In Fivecoat v. Publix Super Markets, Inc., the appellate court reversed the trial court's order enforcing mediated workers' compensation settlement, where the claimant's attorney did not have clear and unequivocal authority to settle on claimant's behalf.
In Heaven & Earth, Inc. v. Wyman Properties Limited Partnership, the appellate court enforced a handwritten mediated settlement of lease extension by night club against challenge that parties' failure to reach full agreement on limitations and notice requirements for sound checks was a missing essential element that precluded enforcement.
With armed conflicts trending upward again and proving increasingly complex, the challenges are also mounting for mediators working to resolve them through negotiations. Newly developed guidance from the United Nations can help them to succeed, providing practical advice for navigating mediation processes effectively. This video describes the 8 UN fundamental guidelines.
This video by Leo Hura shows a parent with a disabled child. She finds herself in a dispute with her school, but through the mediation process she reaches agreement with school regarding her disabled child in a culinary program.
Professor Guhan Subramanian has created a video for Harvard's Program on Negotiation called Setting the Stage.
Mediation in Action - Video
A workplace dispute between two colleagues has created an issue which is affecting their colleagues and the business. This video shows a real example interviewing the owner, both employees, and their mediator. They reflect on the process and how mediating has changed their business.
In his keynote address, Professor Mayer explores some of the characteristics and dilemmas of enduring conflict and ways that conflict resolvers can shift the narrative from one of prevention, management, and resolution to one of anticipation, support and engagement.
Disputants and mediators together determine a mediation’s success, sometimes only in retrospect. This interactive workshop explored opportunities prior to and during a session, when the mediator may support-even enhance-parties' abilities to make the most of their mediation experience.
This presentation introduces four specific steps for effectively transforming even the most provocative personal attacks into something constructive. Listeners may wish to also read Chapter 4 of Party-Directed Mediation, Interpersonal Negotiation Skills. April 2012, Duration: about 10 minutes plus homework.
The team at JAMS has finally been able to videotape a mediation to present the mediation process. This video aims to increase transparency of the process and to help clients understand how hard mediators work for them. JAMS promises that this is a real mediation and that all of the participants have agreed to allow this video to be public.
Jim McCartney, a Charter Arbitrator and Charter Mediator, talks about what arbitration is. He explains the process and the benefits to the clients. He says that the best way to think of arbitration is as a private court.
Faith-Based Diplomacy, an emerging discipline that seeks to integrate religion and politics in the cause of peacemaking and reconciliation, is explained by the Canon Reverend Brian Cox. Father Alexei Smith, Shakeel Syed, and Rabbi Mark Diamond share insights regarding the inter-faith dialogue that is such a vital step in peacemaking.
Leo Hura series and specials are media productions produced by volunteers using Olelo Community Media. This video is one in a series that shows a role play of the mediation process. Each video shows a different aspect of the process with a role play and a simulation.
A new pilot project by the Association for Conflict Resolution Hawaii Chapter to show how new and experienced mediators can practice and improve their mediation skills by participating with other mediators in online mediation simulations via Skype.
The Straus Institute for Dispute Resolution debuted a new “Conversation” series on November 14, 2011, as part of their 25th anniversary celebration. “Straus Presents: A Conversation with Ken Feinberg” featured one of the best-known figures in the field of alternative dispute resolution in a ninety-minute interview conducted by Straus Institute academic director and William H. Webster Chair Tom Stipanowich. The interview focused on Feinberg’s early involvement as special master mediating the Agent Orange cases and other mass tort claims, his role as special master of the September 11th Victim Compensation Fund, and his current oversight of the Gulf Oil Spill Fund.
This professional video introduces potential clients to the mediation process. It shows the voluntary and confidential nature of the dispute resolution process.
Aboriginal Child Protection Mediation - Video
An interview with an Aboriginal woman who talks about her experience with child protection mediation. She tells us how mediation helps both parents and child welfare workers who are unable to resolve a plan of care for a child, reach a decision together in a non-judgmental way.
This video describes the four phases of the mediation process. This is an informative role-play produced by Jean Munroe and TennesseeMediation.com. The topic of the mediation is divorce and child custody.
Tobi Inlender and students discuss the Peer Mediation Program in Santa Monica. This is the original peer mediation program in Los Angeles, and is run by the Dispute Resolution program and Lincoln Middle School.
