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"I am about to conduct a 150 hour peer mediation program for this school. This is done as part of a court ruling given to me from the district court of American Samoa. I thank you so much for all the information that I had copied from this site and I know that they will be helpful as I looked to a great task of peer mediation here on this island. Wish me luck and again thank you so much !! Herman Fuimaono"
Herman Fuimaono


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READ & SEARCH NEWS
09/15/2014

What Is The EEOC's Mediation Program? Does "Everyone Benefit?"

We asked: What IS a National Universal Agreement to Mediate? And why might it be a good thing to know about? In this Part I we describe the mediation program. In Part II, we will ask whether it is a "win-win" program, as the EEOC says – given the less than favorable reviews of some who practice before the EEOC who claim that the EEOC attempts to "bully" employers.


Moving Towards Peace Through Ethnic And Religious Conflict Resolution

In the 21st century, living in peaceful Western countries, most of us believe we are civilized enough that there should easily be peace everywhere, but we continue to see waves of ethnic and religious violence around the world. The unrest and violence is a threat to peace, to political stability, to economic growth and to security around the world. We are all too aware that recent conflicts have killed and maimed tens of thousands and displaced millions. Continued violence only sets the stage for more violence.  Governments do not have all the answers. People and organizations can have influence over our path to the future. One organization taking action now is the International Center for Ethno-Religious Mediation (ICERM). ICERM is preparing for their upcoming 2014 Annual International Conference On Ethnic And Religious Conflict Resolution And Peacebuilding. The one-day event, on October 1, 2014 in Manhattan, New York, aims to inspire new thinking, stimulate ideas, and start dialogue towards facilitating peace and advancing social and economic well-being.


Jerry Springer takes to wrestling ring to mediate between the feuding Bella Twins. It doesn’t end well

When Jerry Springer decided to take his powers of mediation to the wrestling ring, he probably never imagined he would be carted out of the arena on a stretcher. Unfortunately for him, that’s just what happened when he attempted to solve an ongoing feud between WWE siblings the Bella Twins on US wrestling show WWE Raw.


Singapore Tribunal to be 'last recourse' for community disputes

Come next year, feuding neighbours will be able to turn to a tribunal dedicated to resolving community disputes. The Community Resolution Dispute Tribunal, first announced in March, will be established under the auspices of the State Courts and have powers to mandate mediation. Those who apply to have disputes heard by the tribunal must first attempt to mediate. If the other party does not reciprocate, the tribunal can order both parties to attend pre-hearing mediation and record any agreement as a consent order which can be enforced accordingly. Court processes for the tribunal will be streamlined so that “long-running disputes can be resolved expeditiously and effectively,” said Minister for Culture, Community and Youth Lawrence Wong in Parliament today (Sept 9). However, Mr Wong stressed that the tribunal should “be an avenue of last resort to adjudicate long-standing, intractable disputes between neighbours”.


Milwaukee Archdiocese, abuse victims set for latest round of mediation

For the second time in two years, lawyers for the Archdiocese of Milwaukee and sex abuse victims are sitting down with a mediator, starting Monday, in hopes of hammering out a settlement in the archdiocese's nearly 4-year-old bankruptcy. None of the parties associated with the case have estimated what it would take to resolve the underlying issues, including a pending lawsuit over $60 million in trust set aside for maintenance of the archdiocese's cemeteries. But two things appear certain: Abuse survivors will undoubtedly push for more than the $3 million-plus they were offered as part of the reorganization plan proposed by the archdiocese in February. And the archdiocese appears reluctant to budge, at least at the outset.


Gazprom Seeks Mediation of Moncrief's $1.36 Billion Suit

Russia’s biggest company Gazpron asked a U.S. judge to force Moncrief Oil International Inc. to arbitrate a $1.36 billion trade-secrets lawsuit and dismiss the case.  Moncrief’s claims are linked to negotiations with Gazprom over a stake in a Russian oil field and are subject to an arbitration clause of the companies’ 1998 contract.  A previous lawsuit filed by Moncrief in 2006 alleging breach of contract was dismissed after Gazprom argued the dispute required mediation. While the new case accuses Gazprom of stealing Moncrief’s secret market research -- revealed during the negotiations -- the claim still relates to the contract and still requires mediation, Gazprom argues.  “For nearly a decade, Moncrief Oil International Inc. has tried to do the impossible -- prevail on claims against OAO Gazprom and various subsidiaries based on an alleged cooperation agreement while simultaneously avoiding that agreement’s binding arbitration clause,” Gazprom said in the filing.

