Conflict Systems Articles
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.
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.
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.
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.
The disruptive force of technology has led to innovative dispute resolution practices
that increase access to justice and also raise new ethical considerations.
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.
Mediation confidentiality in California will end on January 1, 2019...unless YOU take action now.
Joint Fact Finding (JFF) is a public engagement strategy that creates a needed safe harbor for technical and scientific discussions between all sides.
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.
(5/08/17)Hotur Krishna Bharadawj
ODR is thought to supplement existing ADR methods to address disputes quickly and adequately using technology and the Internet.
This article covers a number of practical aspects of online mediation to broaden the understanding of how ODR can benefit a mediation practice.
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."
Conflict can rob you of two precious mental faculties useful for sorting things out.
The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.
Cynefin is a Welsh word that means we are influenced by multiple factors in our environment that we can never fully understand. It is a good way to describe the complex world we are experiencing in this early part of the 21st century.
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.
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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.