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New at Mediate.com

New at Mediate.com

Amanda Singer

How Do We Tell our Friends We’re Getting a Divorce?

(2/26/21)Amanda Singer

Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?”

Maurice Ford

Progressive Discipline, the Misunderstood Frontier

(2/26/21)Maurice Ford, Bruce Ally

Since most employers will be faced with challenges from employees on an ongoing basis it is our intention to explore these ideas and expand on the concepts.

Julian Granka Ferguson

Adversarial Ethics and the Responsibilities of Mediation Associations

(2/26/21)Julian Granka Ferguson

Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.

CEDR’s Eileen Carroll: Her Mediation Story

(2/26/21)Antranik Chekemian

F. Peter Phillips, director of New York Law School’s Alternative Dispute Resolution Skills Program, welcomed an online audience earlier this month as part of the program’s long-running lunchtime speaker series for a session with veteran U.K. mediator Eileen Carroll.

Tony Guise

A Tale of Two Pilots: A comparison of civil justice innovation in New York State and England & Wales

(2/25/21)Tony Guise

Two recent announcements of pilot programs on either side of the Atlantic bring in to sharp focus steps being taken to bust the Backlog of civil cases in two jurisdictions.

Colin Rule

Getting the Most from Mediate.com

(2/23/21)Colin Rule

This PDF presentation from Mediate.com CEO Colin Rule reviews available Mediate content, resources, and services to help you develop and promote your mediation services.

Elan E. Weinreb

Of Pandemic and Perseverance: NYCLA’s ADR Committee Makes Lemonade Out of Lemons in 2020

(2/19/21)Elan E. Weinreb, Chris Fladgate, Nelson Timken

Among many challenging occurrences, the deadly coronavirus pandemic, protest-related violence resulting from deplorable civil rights violations, natural disasters, and all-too-regular political shockwaves— ultimately culminating in unprecedented siege and sorrow at the Capitol—definitively made 2020 humanity’s “year of the lemon.”

Mary Salisbury

Keeping the Marital Home in Divorce and Pitfalls for the Unwary

(2/19/21)Mary Salisbury

In most marriages there is a marital home/the kids' childhood home and it’s often the largest asset--and the largest source of conflict.

John Lande

ADR’S Place in Navigating a Polarized Era

(2/19/21)John Lande

Analyzing ADR can be like wrestling an octopus.

Jharna Jagtiani

Innovative Ways to Use Mediation (other than Dispute Resolution)

(2/12/21)Jharna Jagtiani, Aanchal Gupta

Mediation is traditionally used as a means of dispute resolution where parties can come together, call a timeout and reach a mutually acceptable solution.

Frank Hamilton

Mediation For Project Managers: Way To Resolve Your Conflicts

(2/11/21)Frank Hamilton

Conflicts arise regularly within any team or institution, and there are several options you can use to resolve them.

Colm Brannigan

The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute - Revisited

(2/11/21)Colm Brannigan

At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.

Frank Burke

Mediating and Resolving COVID-19 Related Contract and Commercial Lease Disputes

(2/11/21)Frank Burke

The COVID-19 pandemic and a series of government shutdown orders have negatively impacted many contracts and commercial leases, either preventing or slowing performance and upending the expectations of contracting parties.

H.E.R.E are the Steps You Need to Take to Have a Transformational, Conflict-Positive Conversation

(2/11/21)Dawn Bedlivy, Kim Faircloth

By the time Lee visited HR to request a mediation, he was frustrated and mad.

Marian Grande

Valentines Day and Divorce

(2/09/21)Marian Grande

Valentine’s Day; the most romantic day of the year. Some love it, some hate it, but you cannot deny that Valentine’s Day is synonymous with love, affection, adoration, chocolates, and flowers.

Kenneth Cloke

20 Proposals to Resolve Electoral Conflicts and Strengthen Democracy

(2/08/21)Kenneth Cloke

Electoral democracy has gone through a period of profound conflicts, yet each unique conflict points us toward potential solutions and more collaborative processes.

Oran Kaufman

Timing is Everything Again

(2/08/21)Oran Kaufman

They say that in real estate the key is “location, location, location.” It could certainly be argued that in mediation the parallel is “Timing, timing, timing.”

Jim W Hildreth

Bats, Rattlesnakes, and a Mine Shaft

(2/05/21)Jim W Hildreth

Mediator Jim Hildreth shares an amusing account of a recent mediation.

Bruce Ally

Ambulance Usage Pursuant to an MVA as Determinative of Severity of Sustained Injuries

(2/05/21)Bruce Ally

Those who have been involved in an accident and chose to pursue their options to recovery through the legal system, often end up at mediation.

Rachel Gupta

Five Principles to Maximize Chances of Success in Mediation

(2/05/21)Rachel Gupta

As a current mediator who has for years also been litigation counsel representing clients in mediation, I have noticed that there may sometimes be a disconnect between what mediators and litigators each expect from mediation and from each other.

Keri Morris

"Whatever you do for me, without me, you do to me"

(2/02/21)Keri Morris

Too commonly I hear the principles of Te Tiriti o Waitangi referred to as partnership, protection and participation.

Michael Leathes

Not Leading By Example

(2/02/21)Michael Leathes

Setting an example is not the main means of influencing others, it’s the only means, declared Einstein.

Rukmani Menon

Dealing with VIP Privilege in Mediation

(2/02/21)Rukmani Menon

Working with egos and emotions is considered an obvious task for a Mediator and this responsibility is heightened when the parties involved are high profile individuals or global brands.

Colin Rule

Book Review - Evolution of a Field: Personal Histories in Conflict Resolution

(2/01/21)Colin Rule

The new book "Evolution of a Field: Personal Histories in Conflict Resolution" is now available. It collects personal histories from 23 experienced mediators, chronicling the paths they took to arrive at their work resolving disputes. 

Nina Meierding

Mediate.com Instructor Discusses Implicit Bias: We All Have It

(1/27/21)Nina Meierding

Nina Meierding discusses her training on implicit bias, and what we can do to become "bias aware."

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.

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