Gregg Relyea, Roy Cheng
This article examines the challenges experienced by lawyers who are training to become mediators. Many of these challenges stem from deeply ingrained perspectives associated with legal training and experience.
There is no magic pill but there is a prescription to change behavior in others. It takes time and patience to cure such negative characteristics, and it doesn’t help to ignore the problem behavior or respond likewise or criticize rather than cure or just brand someone as a problem and be the psychiatrist to their craziness. We can work to prevent unproductive and negative behavior that leads to conflict.
Many mediators have been trained solely in a Western-style model of mediation with Western-style tools in their “toolboxes.” Even the theoretical constructs of ADR often reflect a Western model that is not always respectful of culturally diverse concepts.
Stephen A. Hochman
A mediator’s proposal is a settlement proposal that the mediator makes to all parties, and each party is requested to accept or reject it, on the exact terms proposed, in a confidential communication to the mediator. This article examines the ramifications of a mediator's proposal and when it should be used.
Kathleen O'Connell Corcoran
A well-known psychologist offers suggestions for what parents can
do to support their children's comfort and adjustment to the many
realities of divorce.
For more than a decade, Colorado has worked to provide access to justice (ATJ) for its indigent and modest means citizenry. Despite efforts by the bar and the courts, the state continues to struggle in its pursuit. What has been so often overlooked, however, is how mediation provides the courts and litigants an affordable, efficient option to resolving many disputes.
I find myself regularly asked “what do I need to do to become a mediator?” While I do not pretend to have all of the answers, here are some suggestions for beginning your journey.
You're getting divorced and you're angry, resentful, hurt, vindictive or any combination of other painful emotions. Hiring the most aggressive litigious divorce lawyer you can find seems like your smartest choice. If you're a divorcing parent who is thinking along those lines, you're making a choice you may long regret.
Perspective-taking can be defined as viewing the world from outside ourselves. With this definition, perspective-taking can be used not only to resolve conflicts with others, but also in decision-making and problem solving. Unfortunately, while we all have the capacity for perspective-taking, some people choose to utilize uni-directional thinking.
Most of us learn in school how to write with our analytic note, and then spend a lifetime polishing this note at work. We learn about transition lines. Transitions provide logical links between ideas. But language contains both rational and emotional content. To explore the range of our voice, we can notice transformation lines. Transformation lines connect emotional states.
Online mediation is becoming increasingly popular. Giuseppe Leone is hoping to build on this popularity by using Skype to give mediators practice at testing their dispute resolution skills. Mr. Leone also points out that viewing a mediation role play can alleviate some clients' fears of the unknown.
Rosa Perez Martell, Aura Esther Vilalta
This article gives an overview of new mediation legislature in Spain. It then provides well-worded and well-conceived definitions of Confidentiality, Good Faith, Swiftness, Affordability, and Free Will.
Diana Mercer, James Michael Davis
This article is an excerpt from Diane Mercer's book "8 Simple Keys to Building and Growing a Successful Mediation or Arbitration Practice." This book is designed to help you develop a good marketing plan to get your mediation or arbitration practice off the ground.
Jessica A. Stepp
This article provides an overview of the mediation process.
Kathleen O'Connell Corcoran
This article summarizes many of the common psychological and emotional effects divorce has on men, women and children. The divorce rate in the United States is the highest in the world. Over fifty percent of marriages end in divorce. Welcome to the majority.
All families experience additional stress during celebrations and holidays, but divorced families can be pushed to the limit. We are headed into a time when everyone is expected to be happy and full of good cheer, and maybe your heart is in shreds, the kids are fighting, and you are flat broke. 10 Ways for Divorcing Families to Enjoy the Holidays offers suggestions on how to agree on a schedule; simplify celebrations; keep conflict to a minimum; plan for alone time and incorporate new traditions.
Lets assume that you and your wife have decided to buy a new car (or you are contemplating an important decision at work). You have narrowed the choice down to two SUV models. You like the German model. She prefers the Japanese one. You consult everybody, you read articles and websites, you think about the two toddlers at home and you even go for a few test-drives with both. Finally you agree on the German model. What are your chances for having made the correct decision?
Tim Hedeen, Ron Kelly
For the past eight years, Ron Kelly has offered mediation services at the
annual Burning Man festival. The process he designed appears to bring
significant help to disputing couples in half an hour, and useful conflict
coaching to individuals in fifteen minutes. It is tightly formatted—and
uses a kitchen timer. This interview covers the origins of his process
and explores how the creativity and generosity of the festival are available
to all mediators.
The author sets out principles for establishing effective interpersonal communication in relationships and organizations.
Jeffrey Krivis, Brian Breiter
Picture a group of 30 trial lawyers in an almost empty room, loudly chanting, “Big Booty, Big Booty, Big Booty!” Now imagine a pair of them trying to have a conversation without using the letter “S.” How about two of them vying for the attention of a third by, at turns, singing, crying, jumping up and down, waving their arms, and even whispering? Why on earth would a group of highly skilled and experienced attorneys engage in such seemingly childish behavior? The answer is simple and surprising: they did it to vault their practices to the next level; to recognize and rethink old habits; to break through barriers they may not have even known they had; and ultimately to achieve more success.
Michael Lang talks about his concern with how the certification process is lacking in the ability to assess - in the moment and continuously -whether someone is capable and effective in mediating.
Jason A. Waxman
Within the broad framework of mediation, there exists an expansive spectrum of styles. A particular approach or style of mediation may, therefore, be more appropriate depending on the circumstances. There are also, however, numerous similarities among the range of methodologies. The purpose of this paper is to compare and contrast the specific approaches of transformative, insight and narrative mediation. Although these three methods differ in their approaches and applications, they are fundamental to the discipline of mediation as a whole, and contribute to both the improvement of communication and relationships, as well as to the possibility of mutually beneficial settlements.
Brothers and sisters, mediators and facilitators, consensus-builders and collaboration gurus: let us gather down by the river. We have much to discuss, not the least of which is that the end of mediation is upon us.
Lee Jay Berman
Most mediations begin with the mediator's opening statement, much to the consternation of the lawyers (many of whom have heard them many times before) and their parties. Although most lawyers prefer to launch right into their opening statements in a mediation, the mediator's speech can be very helpful.
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For four days in March, some 20 professionals, a majority of them experienced mediators, but also including a doctor, a few lawyers, professors and others professionally engaged in conflict management, problem solving and decision making, gathered at Duke University for an immersion course in cognitive neuroscience. This is the kind of emerging research stuff that practicing professionals should be aware of, but all too often are not. Presented by the newly formed Master Mediator Institute, founded by Robert Creo and Monique McKay, in conjunction with Duke University faculty, and led by the Co-Directors of the Center for Neuroeconomic Studies.