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John Lande

BATNA’S Got to Go

(7/03/20)John Lande

In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.

Charlie Irvine

What Do ‘Lay’ People Know About Justice?

(7/03/20)Charlie Irvine

University teachers faced with marking hundreds of papers have been known to find some crumbs of comfort in students’ more eccentric answers.

Let Communities and Police Together Keep the Peace: Op-Ed

(7/03/20)D.G. Mawn

: Op-EdScores of cellphone videos, capturing police violence around the country, have revealed to millions the depth and breadth of systemic racial bias in the United States. Understandably, many are calling for a new way.

Adam Stebbins

Designing for the Intensity of Online Mediation

(7/03/20)Adam Stebbins

The rapid shift to the greatest use of video conferencing technology has occurred, but how are we adapting ourselves and our mediations? Relatively simple adjustments to remote mediation can result in a higher likelihood of outcomes that would have likely occurred during face to face mediation.

5th Key-Technology: Embrace and Integrate Relevant New Technologies

(7/02/20)Jeremy Lack, Francois Bogacz

Much ink has been spilled on the future of mediation, and how robots may someday take over from humans. However, mediation is not an empirical science that can be reduced to algorithms.

5th Key-Technology: Take Advantage of ODR’s Full Potential

(7/02/20)Ana Gonçalves, Daniel Rainey, Jeremy Lack

Online Dispute Resolution (“ODR”) is now universal, especially since the Coronavirus pandemic began.

Gregg Relyea

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Europe

(7/02/20)Gregg Relyea, Carla Marcucci

This article examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Europe.

Kyle Persaud

Telephone Mediation in an Age of Social Distancing: Does It Work?

(7/02/20)Kyle Persaud

Is all the technology really necessary, and worth the price?

Sneha Vardhani

Virtual Mediation During COVID-19 Lockdown – A Preferred Mode of Online Dispute Resolution?

(7/02/20)Sneha Vardhani

The Indian Government announced a complete indeterminate lockdown across the nation in the month of March amid the spread of Corona Virus (COVID-19). This has effected the ability of people to resolve disputes.

Ana Gonçalves

4th Key-Professionalism: Create a Universal Code of Disclosure

(6/26/20)Ana Gonçalves, Francois Bogacz, Daniel Rainey

Universal mediation standards have been a controversial issue ever since the rise of mediation as a dispute resolution process.

Paul Rajkowski

Did Traditional Mediation Die?

(6/26/20)Paul Rajkowski

After writing the obituary, many comments came forward saying mediation was not dead. It was different. This is a response to those comments.

Pierrick Le Goff

4th Key-Professionalism: Act to Ensure Mediation is Respected as a True Professional Practice

(6/26/20)Pierrick Le Goff

This article discusses the importance of professionalism to ensure that mediation is being taken seriously.

John Brand

4th Key-Professionalism: Modernize the Culture Driving Legal Practice

(6/26/20)John Brand

This article discusses professionalism and the need to modernize our mediation culture.

Mark Appel

4th Key-Professionalism: Encourage Mediation and Arbitration Integration

(6/26/20)Mark Appel, Wolf von Klumberg

This article discusses the importance of bridging mediation and arbitration.

Vittorio Indovina

Mediation in the Legal Culture of Italian Lawyers: Some Data from an Empirical Study

(6/26/20)Vittorio Indovina

In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.

Gregg Relyea

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Australia

(6/25/20)Gregg Relyea, David Bogan

This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: North America

(6/22/20)Gregg Relyea, Kenneth Cloke

This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.

Kenneth Cloke

A Transformational Approach to Conflicts Between Police, Demonstrators, and Communities of Color

(6/20/20)Kenneth Cloke

Every officer learns to use violence and the martial arts. How many learn empathy, compassion, and emotional intelligence?

Lenton Aikins

George Floyd: A Call to White Leadership

(6/20/20)Lenton Aikins

The purpose of this brief article is to respond to the article titled “George Floyd: What Leaders Need To Do Now,”published in Mediate.com and to offer some comments by a living black man whose paternal grandfather and grandmother were slaves.

3rd Key-Education: Include Learning in Psychology & Brain Science to Enhance Mediator Practice

(6/19/20)Tim Hicks, John Sturrock

Fundamentally, mediators work with people’s psychologies and identities, their worldviews and self-views - everything that makes up what it is to be a human being.

Phyllis Pollack

Addressing Ethical Issues in Online Mediations

(6/19/20)Phyllis Pollack

Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues.

Deborah Masucci

3rd Key - Education: Teach Mediation as a Core Subject Aligned to Real World Needs

(6/19/20)Barney Jordaan, Deborah Masucci

Mediation is rarely taught as a core subject in business schools, law schools and other professional curricula, despite the fact that an increasing number of jurisdictions now provide for some form of court sponsored mediation.

Angela Herberholz

3rd Key-Education: Ensure the Future Through Mentoring and Practice Programs for New Mediators

(6/19/20)Angela Herberholz, Emma Ewert Keir

Practicing mediators with advanced knowledge, skills and experience need to support the next generations of mediators to ensure a positive and vibrant future of mediation.

Vanessa Rose

Avoiding the Need for Workplace Dispute Resolution

(6/19/20)Vanessa Rose

Conflict arises in most workplaces at one point or another, but companies who take time to address the unmet needs of their employees may find that they have an easier time preventing or managing conflict overall.

Roseann Vanella

Using Mediation for Family Business Disputes

(6/19/20)Roseann Vanella

Being in business with family members involves some unique dynamics that are not present with other types of business arrangements.

Joanna Kalowski

3rd Key-Education: Train Mediators to be Culture-wise, not Culture-blind

(6/19/20)Joanna Kalowski

Perplexed by the slow uptake of mediation in many places, is it time to wonder whether the mediation field has taken sufficient account of the centrality of culture?

Michael Mcilwrath

2nd Key-Data: Develop a Negotiation Index

(6/15/20)Michael Mcilwrath

Folklore was the class at university that fundamentally altered how I view the world.

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