I hope readers will reflect upon.

Joy Rosenthal

Did Will Smith Have an Amygdala Hijack?

(4/04/22)Joy Rosenthal

That is what psychologist Daniel Goleman has described as the fight or flight response.

Kamela Love

Why are You and Your Sibling Fighting Over Your Parent's House?

(4/04/22)Kamela Love

Your sibling is arguing with you everywhere you turn, demanding things be done a certain way, the way she/he wants. Sound familiar?

Steven Bauer

[PODCAST] The Role of ADR in Resolving IP Disputes in the Life Sciences Industry

(4/04/22)Steven Bauer

A podcast from JAMS featuring Steven Bauer and Sarah Geers on how ADR can play a pivotal role in resolving IP-related disputes in the life sciences industry.

Harshitha Ram

Structuring Dispute Resolution Clauses in International Contracts

(4/04/22)Harshitha Ram

In international contracts, cultural differences and working styles are most often the potential aspects of disputes.

Tatyana Bilyk

Saving Myself by Saving Others

(3/31/22)Tatyana Bilyk

Today is the 35th day of the war in our country, the 35th day of opposition to Russian aggression and the struggle for our freedom and independence. We are fighting for our Ukraine, we want to live in our own country.

Peter Singer

Smith. Rock. Slap. Play safe, in conflict.

(3/29/22)Peter Singer

As a professional, you’ve likely experienced workplace interactions, team meetings, broader organisation information sessions or even fun celebrations in which a delicate turning point in an interaction unexpectedly surfaces.

Clare Fowler

Mediating the Oscars

(3/28/22)Clare Fowler

Now, imagine if a mediator were there, having each side share interests, empowering each other, and reaching a place of understanding. Because so often there is not a clear right or wrong, simply an opportunity.

Sheldon Stark

Negotiation 101: What Parties Should Know About Negotiations at the Mediation Table

(3/28/22)Sheldon Stark

Limited experience leads to unrealistic expectations; and unrealistic expectations lead to resentments.

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