Conflict Systems Section
Conflict Systems Articles
Online Dispute Resolution: A Primer
Online Dispute Resolution (ODR) is not a new concept and has received significant scholarly attention.
The GPC North America Report
The International Mediation Institute is delighted to present the GPC North America Report—a comparative analysis and recommendations based on open text questions asked at GPC events in the USA and Canada.
The Business of Disputes in Sports: A Chinese Perspective
As part of a broader commitment to expand JAMS’ global footprint, the JAMS International Operations group recently organized an event in Beijing, China.
Comparing Mediation And Lok Adalat: Toward An Integrated Approach To Dispute Resolution In India
To resolve litigated disputes, Indian courts are using a variety of modern methods, including mediation, and traditional methods, including Lok Adalat, on a broad scale. Lok Adalat (the "people's court") is derived from the ancient panchayat system of justice, where panchas, village elders, helped people resolve their disputes.
Pouring a Little Psychological Cold Water on ODR
In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).
Mediation’s New Clothes
This paper discusses pivotal elements of the 21st Century identity crisis within and about the American mediation industry.
Revolutionizing Mediation through Technology
In recent years, as the world has migrated toward a reliance on social networks, the internet of things, and digital transactions, disputes have grown exponentially in terms of number and complexity.
Mediating Custody in Highly Contested Divorce Cases
Child custody is often the most contentious aspect of divorce proceedings.
New Interview with Peter Salem - The Future of Mediation and Negotiation in Our Culture, Politics and Society
This is a new interview of Peter Salem, long-time Executive Director of the Association of Family and Conciliation Courts (AFCC), by Robert Benjamin as part of Mediate's new "The Future of Mediation and Negotiation in Our Culture, Politics and Society" video series.
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
This is a new interview of Howard Gadlin, long-time leading Ombudsman at UCLA and the National Institute of Health (NIH), by Robert Benjamin as part of Mediate's video series "The Future of Mediation and Negotiation in Our Culture, Politics and Society."
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.