Conflict Systems Section
Conflict Systems Articles
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.
New Interview with Howard Gadlin - The Future of Mediation and Negotiation in Our Culture, Politics and Society
Robert Benjamin interviews Howard Gadlin, long-time leading Ombudsman at UCLA and the National Institute of Health (NIH).
Supreme Court of India - Mediation Training Manual
Mediation has emerged as a fast growing disputes redressal mechanism. The Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to oversee the effective implementation of Mediation and Conciliation in the country.
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.
Dispute System Design for Facebook
This article discusses dispute system design criteria for the kind of institution that Mr. Zuckerberg suggested.
Findings from an Evaluation of Eight Foreclosure Mediation Programs
One great benefit of evaluating eight programs with different approaches to resolving the same cases is that it allowed me to uncover program design factors and other variables that promote program success.
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?
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.
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 - Views from the Eye of the Storm
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 - Views from the Eye of the Storm
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 - Views from the Eye of the Storm
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.