This Week in Mediation

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This Week in Mediation #841

August 5, 2020 - OUR 25TH YEAR!
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In This Issue:'s 25th Anniversary "Mediation 20/20" Online Conference • Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution • Housing, Transforming Community in Times of COVID-19 • The Dead End of Confrontation Can Be Overcome • Conflict Coaching: Seven Essential Questions • Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Antarctica • Mediation News • Job Postings • Events Calendar • Blogs's 25th Anniversary "Mediation 20/20" Online Conference
"Mediation 20/20: Navigating Mediation's Best Future" is the theme of's 25th Anniversary Online Conference taking place September 30 to October 2, 2020. This conference is both a focused think-tank conference dedicated to defining the best courses for mediation's continued growth and a celebration of's first 25 years. See:
Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution
This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.
Housing, Transforming Community in Times of COVID-19
by Roger Moss, Carole Conn
Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19
Mediating Online: Family & Divorce Training - September 14-25
This Mediating Online training is for experienced family mediators interested in most capably extending your practices online.  Presenters: Jim Melamed, Clare Fowler, Michael Aurit and Colin Rule. Two-hour live course modules are presented each weekday from noon - 2 pm Eastern; 9 am - 11 am Pacific. If you miss a live session, that recording is available the next morning. This course qualifies as the core 20-hour online mediation course required for Online Family Mediator Certification. 20 CLE/CEU hour credits, including 2 hours Ethics and 1 hour domestic violence training. Full information is here.
The Dead End of Confrontation Can Be Overcome
by Michael Toebe
I read an article about Why Do We Become Confrontational and it intrigued me to the point it acted as a catalyst to reach out to the author to request an interview. They accepted.
Conflict Coaching: Seven Essential Questions
by Andrew Kitchenham
This article presents Bungay Stanier’s seven essential questions to focus on in a conflict coaching situation.
NEW: Become A Featured Online Mediator at!
This is the perfect time to become a Featured Online Mediator at  With your Featured Online Mediator Placement, your name and practice information are displayed at the top of every page of for every visitor from your area code(s)!  Positioning is awarded on a first come, first served basis.  Full information is here:
Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Antarctica
by Gregg Relyea
In this time of plague, there is a renewed sense of the value of connection and cooperation.
Mediation Skills Training from Northwestern University
Develop the expertise needed to successfully resolve disputes in Northwestern’s Mediation Skills Training course, now offered entirely online. Legal professionals as well as career changers can build skills for the fields of dispute resolution, arbitration, and mediation.  

  • Develop an understanding of the mediation process and build the skills needed to help parties with conflicting interests reach resolution. 
  • Work with instructors who are experienced conflict mediation professionals.
  • Learn about ethics in the field, opportunities in commercial mediation and arbitration, and how to start building a mediation practice.
  • Complete the program entirely online, August 10–27.  Register today's Top 101 Videos From First 25 Years
These Top 101 videos have been selected by's editorial staff as representative of innovative thinking from leaders in the field of mediation, and recounting's development, over 25 years. You can review all 101 Top Videos, and register for's 25th Anniversary Conference, here.

  • Concerns and Optimism for Future
    Frank Sander reflects on his concerns within the field, which include the tension of quality vs. quantity of the practice, the lack of studies of cost effectiveness, disappointments with the court system fees, and the difficulty of getting more young people/apprentices into the field. However, he's optimistic about the future of mediation.
  • Value-Based Mediation
    Carrie Menkel-Meadow talks about her early experiences with Gary Friedman and their efforts to bring humanistic psychology to law. The value-based mediation process still informs her practice.
  • Concerns: Credentialing and Bridging Gaps between Mediators of Color with Other Mediators
    Homer LaRue discusses his concerns of mediators not getting into the field because of the credentialing process, specifically persons of color not getting into the field, and bridging the gap between mediators of color and the "high-volume, high-quality case users".


Read All Featured Blogs 
CASELOAD MANAGER: #1 Case Management Platform for Mediation, Ombuds & ODR
Caseload Manager is the proven secure cloud-based case management system for Mediation, Ombuds and ODR programs and practices. Caseload Manager is used by over 170 mediation, ombuds and ODR programs, including 5 statewide systems, NASA, the International Monetary Fund (IMF), the International Red Cross, and ICANN!  See our Representative Clients and arrange for a personal tour of Caseload Manager today!

