This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.
(10/16/20)Gary Birnberg, Ranse Howell
This article discusses new opportunities for cross-border mediation, collaboration and dialogue.
In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.
(10/09/20)Ved Thakur, Yash More
Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.
Fight, Flight, Freeze—that what neurobiologists say are our ancestral (and current) unconscious response choices in a threatening or conflict situation.
This paper summarizes legal and ethical reasons for accessible meditations and provides a summary of how to accomplish this goal.
(10/09/20)Alnoor Maherali, Ehsan Ali
To come together, sometimes we need time apart.
As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.
(10/02/20)Ronald S. Kraybill
What can a facilitator do with an extremely persistent person, who refuses to stop interrupting others in mediating or facilitating?
(10/01/20)Colin Rule, Clare Fowler, Sharon Woodhouse
Mediate.com asked 300 dispute resolution professionals 7 questions about the field. Initial results are here.
(9/30/20)Ronald S. Kraybill
The problem we saw in the recent residential debate is familiar to any mediator: How do you keep angry people from interrupting each other?
It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.
This article discusses how mediation can help business, an inspiring example from The Middle East.
(9/25/20)Lucia Kanter St. Amour
Secrets in Plain Sight
A blanket “no settlement” policy may not be in the best interests of the company’s bottom line. There are three instances where companies should put aside their instinct to litigate and explore mediation.
This document will analyze a conflict scenario with respect to the conflict’s candidacy (suitability) for mediation.
Is mandatory mediation training in India too late?
Pitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing.
Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.
Mediator fit is really important.
Many people assume that the only way to resolve a family law matter is to retain counsel and commence a Court action. This is a wrong assumption.
Numerous federal and state laws prohibit gender discrimination and harassment in the workplace.
Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender.
Before couples decide the best course of action when separating, it is helpful to know the essential steps of the mediation process.
Pain is a mixed blessing in mediation.
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As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves
were sold, and street names that bear the scars of slavery.