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How Can We Best Make and Maintain Quality Mediators?
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?
Recognizing Trauma: Litigation and Politics are Harming Us
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.
Conversation, Kindness, and Democracy
Are kindness and conversation still possible? What about the many other people who share a perspective with those folks and are not themselves violent?
The Vanishing Jury Trial and Other Important Lessons for Mediators
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations
As a JAMS mediator, I believe that one of the best ways to assist parties to resolve a dispute is to educate them about the risks they run in continuing the confrontation.
Make Yourself Aware About Divorce Mediation
You might be thinking that you don’t need to make yourself aware about anything divorce related because it’s not going to happen to you.
Radical Collaboration
Collaboration is an emerging platform for economic success in law.
Being Unafraid to Feel
When we feel emotional about a conflict – hurt, anger, betrayal, disappointment, and so on – it is a clear sign that something important to us is being challenged or threatened or undermined.
Non-Directive Empathic Listening
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.
Divorce Noise
It’s so normal for us to ask questions and want information from those who have already been through this overwhelming time in our lives.
The End Game
Deciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference.
Love’s New Mediation Data: Whither the Joint Session?
Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.
A Negotiation Innovation: An intelligent negotiation assistant
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?
10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving
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.
Pandemic Pivot - ADR Poised for Prominence During Recovery
Never have we been more needed, and never have we needed to be more flexible.
5 Zoom Lessons for Leaders
During the pandemic, business leaders can learn from educators about overcoming the communication challenges that video conferencing platforms present.
Authenticity in Conflict
Many times in tense situations there is a strong desire to minimize the conflict.
Best 10 Books About Mediation Ever Written
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.
Egalitarian Change – Our Roles and Responsibilites
“Never let a good crisis go to waste” – Alistair McIntosh
[PODCAST] Reflecting on Nine Months of Virtual ADR
A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.
Let’s Make 2021 the Year of Resolutions
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.
Theory vs. Reality: Where the Rubber Hits the Road
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.
Ideas for Teaching Mediation and Negotiation
This article is prompted by my conversation with a really good, experienced colleague who is revising his mediation course.
Personality Matters!
This post discusses interesting ramifications of personalities, such as two individuals who are each “disagreeable” tend to get along the best.
Collaboration is the Future
Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.
Mediators, Time to Mend Our Nets
This article examines what we should do as mediators during the pandemic.
Ultimatums in Conflict Resolution
Empty threats in dispute resolution change nothing.