  • U.S. judge denies claims Uber won price-fixing suit because arbitrator was scared
    A U.S. judge denied a request by an Uber customer to overturn an arbitration win for the company in a price-fixing case over claims the arbitrator only ruled in Uber’s favor because he was scared.
  • Mediation a possibility in Columbus statue dispute in Pueblo
    The city of Pueblo is exploring setting up mediation sessions between the two sides in the ongoing Columbus statue saga here in hopes of a compromise being reached that both parties are satisfied with.
  • VIEW: Online mediation for commercial disputes has huge potential for practitioners
    Online mediation has obvious advantages, other than protecting oneself from the virus. The participants have the option of scheduling a conference at odd hours if convenient to all. It is relatively easier to ensure the attendance of persons because the need for commuting and travel is obviated. The participants can attend the conference in comfort from just anywhere.
  • The New COVID-19 Wrinkle: In-Person Mediation Sparks Concerns
    It's a case that highlights the plethora of new predicaments that COVID-19 puts judges, litigators and clients in as they try to navigate a new normal.
  • Arguments between couples: Our neurons like mediation
    When couples argue, mediation improves the outcome of the confrontation. But that's not all: mediation is also linked to heightened activity in key regions of the brain belonging to the reward circuit. This is the first time that a controlled, randomized study has succeeded in demonstrating the advantages of mediation for couple conflicts and identifying a related biological signature.
  • Supervisor: Federal relief, mediation needed to avoid large scale evictions in Santa Clara County
    'Things are going to get a lot worse in the next 60 to 90 days,' Dave Cortese says
  • Rhode Island Tries Pairing Mediation And Cash To Head Off Evictions
    The Safe Harbor program started last month and is designed to head off evictions through mediation and rental assistance before court cases render tenants homeless. Funding comes from federal coronavirus relief.
  • Back To The Future - Where Does Mediation Go From Here?
    We all want to get past our present state of affairs and back to a future where coronavirus doesn't impact our day-to-day existence. What will Mediation look like when that day arrives? Will there be in-person Mediations? Will there be virtual Mediations utilizing videoconferencing? Will there be Mediation sessions employing both in-person and remote participation simultaneously?
  • Climate Change Disputes Take Center Stage at Paris Arbitration Week
    There is increasing awareness about the interconnected nature of climate-related issues such as biodiversity loss, health, human rights, security and inequality. Indeed, climate change disputes are on the rise, and the International Bar Association (the “IBA”), in its 2014 report (Achieving Justice and Human Rights in an Era of Climate Disruption), called for the immediate creation of an international ad hoc arbitral body specifically for environmental litigation and the eventual establishment of an International Court for the Environment.
JOBS (for Premium Members) Post New Job Listings

  • Senior Investigator - Toronto
  • Fare Inspector & Special Constable Complaints Office - Toronto
  • Investigator - Toronto
  • ADR Case Manager - Clayton County
  • Mediation Coordinator - OR
  • Fellows Program - NY
Read All Jobs

  • August 7-14 - ONLINE CA - A Two-Part Virtual Anti-Bias Mini Training
  • August 7-21 - ONLINE - Zoom - Essentials of Stepfamily Coaching - August 7, 14 & 21
  • August 13 - Salem VA - Become a Better Listener: Understanding, Trust, and Connection through Deep Listening
  • August 14 - ONLINE CA - Civility and Culture in the Public Sphere
  • August 18-29 - ONLINE FL - Florida Supreme Court Certified Family Mediation Training
  • August 18-21 - Fairfax VA - Mediation Skills and Process
  • August 21 - Online CA - Apology, Forgiveness and Reconciliation
  • August 27-November 12 - ONLINE CA - Conflict Management Certificate Program (Professional Development)
  • August 27 - ONLINE - Managing Difficult Conversations: How to Make them Less Difficult
  • August 28 - ONLINE TX - Arbitration Training ONLINE with ZOOM: live and interactive
  • September 8-18 - ONLINE FL - Florida Supreme Court Certified Circuit Civil Mediation Training Program
  • September 8-17 - ONLINE - Mosten/Guthrie 40 Hour Family & Divorce Mediation Training
  • September 10-15 - ONLINE TX - Basic Mediation Training ZOOM LIVE and INTERACTIVE
  • September 14-22 - ONLINE - International Family Mediation Training
  • September 14-18 - Macon GA - Civil Mediation Training & Practicum
  • September 15-18 - Dallas TX - Basic Mediation Training (40 Hours)
  • September 16 - San Francisco CA - Mediation Practitioner Training Series: Increasing Effective Communication
  • September 16 - ONLINE - Your Brain on Conflict!
  • September 18-19 - ONLINE TX - Parenting Coordination and Facilitation Training
  • October 1-4 - San Francisco CA - The Basics of Mediation

Editors: Jim Melamed and Clare Fowler. We welcome comments and feedback. Send your comments to  We encourage you to write an article for This Week in Mediation.

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