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"Mediate.com is the best resource for neutrals wanting web and email services. The company understands the special needs of our industry. Jim's staff is professional and promptly responsive to questions and requests."
Richard Spier


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Robert Benjamin
Game-Playing in Negotiation and Mediation: Machiavelli’s Place At the Table (9/13/14)
Robert Benjamin
While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies. If acknowledged and monitored thoughtfully, gaming behavior allows participants a measure of self-protection and provides a lubricant for the constructive, creative and ethical management of complex issues.

John Sturrock
A Mediator's Log: The Mediation Story (9/12/14)
John Sturrock
What happens when you are a mediator and you start another mediation day? We have printed below the details of a mediator's typical morning. Read on as the story unfolds....

Kenneth Feinberg
Ken Feinberg on High Profile Dispute Resolution (9/12/14)
Kenneth Feinberg
Well-known dispute resolution professional Ken Feinberg speaks on high profile dispute resolution and its relation to mediation.

Richard Barbieri
Mediators, Transformed and Untransformed (9/12/14)
Richard Barbieri
The French have a wonderful term for a common phenomenon: déformation professionelle. Similar to the saying, “If your only tool is a hammer, you tend to see every problem as a nail,” this phrase suggests that people see the world through the lens of their work. This article addresses that concern, and helps mediators to remember their clients are people that cannot fit into a mold.

Keith Seat
Legal Mediation News – September 2014 (9/12/14)
Keith Seat
This is another in a series of updating articles on Legal Mediation News by Mediate.com News Editor, Keith Seat.

Phyllis Pollack
Duologue: Inattentive Conversing (9/12/14)
Phyllis Pollack
Daniel Simons and Christopher Chabris discuss the notion of Inattentional Blindness or how when we are looking at a scene, we may become so focused on one particular aspect of what we are viewing that we miss the other objects or stimuli that are in plain sight. "Inattentional Blindness occurs where attention to one thing causes us to miss what to others may seem to be blindingly obvious. We have a limited ability to focus and attention in one area can distract us from another area."

Rachel Ehrlich
Shhhh! The Big Risk Associated With Mediation Confidentiality Nobody Talks About (9/05/14)
Rachel Ehrlich
In complex civil disputes it is not uncommon for information to be provided through mediation and that information is often subject to mediation confidentiality. When related disputes (contractual indemnity, insurance carrier contribution, insurance coverage and bad faith, and reinsurance) arise, mediation confidentiality prohibits using the information relied upon as evidence in the related matter.

Cris Pastore
6 Major Mistakes to Avoid in a Do-It-Yourself Divorce (9/05/14)
Cris Pastore
Although spouses claim to have everything worked out, they almost always fail to consider some very important details. Read this article and learn the 6 common mistakes to avoid when attempting to resolve your own divorce.

Katherine Graham
What’s a ‘Successful’ Mediation? (9/05/14)
Katherine Graham
Mediation is commonly measured in terms of settlement rate (i.e. did the parties agree?) and you’ll see figures like ’80% settlement rate’ bandied about. In our view this is not the only measure of success. There are many more! Think about which measures matter to you – the parties, the mediators, and your organisation.

Keith Seat
International Mediation Updates - September 2014 (9/05/14)
Keith Seat
This is another in a series of updates on the development of mediation internationally by Mediate.com News Editor, Keith Seat.

Dale Ordas
Rethinking Negotiation Strategy (9/02/14)
Dale Ordas
Too frequently, negotiations are fruitless due to inadequate preparation. Rethinking Negotiation Strategy sets forth critical areas that should be part of the preparation for negotiation. In each segment there are references, which provide for a more in depth exploration of these indispensable tools for the successful negotiator.

Kim Lovegrove
Mediation-in-Depth Analysis - Video (9/02/14)
Kim Lovegrove
Prof. Kim Lovegrove and distinguished lawyers look at Mediation as a dispute resolution process, its advantages, and disadvantages.

James Melamed
Reported Complaints About Mediation.com (9/01/14)
James Melamed
This article includes reported complaints and email correspondence with and regarding Mediation.com and their selling practices.

Rolando Perlaza Perez
Resolucion Alterna de Conflictos en Costa Rica y la Apertura Hacia Nuevas Formas de Gestionar el Conflicto (9/01/14)
Rolando Perlaza Perez
Hace 17 años en Costa Rica se promulgó la Ley Sobre Resolución Alterna de Conflictos y Promoción de la Paz Social ley número 7727 (Ley RAC) y se iniciaron campañas de formación y concientización de la ciudadanía sobre las ventajas y bondades de la solución pacífica, dialogada y colaborativa del conflicto. Desde entonces, Costa Rica ha avanzado en el desarrollo y fortalecimiento de los métodos tradicionales de RAC (Resolución Alterna de Conflictos), entiéndase Arbitraje, Mediación/conciliación, Negociación y en los últimos años los Círculos de Paz. Incluso en el año 2011 se promulgó la Ley Sobre Arbitraje Comercial internacional Ley 8937, que sienta las bases para que Costa Rica sirva de Sede para arbitrajes internacionales de naturaleza comercial.

