New at Mediate.com
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.
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.
Can You Teach an Old Dog New Tricks?
What can mediators learn from dog training?
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?
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.
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?
Andrea Schneider Interview - The Future of Mediation and Negotiation in Our Culture, Politics and Society
This is an interview with Andrea Schneider by Robert Benjamin discussing negotiative strategies.
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.
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.
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.
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.
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.
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.
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.
Five Ways to Attract and Retain Young Professionals to your ADR Program or Organization
If you've noticed that your ADR program or organization (or the field in general) is lacking in young professionals, you are not alone. In this article, I offer five practical ideas that ADR program leaders can implement now in order to get and keep young professionals in ADR.
Working with American Sign Language Interpreters in Mediation
As mediators we listen for the words being said, words not being said, how those words are said , and the body language that goes with those words.
Revolutionizing Mediation through Technology
In recent years, as the world has migrated toward a reliance on social networks, the internet of things, and digital transactions, disputes have grown exponentially in terms of number and complexity.
The Psychology of Conflict and the Art of Compassion
This article is designed to shift how we manage people in emotionally intense situations.
Time-bound Mediation: Good or Bad
The article questions whether allocating a specific amount of time for mediation sessions or limiting the entire period within which to complete the mediation process is a good or bad thing.
Establishing Standards for Online Domestic Relations Mediation
Leading national family mediation organizations, including Mediate.com, have abided by common standards for divorce and family mediation for over two decades. Do these standards need to be updated to address issues of online mediation? If so, how?
Divorcing After Long-Term Marriage Checklist of Considerations
For couples facing divorce in their late fifties, sixties, and beyond, the questions and issues are quite distinct from those facing younger couples.
Celebrating Pride – Reflections on Being a Gay Mediator
This article discusses this mediator's viewpoint that as a mediation profession need to celebrate our own pride.
13 Tools for Resolving Conflict in the Workplace, with Customers and in Life
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.
The Divorce Process: Mediation Saves Money, Time and Trauma
The divorce process has significant impacts on the lives of the spouses and their families depending on how they go through the divorce. This article outlines how divorce mediation can save families money and time, and reduce trauma when compared to a traditional, litigated divorce process.
Bringing the Human Face to Conflict
Mediation may be described as a process that evolves over four different phases. It begins in a joint session and ends in a final joint session.
Why Retainers are Important to the Mediation Process
For most mediations, having the financial relationship between the mediator and the clients prepaid through a retainer can be a very strong impetus towards making the mediation process stronger and more effective.
Bringing Mediation into the Mainstream
Being a mediator brings surprises along the way. It is remarkable that, after years of waiting for Scotland to pick up the mediation baton, we now have two important initiatives underway.
Marriage and Divorce Under The Tax Cuts and Jobs Act of 2017
As a former practicing CPA, who is now a professional mediator, I pose the following question: What has the Tax Cuts and Jobs Act done to help couples improve the statistics regarding the institution of marriage and make the emotional issues of divorce less stressful?
'Resolving Land and Energy Conflicts': Book Review
Resolving Land and Energy Conflicts is a groundbreaking effort that documents conflicts and strategies for collaboration in today’s U.S. energy sector.