Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?”
(2/26/21)Maurice Ford, Bruce Ally
Since most employers will be faced with challenges from employees on an ongoing basis it is our intention to explore these ideas and expand on the concepts.
(2/26/21)Julian Granka Ferguson
Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.
F. Peter Phillips, director of New York Law School’s Alternative Dispute Resolution Skills Program, welcomed an online audience earlier this month as part of the program’s long-running lunchtime speaker series for a session with veteran U.K. mediator Eileen Carroll.
Two recent announcements of pilot programs on either side of the Atlantic bring in to sharp focus steps being taken to bust the Backlog of civil cases in two jurisdictions.
This PDF presentation from Mediate.com CEO Colin Rule reviews available Mediate content, resources, and services to help you develop and promote your mediation services.
(2/19/21)Elan E. Weinreb, Chris Fladgate, Nelson Timken
Among many challenging occurrences, the deadly coronavirus pandemic, protest-related violence resulting from deplorable civil rights violations, natural disasters, and all-too-regular political shockwaves— ultimately culminating in unprecedented siege and sorrow at the Capitol—definitively made 2020 humanity’s “year of the lemon.”
In most marriages there is a marital home/the kids' childhood home and it’s often the largest asset--and the largest source of conflict.
Analyzing ADR can be like wrestling an octopus.
(2/12/21)Jharna Jagtiani, Aanchal Gupta
Mediation is traditionally used as a means of dispute resolution where parties can come together, call a timeout and reach a mutually acceptable solution.
Conflicts arise regularly within any team or institution, and there are several options you can use to resolve them.
At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.
The COVID-19 pandemic and a series of government shutdown orders have negatively impacted many contracts and commercial leases, either preventing or slowing performance and upending the expectations of contracting parties.
(2/11/21)Dawn Bedlivy, Kim Faircloth
By the time Lee visited HR to request a mediation, he was frustrated and mad.
Valentine’s Day; the most romantic day of the year. Some love it, some hate it, but you cannot deny that Valentine’s Day is synonymous with love, affection, adoration, chocolates, and flowers.
Electoral democracy has gone through a period of profound conflicts, yet each unique conflict points us toward potential solutions and more collaborative processes.
They say that in real estate the key is “location, location, location.” It could certainly be argued that in mediation the parallel is “Timing, timing, timing.”
(2/05/21)Jim W Hildreth
Mediator Jim Hildreth shares an amusing account of a recent mediation.
Those who have been involved in an accident and chose to pursue their options to recovery through the legal system, often end up at mediation.
As a current mediator who has for years also been litigation counsel representing clients in mediation, I have noticed that there may sometimes be a disconnect between what mediators and litigators each expect from mediation and from each other.
Too commonly I hear the principles of Te Tiriti o Waitangi referred to as partnership, protection and participation.
Setting an example is not the main means of influencing others, it’s the only means, declared Einstein.
Working with egos and emotions is considered an obvious task for a Mediator and this responsibility is heightened when the parties involved are high profile individuals or global brands.
The new book "Evolution of a Field: Personal Histories in Conflict Resolution" is now available. It collects personal histories from 23 experienced mediators, chronicling the paths they took to arrive at their work resolving disputes.
Nina Meierding discusses her training on implicit bias, and what we can do to become "bias aware."
(1/23/21)Jim Melamed, Forrest (Woody) Mosten
Under the leadership of Forrest (Woody) Mosten, Mediate.com's Online Mediation Training Task Force is tackling a huge issue: "How can the mediation field now and in the future best make and maintain quality mediators?
Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms.
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.
Collaboration is an emerging platform for economic success in law.
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In this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding.