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New at Mediate.com

New at Mediate.com

Jim Melamed

How Can We Best Make and Maintain Quality Mediators?

(1/23/21)Jim Melamed, Forrest (Woody) Mosten

Under the leadership of Forrest (Woody) Mosten, Mediate.com's Online Mediation Training Task Force is tackling a huge issue: "How can the mediation field now and in the future best make and maintain quality mediators?

Michael Diliberto

Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly

(1/22/21)Michael Diliberto

Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms.

Bruce Edwards

The Vanishing Jury Trial and Other Important Lessons for Mediators

(1/22/21)Bruce Edwards

The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.

John Sturrock

Recognizing Trauma: Litigation and Politics are Harming Us

(1/22/21)John Sturrock

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.

Larry Bridgesmith

Radical Collaboration

(1/21/21)Larry Bridgesmith

Collaboration is an emerging platform for economic success in law.

Gregorio Billikopf

Non-Directive Empathic Listening

(1/15/21)Gregorio Billikopf

In this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding.

Colin Rule

Book Review: The Art of Roleplay and Dispute Resolution Training

(1/15/21)Colin Rule

Role plays are one of the most common tools used by mediation trainers. In his new book, Marc Bhalla takes a deeper look at how to use role plays effectively and shares some of his tested and effective scenarios.

Michael Leathes

A Negotiation Innovation: An intelligent negotiation assistant

(1/14/21)Veronique Fraser, Barney Jordaan, Michael Leathes

I am sitting in a room, negotiating a sale, and I’m thinking: Which is likely to be more favorable to me: put a figure on the table, or insist the Other does so first?

Frank Hamilton

Best 10 Books About Mediation Ever Written

(1/08/21)Frank Hamilton

The difference in opinions, beliefs, views, values, and desires, plus the need to establish supremacy of one over the others often causes conflicts to arise in different situations.

Tracy Allen

Pandemic Pivot - ADR Poised for Prominence During Recovery

(1/08/21)Tracy Allen

Never have we been more needed, and never have we needed to be more flexible.

Charles Crumpton

Egalitarian Change – Our Roles and Responsibilites

(1/08/21)Charles Crumpton

“Never let a good crisis go to waste” – Alistair McIntosh

George Siedel

5 Zoom Lessons for Leaders

(1/08/21)George Siedel

During the pandemic, business leaders can learn from educators about overcoming the communication challenges that video conferencing platforms present.

Kenneth Cloke

10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving

(1/08/21)Kenneth Cloke

Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.

Colin Rule

Let’s Make 2021 the Year of Resolutions

(1/05/21)Colin Rule

2020 was a tough year for many of us, from the pandemic to shutdowns to political chaos. Let's use the fresh start of the new year to set our sights on a more optimistic horizon.

Bruce Ally

Theory vs. Reality: Where the Rubber Hits the Road

(1/05/21)Keshia Osbourne, Bruce Ally

After spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world.

Christopher Nolland

How To Screw Up a Mediation in our Brave New World

(1/04/21)Christopher Nolland

FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition

Jonathan Rodrigues

Mediators, Time to Mend Our Nets

(1/04/21)Jonathan Rodrigues

This article examines what we should do as mediators during the pandemic.

Larry Bridgesmith

Collaboration is the Future

(1/04/21)Larry Bridgesmith

Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.

Veronica Cravener

Resolving Legal Battles, One Text Message at a Time

(12/27/20)Veronica Cravener, Jessica Kavinsky

The Franklin County Municipal Court (FCMC), located in Columbus, Ohio offers online, text-message mediation. This article highlights the data from mediations completed entirely online, by text message, in one of FCMC’s mediations programs.

Don Cripe

Is My Bias Showing?

(12/27/20)Don Cripe

In his recent book, Online Courts and The Future of Justice, author Richard Susskind posits, “…litigants do not really want courts, judges, lawyers, rules of procedure, and the rest. More likely, they want not to have a problem at all."

Phyllis Pollack

Reflections on the last 525,600 minutes!

(12/22/20)Phyllis Pollack

This article looks at: What three things have I learned in the last 525,600 minutes?

Denise French

First Holiday Season After Divorce

(12/22/20)Denise French

Your first Christmas or other major holiday after divorce can be tough, and it will no doubt be different.

Kenneth Cloke

50 Questions You Can Ask Friends and Relatives in Political Arguments

(12/18/20)Kenneth Cloke

Preparing for Holiday Gatherings: In the aftermath of the election, and as we head into the holidays when we will be talking with friends and relatives we may find ourselves disagreeing with, in addition to the substantive points we want to make, here are 50 questions we can ask to help make our conversations more interesting and productive.

Kwame Christian

How Simple Mediation Skills Can Bring Peace After The Election

(12/18/20)Kwame Christian

Regardless of who you supported during the 2020 election, it’s inevitable that you’ll hear, see, or experience the increased emotionality brought about by our current political climate, especially during the holiday season.

Julian Granka Ferguson

Navigating Cybersecurity in ADR

(12/18/20)Julian Granka Ferguson

Cybersecurity is the protection of internet-connected systems like hardware, software and data from cyber-threats and unauthorized access that can be designed to access, delete, or extort a user’s sensitive and personal data.

Mark Baril

What to Do When Abrasive Behavior Disrupts Your Mediation Process

(12/18/20)Mark Baril

As mediators, we are hired and trusted to come into a situation and use our best judgment and experience to deliver results in the form of durable negotiated agreements and changed behavior. In rare situations we will encounter abrasive behavior by one or more parties, and in those cases we must be prepared to shift our process to accommodate the landscape and serve the parties in the best way possible.

Pusshp Gupta

Stepping Into 2021

(12/16/20)Pusshp Gupta

We all make specific resolutions, affirmations, pledge ETC (End of Thinking Capacity), when we step into a NEW YEAR.

Kenneth Cloke

The 2020 Elections, Mediation, and the Political Divide -- What Next?

(12/14/20)Kenneth Cloke

Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?

Heather Kennedy

Special Education In a Pandemic: A Legal and Guideline Summary for Mediators and Conflict Resolution Practitioners

(12/11/20)Heather Kennedy

This paper helps Conflict Resolution Practitioners update their expertise by summarizing current federal legal guidelines, laws and regulations, and expectations from Public Authorities, during the COVID-19 Pandemic. The paper also reviews the expectations and rights of State Education Agencies, Local Education Agencies, and parents or guardians of children with disabilities during this unprecedented time.

Maurice Ford

Progressive Discipline, the Misunderstood Frontier

(12/11/20)Maurice Ford, Bruce Ally

In today’s modern workplace there is always a potential for a conflict to arise given the fact that we live in a global village with increase communication, hence the potential for increased conflict.

Ariel Kirzner

Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?

(12/07/20)Ariel Kirzner, Bruce Ally

This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.

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