Conflict Systems Section
Conflict Systems Articles
Justice
As a non-lawyer who teaches in law schools, I have been brought into the “justice” conversation many times. I am asked: How can you be sure your online systems will deliver justice?
Online Dispute Resolution (ODR) for Lawyers
This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
Lessons from the Iroquois
In our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved.
ODR for All: Digital Accessibility and Disability Accommodations in Online Dispute Resolution
The promise of online dispute resolution (ODR) depends on accessibility.
Online Dispute Resolution: the “New Normal”
It may come as a surprise that online dispute resolution has been around for more than twenty years.
Embodied Conflict - Chapter II. The Neural Encoding Function
Embodied Conflict presents the neural encoding function in layman’s terms, outlining seven key characteristics and exploring their implications for communication, relationship, and conflict resolution.
Introduction to Embodied Conflict: the neural roots of conflict and communication
Embodied Conflict presents the neural encoding function in layman’s terms, outlining seven key characteristics and exploring their implications for communication, relationship, and conflict resolution.
The Ghosts of Melos
Intermediaries, honest brokers, and would-be peacemakers have much to learn from warfare. In fact if you want to understand mediation, learn about war.
Social Media-tion: A Bridge for Young Mediators to Enter--and Re-Define--The Profession?
For years, a gap has existed between mediation training of young students and entry into the field as professional mediators.
Interview with Frank Sander
This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Interview with Doug Yarn
This is the complete interview by Robert Benjamin with Doug Yarn, a leading conflict resolution academic, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Dispute Management Plans and ADR
Three myths relevant to Dispute Management Plans (DMPs) exist.
Change Is Coming: Tax Reform Act Punishes Divorcing Couples
The new act aims to prevent this “nefarious” practice, often labeled as a divorce subsidy, by rendering alimony payments as after tax income, beginning with the 2019 tax year.
In Memoriam: Frank E.A. Sander, pioneer in ADR (1927-2018)
Frank E.A. Sander ’52, a longtime Harvard Law School professor and a pioneer in the field of alternative dispute resolution, has died. He was 90.
4 Game-Changing Tips to Build Your Divorce Mediation Practice
Whether you are just opening the doors of your divorce mediation practice, or you have been a professional family mediator for many years, considering these 4 Game Changing Tips with potential clients can be game-changers for developing your more successful mediation practice.
Do Android Mediators Dream of Electric Agreements?
With the new year being still fresh enough that some of us, and hopefully not just me, continue to write 2017 on their checks, the future is at the forefront of many of our minds.
Universities are Underinvesting in Efforts to Improve the Quality of Teaching
Given that universities have only two primary tasks -- teaching and research – they ought to be willing to invest as much in improving the quality of their teaching as they do in providing an elaborate infrastructure to support basic and applied research.
Ethical Principles for Online Dispute Resolution: A GPS Device for the Field
The disruptive force of technology has led to innovative dispute resolution practices that increase access to justice and also raise new ethical considerations.
Interview with Chris Moore
This is the complete interview by Robert Benjamin with mediation pioneer Chris Moore, Founder of CDR Associates in Boulder, CO, and a long time leader in the area of public policy mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
California Mediation Confidentiality Will End, Unless…
Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.
A User's Guide to Joint Fact Finding — "JFF"
Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.
The Conflict Skilled Organization
What is the common denominator in most organizational conflict? The leaders have not spent enough time and energy thinking about culture —that invisible glue that holds organizations together and determines organizational effectiveness.
The Ambivalence of Self-Regulation in ODR
ODR is thought to supplement existing ADR methods to address disputes quickly and adequately using technology and the Internet.
ODR's Role in In-Person Mediation and Other 'Must Know' Takeaways About ODR
This article covers a number of practical aspects of online mediation to broaden the understanding of how ODR can benefit a mediation practice.
Ironically, Bush and Folger are Evaluative
There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."