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Dealing With Defensiveness In High Conflict People
When most people think of high conflict people (HCPs), they think of bad behavior. The goal seems to be to get them to STOP their bad behavior, by verbally motivating them to have insights into how bad they are acting. However, the high conflict behavior of HCPs is not driven by logic and self-awareness.
Can You Teach an Old Dog New Tricks?
What can mediators learn from dog training?
Reflections on Our Field and Possibilities for Improvement
This article discusses reactions to the huge scope of our field.
Czech Transformative Mediators Empower Parents and Kids
Transformative mediation is thriving in Brno, Czech Republic.
Watch Your Language!
The objectives in a mediation are much different than in litigation; but often the differences are overlooked.
A Dent in the Universe
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
7 Signs You May Need Marriage Mediation
Every marriage goes through some rough patches, and unfortunately, trying to figure it out on your own can often lead to crucial things being left unsaid and strong relationships ending up on the rocks.
Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”
You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.
Mediation Strategies: A Lawyer’s Guide To Successful Negotiation
Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.
New Swiss Rules of Mediation
The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.
Re-imagining Collaborative Law, as well as dispute resolution itself
I first heard about Collaborative Law (CL) in 2002 as it began to spread around Massachusetts.
CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements
Nursing homes are now able to have protection and a clear plan with arbitration agreements.
5 Mediation Strategies for a Successful Divorce Agreement
There are many benefits to choosing mediation for your divorce, but it’s also important to understand and prepare for the challenges.
Interim Agreements
Are you considering a change in your marriage, but a divorce or a formal separation seems premature?
Educating the Next Generation in Resolving Social Media Disputes
Educating the next generation about conflict resolution skills--early in life--is essential on many levels.
Sample Mediator’s Opening Statement
How many of us have fumbled through an opening statement? In our view, the following is an example of a COMPLETE opening statement.
Verbal Self-Defense Begins with a Mindset of Compassion and Empathy
With Aikido, practitioners learn how to defend without harm to themselves and the attacker.
Process Before Substance
Framing is how to present a proposal. Is it presented in a positive fashion or in a negative fashion?
The Best Ten Minutes You’ll Spend All Day
Researchers spent some time in a knowledge-based customer support and back-office service company (i.e. call centre) and conducted an experiment with a portion of its employees.
Got A Final Award? It Ain’t Necessarily So
The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.
Power as Role and Reality in Mediation
The most valuable lesson I learned from the book, and the teacher, was the importance of power in any discussion.
What Happens if Employers Have to Prove They're Not Discriminating?
Legal recriminations and punishments usually only limit the conversation.
5 Tips for Dealing with Difficult Clients
If you’ve been in practice for more than a few months, there’s no doubt you’ve encountered a difficult client. It comes with the territory, and so as a lawyer, it’s important to learn how to handle difficult situations.
A Negotiation Emergency?
The need for a “Conflict Revolution” is clear. We have a Negotiation Emergency at the same time as we have a Climate Emergency.
Are You Really Ready for Divorce? The 8 Questions You Need to Ask
This article outlines what couples need to do in order to consider and face the numerous dilemmas that are inherent in divorce.
The “Flip Side” in Conflict
It is common that we get so caught up in our conflicts that we only see our side.
We Have to Talk: A Step-By-Step Checklist for Difficult Conversations
What you have here is a brief synopsis of best practice strategies: a checklist of action items to think about before going into the conversation.