New at Mediate.com
The Civil Rights Act of 1964: The Right to Bilingual Mediation
Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.
Eating Our Words
Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”
[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?
In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.
Why I Don’t Caucus
One of the things to think about when you are looking for a divorce mediator is whether they will meet with both of you together or will meet with you each separately.
Exemplifications of Typical Topics: Mediator as a Playwright (Part I)
There are certain reoccurring themes, which frequently surface and resurface during the conversations, taking place during mediation meet-ups. These themes are often deeply ingrained in the conflicts, parties have with each other.
Mediator Ethics: Should You Ask for a Waiver of Liability?
I read a Mediation Agreement that struck me as odd, perhaps unenforceable, maybe even unethical
Alvin Toffler, ODR, The Red Queen, and the Pandemic
Much has been written about the future. However, when we read about "what will come" we see it as “something far away”.
ADA Mediation Refresher
I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.
Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)
What a fun, dense, and important read about mediation!
Mediation Development in India
India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020. As part of the reforms to the justice system to better manage the backlog there has been a concerted push to ADR processes.
The Growth of Mediation in Nigeria
This paper seeks to draw upon the experiences of Nigeria as a growing mediation movement to serve as a blueprint for emerging mediation movements.
Beyond Mediation: Conflict Coaching
Conflict coaching, also known as conflict management coaching, is a one on one process in which a trained coach supports clients to strengthen their conflict competence, including their confidence and comfort to engage more effectively in their interpersonal disputes. This process may also be used for pre-mediation to prepare parties to participate more effectively in the mediation process or to prepare for any facilitated dialogue/discussion.
A Few Best Practices for Online Law Practice and Trainings
A great article emphasizing that mediators take the time to identify and learn useful online technologies and how to make your online meetings most effective and successful.
Multi-Jurisdictional Issues in Online Mediation
With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictional implications.
Seeing the Future by Knowing the Past
As we gradually emerge from the dark cloud of the pandemic, conversations among mediators have shifted and we are now wondering whether we want to return to in person mediation, whether we will try a hybrid approach or whether we will continue to virtual mediation.
Beyond Mediation: The Collaborative Practice Experience
Collaborative Practice is a process to resolve family law conflict without the use of the court. Each person has their own attorney, but should the matter go to court, the attorneys are prohibited from participating in the court process. This changes everything. Instead of gearing up for litigation the attorneys becoming settlement specialists. Everyone has a vested interest in assisting the clients reach an agreement.
Experiential Online Mediation Training: Clinics, Simulations and Video Feedback
This report focuses on questions and issues considered by the Committee on Experiential Online Mediation Training: Clinics, Simulations, and Video Feedback, as part of Mediate.com's Online Mediation Training Task Force. This complete committee report highlights valuable resources and committee recommendations for moving forward.
Why Mediators Need to Stop and Think Hard about Facilitating NDAs in Settlement Agreements
. . . An agreement seems to be emerging, to the relief of the plaintiff whose human rights complaint against the defendant employer has been dragging on for months. . .
Learning from Every Mediation
I have been mediating for over twenty-five years. During this time, I have had many different experiences with clients, including the good and the bad.
The Growth of Mediation in Argentina
The Argentine Republic has a Federal System of Government where the National State and Provincial States coexist. The regulation of Mediation is a power that is understood to be reserved to the latter. Because of this, we must keep these two areas in mind to carry out the analysis.
Mediation in Russia
While a population that distrusts organized government and veers towards private handlings of delicate matters might seem perfectly primed to welcome mediation into its dispute resolution culture, Russian intelligencia first brought mediation to the forefront of legislative consideration in the 21st century, with legislation authorizing the use of mediation in Russia only being passed in 2011.
Online Mediation Training Task Force Marketing Committee Report
The Online Mediation Marketing Committee considered the following issues: 1) What resources, resource center(s) and organizational support will best support the elevation, acceptance and use of online mediation training and online mediation services; 2) How can mediation providers and policy organizations best support the expansion of online mediation providers; 3) How can mediators and other professionals best support the expansion of online mediation; and 4) What are the best new opportunities for expanding the application of mediation and online mediation services?
Online Mediation Training - Mentoring & Consultation Best Practices
The term “Mentor” been commonly used to include guide, champion, teacher, supervisor. Today because we inherited many traditions of mentoring practices, we continue to use the term broadly while also attempting to give it somewhat more definition in terms of mediation and related professional practices.
Effective Online Mediation Training For Public Policy And Large Group Mediators
At the request of Mediate.com, a small group of US-based public policy and large group mediators/mediation trainers met online during the winter/spring of 2021 to consider best practices and ideas to enhance online training and practice. This report summarizes our ideas and recommendations for ourselves, our colleagues and Mediate.com.
Online Mediation Training Task Force Family / Elder Committee Report
The Family and Elder Committee was initially tasked with Considering the Following Questions: 1) How can family and elder mediation training be improved to embrace online mediation; and 2) How can family and elder mediation training best be offered online, for basic training, advanced training, and ongoing continuing education?
Virtual Interpersonal Community Mediation: NAFCM Think Tank Report
In November 2020, Mediate.com approached D.G. Mawn of the National Association for Community Mediation (NAFCM) to facilitate a national think tank regarding possible support Mediate.com may wish to consider which would strengthen and broaden the impact of community mediation through on-line access. The exact charge was: Develop best-practice recommendations for Mediate.com regarding their online services so they best support the field of community mediation to embrace and offer online mediation services and utilize and benefit from basic and ongoing online mediation training.
A Conversation About Whiteness and Mediation
FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?.”
Peace Is Possible - a haiku
This haiku discusses the power of simple and basic communication.
The Long Term Psychological Effects of Divorce on Children
Growing up is complicated enough on its own. Having parents' divorce can make it even harder. To avoid the psychological effects of divorce on children, parents should go through the process gracefully.
Married Mediators: Audrey Yowell and Carl Schneider
An interview with Carl Schneider and Audrey Yowell about how they integrate their mediation carriers and their marriage. Recorded and shared as part of the Mediation 2020 Conference.
Married Mediators: A.J. and Kiki Grossman
This is an interview with A.J. and KiKi Grossman about how they have developed their mediation carriers and integrated their work with their relationship and home life.