Slusky Mediation explains how the mediation process can be successful, regardless of the complexity of the issues or parties. He also explains the typical emotional state of parties during the mediation process.
Workplace Mediation Video, ABA
A mediation video that explains how a workplace dispute can be resolved in mediation, in a less distressing manner than litigation or arbitration.
This is a sample mediation video that walks through the mediation process.
It begins with the ground rules and introductions. it then moves on to opening statements by all of the parties. They explain what brought them to the mediation and what they are hoping to get out of their time there. Then they negotiate the dispute.
Michael Coyne, Associate Dean of the Massachusetts School of Law hosts a Question of Law, with the topic being Dispute Resolution. Guests include Judge Peter Agnes and Brian Burke, Assistant Attorney General.
Dr. Nancy Love of the PULSE Institute demonstrates the Prepare piece of the PULSE Mediated Conversation frame. Prepare lays the foundation for an effective structured three-way converastion. This is a simulation based on a real scenario. The participants appearing in this video are role players, and not actual mediation participants or actors. www.pulseinstitute.com.
Diane Thompson of the National Consumer Law Center made a point that you can get much better compliance on loan modifications if you actually fund mediation programs and legal services attorneys. There are mandatory mediation programs up and running in Philadelphia and New York, and they have been far more successful in preventing foreclosures – by about 50%.
Doug Yarn compares teaching conflict resolution systems in schools compared to universities. He found that there was more harm done than good when they tried to incorporate conflict resolution programs in schools.
Howard Gadlin discusses the difference between a mediator's role and an ombudsman's role. Ombudsman uses mediation as a tool, but their role is to assist a group of people within an organization to identify the organization's policies and regulations that are causing internal conflict, then make recommendations.
Roger Fisher believes talks and negotiation with terrorists can produce more benefits than judging from a distance. He emphasizes the need for understanding and listening to terrorist grievances, which are often legitimate.
Jay Folberg discusses that with institutionalization, the field is becoming more focused on practicing a profession and trying to become more lucrative instead of how it was - a more creative social movement.
Juliana Birkhoff talks about convening with political decision makers, asking them what they want from parties who will be affected by an outcome before they bring those parties to the table for a mediation.
Zena Zumeta explains two reasons why she believes her success came to her: one is effective marketing by a business partner; the other was "pure luck" - she believes people had confidence in her ability to help them solve their problems.
Zena Zumeta talks about what has pleased her in terms of the field. She states that training professionals is a joy so they can in turn train and use collaborative techniques with clients and employees.
Larry Susskind shares his strong opinion of upholding ethical principles while mediating disputes. Gives examples of his refusing to mediate for agencies/people who provide too strict of guidelines that don't involve the full participation of the parties.
Doug Yarn discusses how there was a need for common understanding of the field's vocabulary and terminology as professionals came from many different backgrounds and practiced in different areas within conflict resolution.
Peter Adler speaks of the negatives that come with the increase of specializations in the mediation field; mediation will become more rigid, rule-bound, and will develop professional castes and classes.
Terry Wheeler explains that his legal knowledge helps him in his mediation and negotiation practice by knowing how to interact with attorneys, assessing different situations, and asking certain applicable questions.
Frank Sander talks about the 'hot' topic of developing a process for determining a mediator's competency. He hopes licensing will not be a form of determining that competency, but rather focusing on the amount of training a mediator has had.
Leonard Riskin saw certain unahappiness in law schools that he linked to the adversarial process of settling disputes. Instead of a win-lose scenario, he attempted to help lawyers see and use mediation as a way to open their minds to a more positive process that would satisfy parties' underlying interests and needs.
Joe Folger feels that an important aspect of mediation training is to impress upon the participants that as mediators they will have influence on the disputants and to make conscious choices about what kind of influence they want to have and to be clear about their ideological principles behind these choices.
Chris Moore explains partiality, neutrality and multi-partiality, the latter being the goal of a mediator's position. He explains multi-partiality within contexts of spousal abuse mediation and exploitation within a third world country.
Linda Singer shares her thoughts on why mediation is not as popular a service and field as it should be: difficult to advertise, people don't see benefits of negotiation, educational media not prevalent, and it is perceived as dull compared to litigation.