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Jim Melamed

Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction

Jim Melamed, Forrest (Woody) Mosten

Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.

Clare Fowler

Paths Forward for Online Mediation - Index of Resources

Clare Fowler, Colin Rule

This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.

Forrest (Woody) Mosten

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

Sneha Vardhani

What Challenges Should the Proposed Mediation Act of India Address?

Sneha Vardhani

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.

Kenneth Cloke

The Limits of Mediation

Kenneth Cloke

It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.

Antoinette Raheem

Negotiation Tactics: How They Work and How to Protect Yourself and Your Client from Them

Antoinette Raheem

Why talk about negotiation tactics, manipulative moves designed to slant an outcome in one side’s favor more than the other, based on “tricks” or gamesmanship versus merit?

Kenneth Cloke

Mediation and the Language and Culture of Politics

Kenneth Cloke

One of the principal difficulties with political conflicts is that, in addition to disagreements over ideas, facts, proposals, beliefs, and values, there are significant differences in the languages we use to describe ourselves, our opponents, and the issues that divide us; as well as in the disparate cultural norms, expectations, myths, assumptions, and ways we attribute meaning to political ideas and assertions.

Patrick Mastronardo

The Civil Rights Act of 1964: The Right to Bilingual Mediation

Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Cinnie Noble

Eating Our Words

Cinnie Noble

Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”

Rebekah Ratliff

[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?

Rebekah Ratliff

In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.

Judith Cohen

ADA Mediation Refresher

Judith Cohen

I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.

Tara Ollapally

Mediation Development in India

Tara Ollapally

India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020.  As part of the reforms to the justice system to better manage the backlog there has been a concerted push to ADR processes.

Michael Lang

Seeing the Future by Knowing the Past

Michael Lang

As we gradually emerge from the dark cloud of the pandemic, conversations among mediators have shifted and we are now wondering whether we want to return to in person mediation, whether we will try a hybrid approach or whether we will continue to virtual mediation.

Melissa Kucinski

Multi-Jurisdictional Issues in Online Mediation

Melissa Kucinski

With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictional implications.

Tricia Jones

Experiential Online Mediation Training: Clinics, Simulations and Video Feedback

Tricia Jones

This report focuses on questions and issues considered by the Committee on Experiential Online Mediation Training: Clinics, Simulations, and Video Feedback, as part of Mediate.com's Online Mediation Training Task Force. This complete committee report highlights valuable resources and committee recommendations for moving forward. 

Julie Macfarlane

Why Mediators Need to Stop and Think Hard about Facilitating NDAs in Settlement Agreements

Julie Macfarlane

. . . An agreement seems to be emerging, to the relief of the plaintiff whose human rights complaint against the defendant employer has been dragging on for months. . .

Lara Traum

Mediation in Russia

Lara Traum

While a population that distrusts organized government and veers towards private handlings of delicate matters might seem perfectly primed to welcome mediation into its dispute resolution culture, Russian intelligencia first brought mediation to the forefront of legislative consideration in the 21st century, with legislation authorizing the use of mediation in Russia only being passed in 2011.  

Susan Guthrie

Online Mediation Training Task Force Marketing Committee Report

Susan Guthrie

The Online Mediation Marketing Committee considered the following issues: 1) What resources, resource center(s) and organizational support will best support the elevation, acceptance and use of online mediation training and online mediation services; 2) How can mediation providers and policy organizations best support the expansion of online mediation providers; 3) How can mediators and other professionals best support the expansion of online mediation; and 4) What are the best new opportunities for expanding the application of mediation and online mediation services?

Donna Silverberg

Effective Online Mediation Training For Public Policy And Large Group Mediators

Donna Silverberg

At the request of Mediate.com, a small group of US-based public policy and large group mediators/mediation trainers met online during the winter/spring of 2021 to consider best practices and ideas to enhance online training and practice. This report summarizes our ideas and recommendations for ourselves, our colleagues and Mediate.com.

Susan Guthrie

Online Mediation Training Task Force Family / Elder Committee Report

Susan Guthrie

The Family and Elder Committee was initially tasked with Considering the Following Questions: 1) How can family and elder mediation training be improved to embrace online mediation; and 2) How can family and elder mediation training best be offered online, for basic training, advanced training, and ongoing continuing education?

Jen Reynolds

A Conversation About Whiteness and Mediation

Jen Reynolds

FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?.”

Natalie Maximets

The Long Term Psychological Effects of Divorce on Children

Natalie Maximets

Growing up is complicated enough on its own. Having parents' divorce can make it even harder. To avoid the psychological effects of divorce on children, parents should go through the process gracefully.

Janet Chance

Who Should You Call When in Conflict?

Janet Chance

Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?

John Peterson

How to Avoid a Rough Argument

John Peterson

When you’re arguing, the worst thing that you can do is expect one person to come out of the argument victorious.

Terri Breer

Say That Again – Six Ways to Harness the Power of Your Words in Mediation

Terri Breer

When you encourage and compliment your clients, you will discover the power of your words in the mediation process.

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