Keith Seat
Update on Home Foreclosure Mediation - September 2014 (9/01/14)
Keith Seat
This is another in a series up updates on the development of home foreclosure mediation in the United States by Mediate.com News Editor, Keith Seat.

Brad Heckman
Mediation and Mindfully Getting in the Middle (Redux) - Video (8/26/14)
Brad Heckman
In this insightful talk, Brad Heckman discusses mindfulness in conflict mediation. Using poignant humor and his own hand-drawn illustrations, Heckman effectively communicates the necessary balance of emotions, relief and reflection that mindfulness supports in the mediation process.

Jeffrey Krivis
The Negotiation Campaign (8/25/14)
Jeffrey Krivis
Negotiations are like political campaigns. It is an organized effort to influence decision makers. Don’t just throw a case against the wall and hope the other side gets it. Mount a negotiation campaign that is strategic and considers who might be needed to vote for your side and what they will need to solidify their vote.

Mark Baril
MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two) (8/22/14)
Mark Baril
Med-arb is the melding of two well-established processes for conflict resolution into one hybrid process. Mediation and Arbitration are used in conjunction with one another and, in the truest form of med-arb, the same third-party neutral plays the role of both mediator and arbitrator. In this paper, the term med-arb refers to this pure form that uses the same neutral, and is distinct from the common process where different neutrals are used in a mediation phase and an arbitration phase.

Judy Ringer
Conflict Resolution for Kids (8/22/14)
Judy Ringer
My good friend and colleague, Thomas Crum, taught me a lot of what I know about having hard conversations. A method he uses with children - the BLT - is so simple and easy to remember, I often use it and have found it to work very well with children and adults: Breathe, Learn, Talk.

Ken Johnson
The Good and Bad of Conflict (8/22/14)
Ken Johnson
As conflict professionals, we should strive to understand the subject of conflict in all its various forms. However, the large majority of the industry only desires to resolve conflict. Indeed, conflict can be beneficial (anabolic) or destructive (catabolic). Knowing the difference can give businesses and other organizations a catalystic edge to take them to the next level.


Time for a Mediator’s Hippocratic Oath? (8/19/14)
Deborah Masucci, Michael Leathes
It is one of the defining characteristics of professions whose stakeholders invest great trust in their practitioners. Doctors make the Hippocratic Oath. Accountants, lawyers, police officers, elected officials, social workers, veterinarians and others in a position of trust also make various forms of oaths. Yet mediators do not make an oath, even though mediators are invariably taken into parties’ trust. Should mediators make a Hippocratic-style oath?


“Talk To Me”: What It Takes To Be An NYPD Hostage Negotiator (8/18/14)
Hugh M. McGowan, Ph.D., Jeff Thompson
Crisis and hostage incidents are known for being stressful, unpredictable, tense, anxiety-filled, and emotionally driven. Add to this volatile concoction is that these incidents often can involve violence that has been threatened or having already occurred. Amidst these chaotic incidents New York City Police Department hostage negotiators emerge to provide the antidote to the ensuing turbulence.

Cris Pastore
Using the 17 Factors of Alimony in PA in Divorce Mediation (8/15/14)
Cris Pastore
Curious about how alimony is determined in Pennsylvania? Read this comprehensive article and learn about alimony and about the 17 factors the court considers in determining it.

Rolando Perlaza Perez
La Mediacion en Costa Rica y el Papel del Mediador (8/15/14)
Rolando Perlaza Perez
La mediación es un método de Resolución Alterna de Conflictos (RAC) de naturaleza auto-compositiva que busca solucionar las diferencias a través del dialogo. En ese sentido, es un método en el cual un tercero imparcial, llamado mediador, interviene en un conflicto entre dos o más personas a solicitud y con la anuencia de las mismas, con el fin de ayudarles en la búsqueda de soluciones pacíficas, cooperativas y mutuamente satisfactorias.

Mark Baril
MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part One) (8/15/14)
Mark Baril
Med-arb is the melding of two well-established processes for conflict resolution into one hybrid process. Mediation and Arbitration are used in conjunction with one another and, in the truest form of med-arb, the same third-party neutral plays the role of both mediator and arbitrator. In this paper, the term med-arb refers to this pure form that uses the same neutral, and is distinct from the common process where different neutrals are used in a mediation phase and an arbitration phase.

