Conflict Systems Articles
To date, most discussion of social responsibility focuses on what is called Corporate Social Responsibility (CSR). That is, what do corporations need to do to meet their social responsibilities?
We share our experience and learnings of delivering Family Dispute Resolution into New Zealand prisons to improve the lives of children.
When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.
Welcome to the Second Edition of the Electronic Guide to Federal Procurement Alternative Dispute Resolution (ADR).
Marshall Peter is soon retiring as Director of Direction Service in Eugene, Oregon. Marshall is perhaps best known to the mediation field as the founding Director of CADRE, the National Center on Dispute Resolution in Special Education, established in 1998. Here is a video tribute to Marshall well worth your watch. Marshall has shown us just how much positive change a person can bring to both our local and national communities.
First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds.
Joe Stulberg shares how great mediators he's observed are very analytical and have a sense of pragmatic creativity.
This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific
dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences
and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the
Internet Corporation for Assigned Names and Numbers (ICANN).
In 2006 Frank Sander produced his ‘Mediation Receptivity Index’(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but we discuss Sanders work here.
I have mixed emotions. Why? Recently, I have conducted multiple mediations simultaneously in matters involving the same plaintiff’s counsel and defendant’s counsel. These are lemon law cases and so frequently the same plaintiff’s counsel will have multiple cases with the same defense counsel. The mediations are thus scheduled for a single day and only counsel are present.
The health care industry has experienced a significant increase in consolidations among providers of facilities and services alike. From drugs to devices to service providers, 2014 saw the largest consolidation within the health care industry in the past 20 years. - See more at: http://jamsadrblog.com/#sthash.AQhZ4CpV.dpuf
As wars, religious and political differences, and international problems such as global warming, environmental degradation and poverty expand their reach, importance and severity, stimulating mass migrations and deepening social tensions, we are increasingly forced to recognize that military solutions cannot succeed; that legal processes take too long to implement; and that diplomacy does not reach deep enough into the ranks of those who are drawn to violence.
Like many conflict resolution or ADR professionals who start as a mediator, it doesn’t take long before a mediator doing workplace cases in one organization begins to wonder about the organization’s culture, communication, or leadership skills. “If only the organization had better practices, the mediation (or coaching or training or group facilitation) wouldn’t be needed”, many have thought.
Conflict is a common occurrence in society. It arises everywhere, among different types of parties, in different parts of the world, and for different reasons. If conflict is not addressed properly it can escalate and degenerate leaving serious consequences in its wake. This article explores the true costs of conflict, methods to address conflict, and how to prevent conflicts from escalating in the first place.
We like to believe that we are rational beings who make rational decisions. Sometimes, we are. And sometimes, we are not.
In an era of the vanishing trial, mediation advocacy is gradually replacing trial advocacy as the key litigator's skill. From a mediator with nearly 30 years mediation experience, here is a concise best practice list for the mediation advocate.
(4/15/15)Michael Mcilwrath, Jeremy Lack
“Shaping the Future of Dispute Resolution & Improving Access to Appropriate Justice." The goal of the Global Pound Conference (“GPC”) Series is to improve access to justice around the world by generating actionable data from stakeholders in the dispute prevention and resolution fields to facilitate greater access to appropriate dispute resolution (“ADR”) processes worldwide. Please join our efforts!
(4/14/15)Marvin E. Johnson
Historically, the three main dispute resolution methods used in the United States have been violence, avoidance, and litigation. Today, there are a variety of additional processes that can be used to foster the resolution of disputes. Many of these processes began gaining popularity in the early 1970s as a result of frustration with the varied human and financial costs associated with litigation.
As the Danish mediator Tina Monberg has pointed out in The Butterfly Effect, chaos theory sits at many intersections: conflict and consensus; litigation and negotiation; problem and solution; public policy and private process, art and science, servant leadership and personal leadership, and others. Mediation is both a practice and a theory, cutting across negotiation and justice, practicality and academia, needs and demands.
Roaming around on the internet the other day, I stumbled across an interesting article on LiveScience.com about the effect of temperature on our psyches. Entitled, “5 Weird Ways Cold Weather Affects Your Psyche”, the author Laura Geggel discusses different studies showing that we react differently depending upon whether a room is hot or cold. While the March 11, 2015 article discusses 5 “weird ways”, three of them are pertinent to negotiations.
(4/06/15)Alan E. Gross
Bush and Folger recently contributed an article to this “Mediation Futures Project” series that advocates strongly for “Refocusing on Party Self-Determination” but also suggests that mediators should conform to orthodox Transformative Mediation practices. This partial rejoinder, while acknowledging the important contribution of the TM focus on self-determination to mediation practice, also recognizes the value of other mediation practices.
Diversity matters! For mediation to develop in fresh and vibrant ways, we need to think and act creatively. Some of the best ideas come from making connections – for example, between mediation, sciences, and the arts – and through using these connections in practice. Bernie Mayer's article in the Mediation Futures series struck chords with me, with its references to complexity science, chaos, and the importance of adapting the ways we mediate to meet diverse needs, instead of expecting participants to fit in with the particular way we choose to mediate.
We, like all professionals, focus most of our attention on making and using tools. We have jobs to do, expectations to meet, and tools are extensions of our selves. They imply a strategy for proceeding, a source of confidence that we really can make an impact on a reality that badly needs it. The negotiation literature, especially the teaching and research literature, is dominated by a focus on tools. Tools are thus essential, and also dangerous.
Preparation for the future of mediation needs to focus on who will be using mediation and how. The audience in 20 years will have different expectations than the audience of today.
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Notwithstanding rules, admonitions and the fervent desire for efficient resolution of disputes, our current system of litigation creates incentives to drive up the costs of litigation. So how do we change these incentives?