Conflict Systems Section


Conflict Systems Articles


Jacqueline Nolan-Haley

Mixed Mode Dispute Resolution Papers Featured at Fordham Conference

(11/30/21)Jacqueline Nolan-Haley

This panel had many highlights, including FOI Tom Stipanowich, who coined the term mixed-mode and who now refers to it as “lane-changing.”

Bruce Ally

Fundamental Attribution Error as a Contribution in Motor Vehicle Accidents

(11/22/21)Bruce Ally

In our time pressured society in North America, most people feel that they are on a treadmill running as quickly as they can to keep up with the demands placed on them.

Nicole Lance

Moving from Elder Frustration to Family Redemption: Book Review

(11/22/21)Nicole Lance

Provide insight about the developmental phase of elders, for the purpose of closing the communication gap and improving outcomes. Mediators can play a unique role by translating insights about elders’ developmental stage into actionable outcomes for everyone.

Janet Martinez

Mediate.com Great Reads Book Club - Dispute Systems Design with Janet Martinez and Lisa Amsler

(11/09/21)Janet Martinez, Lisa Amsler, Howard Gadlin

Recording of Mediate.com's Great Reads Book Club with Prof. Janet Martinez and Prof. Lisa Amsler talking about their book (written with Stephanie Smith) Dispute Systems Design, hosted by Howard Gadlin.

Mukti Rijal

Double Hatting In Dispute Resolution

(11/05/21)Mukti Rijal

The term ‘double hatting’ does denote the wearing of two hats by a person signifying that the same person who is appointed as mediator is also agreed to perform the role of an arbitrator in case mediation process fails to help settle the dispute in succession.

Peter Adler

How Can We Evolve From Our Unresolved Conflicts?

(10/29/21)Peter Adler

I see many examples of people struggling to get beyond everyday gridlock. Still, in Hawaii, we seem stuck in a stewpot of persistent, unresolved, larger political, economic and cultural conflicts.

N. Damali Peterman

Tips to Navigate Conflict in the World of Social Media

(10/29/21)N. Damali Peterman

An ADR Expert’s View on Finding the Right Approach.

Donald T. Saposnek

Book Review of Evolution of a Field: Personal Histories in Conflict Resolution

(10/21/21)Donald T. Saposnek

This book review of Evolution of a Field: Personal Histories in Conflict Resolution, co-edited by Howard Gadlin and Nancy A. Welsh, presents an overview, with snippets of personal and autobiographical material, of this penetrating collection that comprises the “personal stories” of 23 leading practitioners and scholars in the field of conflict resolution.

Marian Grande

Domestic Violence and Family Mediation

(10/14/21)Marian Grande

Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.

Forrest (Woody) Mosten

Forum Video: Final Report of Mediate.com Task Force on Online Mediation

(9/28/21)Forrest (Woody) Mosten, Clare Fowler, Jim Melamed, Colin Rule

This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force on Online Mediation. This video features Woody Mosten, Colin Rule, Clare Fowler, Jim Melamed, Tara Ollapally, Bruce Edwards, Donna Silverberg, Susan Guthrie, Angelia Tolbert, Michael Aurit, Tricia Jones, Michael Lang and John Sturrock.

Tara Ollapally

Mediation Development in India

(8/13/21)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.

Joy Rosenthal

The Five Divorces

(8/09/21)Joy Rosenthal

Lonnie and Chris got married right out of college.¹ They had a lot of ups and downs, and over time, they grew apart. After 20 years, they decided to divorce.

Lara Traum

Mediation in Russia

(8/09/21)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.  

Donna Silverberg

Effective Online Mediation Training For Public Policy And Large Group Mediators

(8/05/21)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.

Beth Graham

ADR is Not a Household Term

(7/30/21)Beth Graham

This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public.

Kathleen Kauth

Definition of Transparent

(7/12/21)Kathleen Kauth

A successful leader will be able to strategically provide information to staff to help them fill in the blanks about changes occurring in the business world.  

Louis Chang

Live or virtual? Is the Future Here to Stay? Born of necessity. Driven by ease.

(7/06/21)Louis Chang

Many have come to appreciate, even love, the ease, convenience, flexibility, time and cost savings associated with meetings, hearings, mediations, arbitrations and conferences conducted via video conferencing technologies such as Zoom, Teams and others.

Katherine Graham

Stress, Depression, and Heart Attacks: What Poor Management Does to Employee Health

(7/02/21)Katherine Graham

We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.

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?

John Lande

Reconciling Allegedly Alternative Mediation Models by Using DIY Models

(6/18/21)John Lande

I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions.

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.

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.

James Claxton

Mediators Like Online Mediation And Other Verifiable Facts

(6/04/21)James Claxton

This post provides an overview of some findings from an empirical study on online mediation. Nearly 500 mediators from around the world answered questions about advantages, obstacles, best practices, and settlement rates. The post provides an overview and analysis of English-language responses.

Patrick Mahoney

Virtual Hearings and Mediations Are Here to Stay

(5/24/21)Patrick Mahoney

As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer.

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