(6/27/16)Roger Fisher This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
(6/27/16)Justin Kelsey Many misunderstand what mediation is and mislabel dispute resolution processes. Litigators are urged to educate themselves about mediation, because if you only tell clients about the disadvantages then you are not providing balance either.
(6/27/16)Charlie Irvine This paper considers Scotland’s lack of receptivity towards mediation in the light of its ‘mixed’ legal heritage of both civilian and common law influences. It contrasts the approach to mediation in common law jurisdictions (such as England and Wales and those of the USA) with that of France, where litigation acts like an ‘attracting magnet’.
(6/27/16)John Lande Analogizing the puck to the legal and dispute resolution fields, this program addressed where we are going and how, as legal educators, we can best prepare our students to “skate” there.
(6/22/16)Zena Zumeta Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.
(6/21/16)Maxine Baker-Jackson This is the complete interview by Robert Benjamin with Maxine Baker-Jackson, former Director and Mediator, Los Angeles County Superior Court, Dependency Court, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(6/20/16)Bruce Derman, Wendy Gregson This article outlines what couples need to do in order to face the numerous dilemmas that are inherent in divorce. If people have not resolved their dilemmas before the divorce, they go through the process trying to manage their fear in different ways by hiding their doubt, responsibility; vulnerability, or dependency.
(6/20/16)Robert Benjamin Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.
(6/19/16)Don Philbin In this short piece, I describe a few ways that disputing parties and their lawyers systematically depart from rational decision making. Along the way, I offer tips on how to get productive settlement discussions back on track after being derailed by our all-too-human psychology.
(6/14/16)Chris Moore 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.
(6/10/16)Gregg Relyea Carefully managing negative personal mannerisms can result in a more confident and competent negotiator who is aware of their own and others' negative personal mannerisms and who makes deliberate and conscious decisions about managing them.
(6/10/16)Laurie Israel The Underwoods, the main characters in the show House of Cards, have been married a long time when we meet them - 26 years - as the series begins. They seem to be a very solid two-person unit, that have things to teach us about balancing personal fulfillment and commitment to the marriage.
(6/08/16)Carrie J. Menkel-Meadow This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(5/31/16)Joan B. Kelly, Ph.D. This is the complete interview by Robert Benjamin with Joan Kelly, well-known clinical psychologist, researcher and founding Executive Director of the Northern California Mediation Center, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(5/27/16)Claudia Maffettone In this article, I will offer a succinct overview of definitions, principles, approaches, opportunities and limits of mediation, a method of conflict resolution encompassing a wide range of practices.
(5/26/16)Joseph Stulberg This is the complete interview by Robert Benjamin with Joe Stuhlberg, a leading mediation law professor, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
(5/22/16)Bill Eddy Workplace bullying is a growing international problem. It is more than a one-time incident. It is a pattern of behavior between a bully and another worker which can demoralize, isolate and trigger illness in the target of the bully.
(5/22/16)Michael Lewis This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.
(5/20/16)Eduard Vinyamata Camp Los conflictos, la ausencia de paz y de armonía son constantes en la vida de las personas y de las sociedades. Intereses económicos, crisis de todo tipo, agresiones, forman parte del paisaje humano.
(5/17/16)Nina Meierding, Jan Frankel Schau Anyone who has ever been married will admit that men and women argue differently. It should be no surprise to learn that women and men negotiate differently as well.
(5/13/16)Peter Adler This is the complete interview by Robert Benjamin with Peter Adler of Accord 3.0 and Past-President of The Keystone Center, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
(5/13/16)Charles Hill Elvis Presley covered “Hound Dog” in 1956 and sold over 4 million copies in the United States on its first release. Was “Big Mama” legally entitled to share in some of the rewards of Hound Dog’s success?
(5/06/16)Sam Imperati Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable. It turns out that these same character traits may have other uses as well.