(5/29/20)Alberto Elisavetsky, Maria Victoria Marun
Those of us who have been working for many years, not only in the academic field, but also in a practical way in On Line Dispute Resolution (ODR), that we call on line or electronic, feel that in these times "the future is here ”
Facilitation can be transformative. It permits employers and employees to engage in authentic dialogue and reach collective decisions aligned with their core values.
This is an unknown and challenging time for everyone, as there are so many changes. For those who are co-parenting in separate households, it can be even more difficult to try to navigate these times.
Mediation is a young, exciting, and expanding field of practice.
Whilst the construction industry worldwide is plagued by disputes, construction disputes in the Middle East have two distinct characteristics.
What can be learnt from mediation practices, towards handling the Corona challenges?
With the COVID-19 pandemic and everybody home, Internet becomes the highway of contact with the world. And, in mediation, mass transmigration to ODR.
In this outstanding collection of essays, there are tips for managing disagreements, guidelines for handling children’s needs, information about finances, and even a recipe for Quarantine Cookies.
(5/17/20)Celeida Maria Celentano Laporta
A new order of social coexistence, consumption, work, family model, resulting from a revolution caused by the invisible enemy COVID-19.
During this challenging time, many separated spouses are experiencing unexpected confusion and conflict around the Stimulus Check, which was intended to provide financial relief, as authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
(5/08/20)Anju D. Jessani
Courts look to prior events or precedents in establishing policy, and also in measuring reasonableness, when parties are in a dispute.
(5/08/20)Sandhya Swaminathan, Kartikeya Singh
Dispute resolution mechanisms in India on the other hand, have not kept up with time and technology.
This was conflict resolution blasphemy.
As I look out of the window of my home office and take in the stillness of a complete lockdown that has been imposed in the wake of COVID-19, I am struck by the sense of balance that exists amidst the chaos and panic that also overwhelms me.
The "digitization of mediation," now on steroids with the Covid-19 pandemic, has resulted in dramatic changes and new opportunities for mediators and the mediation field. A part of this includes new meanings for old words.
This article explains the importance of active listening at mediation. It uses five points to illustrate what can be achieved when both the mediator and the parties actively listen to each other.
The age demographics of consumers of mediation services and mediators themselves will likely drive the adoption of technology to assist in the delivery of mediation services in the very near future.
(4/29/20)Forrest (Woody) Mosten
As their own practices slow down, some mediators are volunteering to offer free consultations and negotiation sessions to try and find solutions and some emotional comfort for people who are riddled with anxiety and a lack of knowledge.
“I have heard of your paintings too, well enough; God has
given you one face, and you make yourself another.”
Think "I Can" like it's your first day on the job, everyday.
(4/21/20)Peter Adler, Kem Lowry
Unexpected belt-tightening is unpleasant. It unravels expectations and invokes fear. The more severe the shock, the more severe the manifestations can be. If you are a leader, you are also suddenly thrust into “crisis management” mode, which raises questions. What is your strategy?
Some say mediation is “The insertion of a human buffer between people who need assistance to interact with each other.”
“You wouldn’t negotiate with Hitler, would you?”
It is hard to imagine for many, especially for the baby boomer generation, what a digital court is, because most of us are unfamiliar and resistant to the digital world of the 4th Industrial Revolution.
The COVID-19 pandemic has brought to the fore what most people in emerging economies particularly in some countries in sub-Africa have never really given a thought to - working from home.
This article is an opinion piece by one reader and examines if our world leaders responded to the COVID-19 crisis with empathy.
Crisis breeds conflict. The stress of economic uncertainty and dislocation caused by CV-19 are only outpaced by the anxiety many feel for the safety of their loved ones.
The text of that article follows with my update to help readers understand what I previously recommended and what could be recommended going forward.
This article examines the Singapore Convention: An opportunity to make mediation the default response.
We still need to face the climate change problem in the future and, in any event, it is very likely that we will need to adapt our working practices in many of the ways suggested in the draft Pledge described below to accommodate the next several months of working in relative isolation.
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The last family mediation I did got me thinking more specifically and carefully about the principle of ‘consent’ in mediation.