So here is a proposed Protocol for online mediation; the mediator should:
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.
I wrote this article growing out of the lively discussion in a program on fairness.
In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.
“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
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.
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.”
“Setting an example is not the main means of influencing others; it is the only means.” ~Albert Einstein
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.
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.
After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.
(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?
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.
(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.
Bystanders can stand up and stop workplace gossip.
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.
My goal has always been to provide each and every mediation participant with the most satisfying experience possible.
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).
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.
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.
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.’
(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.
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.
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.
(6/16/21)Keshia Osbourne, Bruce Ally
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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.