Facilitation Section


Facilitation Articles


Maria Jabbour

A Protocol for Online Mediation

(7/08/21)Maria Jabbour

So here is a proposed Protocol for online mediation; the mediator should:

Kenneth Cloke

Insurrection, Demagoguery, and the Mediation of Political Conflicts

(7/06/21)Kenneth Cloke

Following the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before.

John Lande

Charting a Middle Course for Court-Connected Mediation

(7/06/21)John Lande

I wrote this article growing out of the lively discussion in a program on fairness.

Phyllis Pollack

Certainty Does Not Equate to Accuracy!

(7/06/21)Phyllis Pollack

In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.

Laura Athens

Top Ten Cognitive Biases and Distortions in Mediation

(7/06/21)Laura Athens

“You can’t always get what you want, but if you try sometimes, you get what you need.” The Rolling Stones, Let It Bleed, 1969

Louis Chang

Live or virtual? Is the Future Here to Stay? Born of necessity. Driven by ease.

(7/06/21)Louis Chang

Many have come to appreciate, even love, the ease, convenience, flexibility, time and cost savings associated with meetings, hearings, mediations, arbitrations and conferences conducted via video conferencing technologies such as Zoom, Teams and others.

Charles Crumpton

An Affirmative Higher Social Responsibility Duty to Serve Systemic Social Change through System Design

(7/06/21)Charles Crumpton

This article reflects on a panel discussion that took place on April 14, 2021, as part of the ABA Dispute Resolution Section Virtual Spring Conference, titled "Dispute Resolution Pandemic Pivot: Systems Design for Socioeconomic Inequality issues.”

Cinnie Noble

Do You Model Conflict Competence?

(7/02/21)Cinnie Noble

“Setting an example is not the main means of influencing others; it is the only means.” ~Albert Einstein

Katherine Graham

Stress, Depression, and Heart Attacks: What Poor Management Does to Employee Health

(7/02/21)Katherine Graham

We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.

Susan Yates

Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODR

(7/02/21)Susan Yates

RSI’s Director of Research, Jennifer Shack, and Professor Shestowsky are working with the Pew Charitable Trusts to evaluate online platforms that courts are using to assist parties in engaging in mediation and negotiation.

Denise French

Retaining Your Assets in Divorce

(7/02/21)Denise French

After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.

Lydia Ray

Battling Burnout: Mental Health and Self-Care in Mediation

(6/27/21)Lydia Ray, Jonathan Rodrigues

Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?

Deborah Heller

Co-Mediation in A Volunteer Co-Mediation Process. Some Simple Ideas

(6/27/21)Deborah Heller

The article suggests that there is little formal training for mediators, especially volunteer mediators who may co mediate with many different partners to work effectively together, and makes some simple and concrete suggestions for ways to remedy this.

Eric R. Galton

The Remarkable (And Often Very Surprising) Benefits of Virtual Mediation

(6/25/21)Eric R. Galton

A funny thing happened on April 1, 2020. After over 30 years and 7,500 cases as an in person, high-touch mediator, I grudgingly became, out of necessity born by COVID-19, a virtual, online mediator.

Lorraine Segal

How Bystanders Can Stop Gossip

(6/25/21)Lorraine Segal

Bystanders can stand up and stop workplace gossip.

Kathleen Kauth

Conflict in the Helping Professions

(6/25/21)Kathleen Kauth

There is often an assumption that someone who works in a helping profession such as healthcare, senior living, social worker, schools etc. are kind and generous people who completely live up to the mission and values that the organization promotes.

Ross Feinberg

Settlement Verification in the Virtual World

(6/25/21)Ross Feinberg

My goal has always been to provide each and every mediation participant with the most satisfying experience possible.

Mark Smalls

[Podcast] Being Bold: Broadening the ADR Diversity and Inclusion Landscape

(6/25/21)Mark Smalls

A podcast produced by the American Bar Association features JAMS Senior Vice President & Chief Marketing Officer Mark Smalls on diversity, equity and inclusion (DEI) in alternative dispute resolution (ADR).

Areta Marshall

Mediation as a Therapeutic Intervention in the Streets of Toronto

(6/25/21)Areta Marshall

When I saw an accident, my brain turned to mediation mode, to me this was essentially setting the stage for a mediation and being in control of how the situation unravels.

John Lande

Reconciling Allegedly Alternative Mediation Models by Using DIY Models

(6/18/21)John Lande

I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions.

Henneke Brink

Mediation Ethics - an interview with Ellen Waldman

(6/18/21)Henneke Brink

It has been exactly ten years since Ellen Waldman’s masterpiece ‘Mediation Ethics’ was first published. It was aptly described as ‘a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making.’

Jen Schimbeno

Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce

(6/18/21)Jen Schimbeno, Brandyn Roark Caires

The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.

Heather Kennedy

5 Ways Conflict Resolution Practitioners Can Prevent and Resolve Special Education Conflict During the Pandemic

(6/16/21)Heather Kennedy

The current pandemic has created a crucial need for those experienced in conflict resolution practices to prevent and resolve conflict in the education of students with disabilities. Public agencies, schools, and families should utilize those trained in conflict resolution, including mediators, negotiators, and advocates, to combat this crisis and lessen adverse outcomes for those involved.

Keshia Osbourne

Validating Medical Claims: do you get true value for your contributions?

(6/16/21)Keshia Osbourne, Bruce Ally

Anyone who’s employment situation offers them extended health is often under the mistaken notion that their policy will be triggered should a medical need arise.

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