New at Mediate.com
Opening Offers in Negotiation
Whether negotiating in a mediation or directly with an opposing party, everyone has to start somewhere—so where should you start a negotiation?
Mediate.com Great Reads Book Club - Jean Sternlight & Jennifer Robbennolt, with John Lande
An additional episode of Mediate.com's Great Reads Book Club with Prof. Jean R. Sternlight and Prof. Jennifer K. Robbennolt discussing their book "Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making" interviewed by Prof. John Lande.
Personal Histories in Conflict Resolution Interview Series: Jacqueline N. Font-Guzmán
From the Mediate.com interview series -- a conversation with Jacqueline N. Font-Guzmán about her chapter in the book "Evolution of a Field: Personal Histories in Conflict Resolution."
Fundamental Attribution Error as a Contribution in Motor Vehicle Accidents
In our time pressured society in North America, most people feel that they are on a treadmill running as quickly as they can to keep up with the demands placed on them.
Using Questions for Enlightenment
It has frequently been said that negotiation is not an act of war, but a journey of discovery.
Shovel 6 - The Real Role Play
There is an old proverb, “The gem cannot be polished without friction, nor man perfected without trial.” Who knows who authored it, what is important is this quote applies to the traditional mediation effort.
Mediator Mugs Breaking Out!
Progress in the mediation field is often a bit abstract, if not illusory. Related, humor in mediation has historically often been frowned upon as risky, if not insensitive. These spells have, however, now seemingly been broken by, of all things, readily available mediator mugs!
Personal Histories in Conflict Resolution Interview Series: Andrea Schneider
From the Mediate.com interview series -- a conversation with Andrea Schneider about her chapter in the book Evolution of a Field: Personal Histories in Conflict Resolution.
Mediate.com Great Reads Book Club - Embodied Conflict: The Neural Basis of Conflict and Communication
This is an additional episode of Mediate.com's Great Reads Book Club with Tim Hicks talking about his book "Embodied Conflict: The Neural Basis of Conflict and Communication." This interview is hosted by Bernie Mayer.
Mediating Divisive Topics
In recent years, the divisions in this country have become increasingly polarized. People’s opinions have become more and more extreme to the point where we don’t tolerate anyone with different opinions from ours.
Mediation in Art Law: A New Era with the CAfA?
This article examines the new process for Mediation before the Court of Arbitration for Art (CAfA).
Personal Histories in Conflict Resolution Interview Series: Peter Adler
From the Mediate.com interview series -- a conversation with Peter Adler about his chapter in the book Evolution of a Field: Personal Histories in Conflict Resolution.
Mediate.com Great Reads Book Club - Dispute Systems Design with Janet Martinez and Lisa Amsler
Recording of Mediate.com's Great Reads Book Club with Prof. Janet Martinez and Prof. Lisa Amsler talking about their book (written with Stephanie Smith) Dispute Systems Design, hosted by Howard Gadlin.
What Makes Someone Ask for a Divorce
“What makes someone leave one partner for another? Or what forces someone to ask about divorce?” These are the most common questions asked on different divorce blogs and forums.
Social Security Benefits and Divorce
Social Security benefit rules are complex and confusing, and even more so when you get a divorce.
Double Hatting In Dispute Resolution
The term ‘double hatting’ does denote the wearing of two hats by a person signifying that the same person who is appointed as mediator is also agreed to perform the role of an arbitrator in case mediation process fails to help settle the dispute in succession.
ODR Ethics Case Study 1: Confidentiality v Self-Determination
At the moment, practitioners have relied on traditional ADR standards and guidance to consider the ethical concerns involved with using ODR, even though they are less than ideal when applied to technology.
The Future of Business So Conflict Doesn’t Disrupt It
There is no return to the “old normal;” firms have to adapt to an increasingly uncertain future.
Mandatory Mediation in India - A Step Forward?
“I think the time is ripe to devise a comprehensive legislation which contains compulsory pre-litigation mediation and a remedy for the biggest drawback in a mediation agreement."
Mediation: The Human Face of Conflict
The therapeutic value of a private one-on-one session means that participants are more likely to confide in the mediator.
How Can We Evolve From Our Unresolved Conflicts?
I see many examples of people struggling to get beyond everyday gridlock. Still, in Hawaii, we seem stuck in a stewpot of persistent, unresolved, larger political, economic and cultural conflicts.
“What Should I Wear?” - Making Choices and Online Dispute Resolution To The Rescue
Steve Jobs famously wore the same black turtleneck, blue jeans and New Balance sneakers every day. Do you know why?
Book Review of Evolution of a Field: Personal Histories in Conflict Resolution
This book review of Evolution of a Field: Personal Histories in Conflict Resolution, co-edited by Howard Gadlin and Nancy A. Welsh, presents an overview, with snippets of personal and autobiographical material, of this penetrating collection that comprises the “personal stories” of 23 leading practitioners and scholars in the field of conflict resolution.
Top 5 Co-parenting Apps for Mediation
A good co-parenting app helps parents feel focused and organized heading into mediation. Here are the best co-parenting apps so you can choose the right one for your family.
“Double Hatting” under Med-Arb: A Comparative Analysis
Over the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community.
The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?
I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways.
Domestic Violence and Family Mediation
Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.
Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland
The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.
Mediation and the Evolution of Democracy: Inventing Interest-Based Responses to Lying, Demagoguery, and Fascism
Nearly 2500 years ago, Plato warned that “Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty.” Why should this be the case?
Transcendent
I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?
Mediation and Business Crisis in Italy, 2021. Where's the training?
On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.