Negotiation Section


Negotiation Articles


Lydia Ray

Battling Burnout: Mental Health and Self-Care in Mediation

(6/27/21)Lydia Ray, Jonathan Rodrigues

Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?

Deborah Heller

Co-Mediation in A Volunteer Co-Mediation Process. Some Simple Ideas

(6/27/21)Deborah Heller

The article suggests that there is little formal training for mediators, especially volunteer mediators who may co mediate with many different partners to work effectively together, and makes some simple and concrete suggestions for ways to remedy this.

Eric R. Galton

The Remarkable (And Often Very Surprising) Benefits of Virtual Mediation

(6/25/21)Eric R. Galton

A funny thing happened on April 1, 2020. After over 30 years and 7,500 cases as an in person, high-touch mediator, I grudgingly became, out of necessity born by COVID-19, a virtual, online mediator.

Lorraine Segal

How Bystanders Can Stop Gossip

(6/25/21)Lorraine Segal

Bystanders can stand up and stop workplace gossip.

Kathleen Kauth

Conflict in the Helping Professions

(6/25/21)Kathleen Kauth

There is often an assumption that someone who works in a helping profession such as healthcare, senior living, social worker, schools etc. are kind and generous people who completely live up to the mission and values that the organization promotes.

Ross Feinberg

Settlement Verification in the Virtual World

(6/25/21)Ross Feinberg

My goal has always been to provide each and every mediation participant with the most satisfying experience possible.

Mark Smalls

[Podcast] Being Bold: Broadening the ADR Diversity and Inclusion Landscape

(6/25/21)Mark Smalls

A podcast produced by the American Bar Association features JAMS Senior Vice President & Chief Marketing Officer Mark Smalls on diversity, equity and inclusion (DEI) in alternative dispute resolution (ADR).

Henneke Brink

Mediation Ethics - an interview with Ellen Waldman

(6/18/21)Henneke Brink

It has been exactly ten years since Ellen Waldman’s masterpiece ‘Mediation Ethics’ was first published. It was aptly described as ‘a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making.’

Jen Schimbeno

Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce

(6/18/21)Jen Schimbeno, Brandyn Roark Caires

The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.

Heather Kennedy

5 Ways Conflict Resolution Practitioners Can Prevent and Resolve Special Education Conflict During the Pandemic

(6/16/21)Heather Kennedy

The current pandemic has created a crucial need for those experienced in conflict resolution practices to prevent and resolve conflict in the education of students with disabilities. Public agencies, schools, and families should utilize those trained in conflict resolution, including mediators, negotiators, and advocates, to combat this crisis and lessen adverse outcomes for those involved.

Keshia Osbourne

Validating Medical Claims: do you get true value for your contributions?

(6/16/21)Keshia Osbourne, Bruce Ally

Anyone who’s employment situation offers them extended health is often under the mistaken notion that their policy will be triggered should a medical need arise.

John Lande

Proposal for Standard Explanation in Mediation

(6/11/21)John Lande

Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion.

Katherine Graham

Can We Learn to Have More Empathy?

(6/11/21)Katherine Graham

Thursday (10 June) was Empathy Day. Schools up and down the UK are running activities around what empathy is, why we need to be able to listen and understand each other’s experience and perspective.

Dan Simon

Face and Mediation

(6/11/21)Dan Simon

We’ve all heard the phrases “saving face” or “losing face.” How does the concept of FACE play a role in conflict?

Nancy Shuger

A Lot of Common Sense and a Little Mazel Can Go a Long Way

(6/11/21)Nancy Shuger

This article illustrates how a combination of common sense and good luck can produce a positive outcome in mediation.

Kathleen Kauth

Being Offended is a Choice

(6/11/21)Kathleen Kauth

Taking offense at even minor things is a phenomenon that has been growing steadily over the last several decades.

Mohamad Radwan Al Omar

Global Voices Highlight: A Path to Mediation in the Middle East

(6/11/21)Mohamad Radwan Al Omar

Most of the old generations in the Middle East witnessed arranged marriages, which escalated into disputes and conflicts afterwards due to the lack of love. This is why I spent most of my childhood mediating between family members, friends, and neighbors so they can solve their issues, and reach collaborative solutions, without knowing that this can be a profession one day.

Rafeena Bacchus

Mediation and the Four Agreements

(6/11/21)Rafeena Bacchus

The Four Agreements is based on ancient Toltec wisdom which is said to embody the essential unity of truth and described as a way of life. I believe that if we adopt these Four Agreements they will create enough personal power to change the way we mediate and resolve conflict, leading to better and more satisfying settlements.

Clare Fowler

Changing Standards

(6/08/21)Clare Fowler

Mediate.com has been around for over 25 years! During this time we have published thousands of articles, and watched the mediation field grow in numerous unforeseen ways. We have also seen certain mediation standards change and improve.

Decline of Dialogue? Galton, Love, and Weiss on Joint Sessions, Caucuses, and the State of Mediation

(6/04/21)Eric R. Galton, Lela Love, Jerome F. Weiss

If the point of mediation is to get parties together to discuss and thereby resolve their problems, why is the distinct trend to keep the parties apart?

Phyllis Pollack

“Noise” is not Bias!

(6/04/21)Phyllis Pollack

I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.

Richard Lutringer

A Mediator’s Take on: Thinking in Bets, by Annie Duke

(6/04/21)Richard Lutringer

I recently came across a 2019 book about poker that has given me new insights into how I can help parties make good decisions in mediation

Maria Apostolidou

Diversity at the Mediation Table – How Do We Get There?

(6/04/21)Maria Apostolidou, Melanie Koch

What do you think? Should there be quotas for training courses, universities, or even mediation sessions?

David Brown

A Mediator’s Guide to Claims Reserves in the Insurance Industry

(6/04/21)David Brown

Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.

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