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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.
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 article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
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.
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.
Collaboration is an emerging platform for economic success in law.
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.
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.
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.
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.
Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.
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?
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.
Never have we been more needed, and never have we needed to be more flexible.
During the pandemic, business leaders can learn from educators about overcoming the communication challenges that video conferencing platforms present.
Many times in tense situations there is a strong desire to minimize the conflict.
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.
“Never let a good crisis go to waste” – Alistair McIntosh
A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.
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.
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.
This article is prompted by my conversation with a really good, experienced colleague who is revising his mediation course.
This post discusses interesting ramifications of personalities, such as two individuals who are each “disagreeable” tend to get along the best.
Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.
This article examines what we should do as mediators during the pandemic.
Empty threats in dispute resolution change nothing.