Ben Ziegler
Adding Verbal and Non-Verbal Communications Capacity in Virtual Contexts (8/11/14)
Ben Ziegler
Working virtually can put the squeeze on our full range of verbal and nonverbal communication skills. This is a given with it comes to nonverbal. When we’re in the same physical space together, the success of our communication effort is mightily influenced by our nonverbal, visual, actions. Where is body language, and tone of voice, in a tweet or Facebook post? Fortunately, there are virtual ways to add back some of our lost communications capacity, both verbal and nonverbal.

Don Cripe
Shooting Yourself in the Foot (8/08/14)
Don Cripe
One of the earliest “learned professions” in the Western world is the law.  A reading of ancient history from the earliest beginnings of Western civilization will reveal allusions to lawyers.  Popes, kings and feudal governments in medieval Europe relied heavily upon lawyers to guide them.  Yet, from early days and primarily because of the educational and status advantages lawyers held over most of society, the profession has suffered from poor public opinion and criticism; literature and in popular culture with the onset of the “lawyer joke.”

Alberto Elisavetsky
Observatorio del Conflicto Social - en Espanol (8/08/14)
Alberto Elisavetsky
En un contexto social de alta litigiosidad, bajo apego al cumplimiento de las normas que regulan la vida social, el incremento de la violencia como forma de intercambio interpersonal y el uso del poder como forma demasiado extendida de resolver diferendos, parece oportuna la creación de un Instituto del Conflicto, que profundice y articule actividades académicas y sociales, en el nuevo y vasto campo de la resolución de conflictos.

Oran Kaufman
On What Level Are We Mediating? (8/08/14)
Oran Kaufman
How do you define success in mediation? The answer depends in part on who is asking the question? Success for the parties may be different than success for the mediator or success for the court. This article explores the question of how to define success in mediation from a variety of angles including what does success mean for the mediation profession?

Kevin Boileau
The Myth of Mediation Neutrality - book excerpt (8/08/14)
Kevin Boileau
The traditional view is that a mediator is a neutral, third party who helps two or more conflicting parties cooperatively resolve their differences. Interestingly enough, this belief is analogous to the Cartesian-Newtonian epistemological position that holds that one can be an independent observer of an objective world, in science or in daily life. However, I am skeptical about this position, both epistemologically and clinically. What remains an open question is whether a mediator can actually ever be a “neutral third.”

John Sturrock
Beware of Ultimatums When Negotiating (8/01/14)
John Sturrock
Good negotiation involves lots of client moves, client satisfaction, flexible negotiators, . . . and few ultimatums. Remember these tips in order to get the best agreement for your client.

Ralph Kilmann
Do Your Surrounding Systems Support Your Inner Self? (8/01/14)
Ralph Kilmann
Are your surrounding systems separate from your inner self? I would like to address the observation that we typically define our sense of self as being separate from our surrounding systems. So I ponder: What are the consequences of keeping our sense of self (some integration of ego, soul, and self-worth) separate from our surrounding systems?

Maria Eugenia Sole
Mediación Comunitaria, Redes Sociales, y Javier Mascherano - en Espanol (8/01/14)
Maria Eugenia Sole
Mediación comunitaria, redes sociales y Javier Mascherano en nuestra mesa De la “hombría” a la “caballerosidad”. En las últimas horas las redes sociales se vieron inundadas de referencias a Javier Mascherano, capitán “sin cinta” de la selección de futbol argentina, exaltando su hombría de bien, su temple, perseverancia y espíritu de equipo.


What the Supreme Court of India Got Right and What it Got Wrong (8/01/14)
Niyata Samir Ghandi
The Kluwer Arbitration Blog published an outsider’s perspective on the decision of the Supreme Court of India which has been applauded by international practitioners around the world since it curbed the jurisdiction of Indian courts over an arbitration agreement supplementing the pro-arbitration jurisprudence coming from the SCI over the last two years. The writer has commented not only as an outsider but also and more particularly as a Civil Lawyer, proposing an excellent alterative to the court’s approach. However, it may be necessary to have an insider’s perspective on the judgment.

Michael Leathes
Book Review: The Variegated Landscape of Mediation (7/31/14)
Michael Leathes
Never before has an attempt been made to capture the distinctive qualities and differences that combine to make mediation eclectic and also truly comprehensible. Until now. The Variegated Landscape of Mediation (Eleven International Publishing, July 2014) is a collaboration of around 90 of mediation's thought leaders from around the world. It is the first work that explains on a global plane how mediation has cross-pollinated itself into such a kaleidoscopic display of both consistent and contradictory features.

Keith Seat
Legal Mediation News - July 2014 (7/29/14)
Keith Seat
This is another in a series of updates on Legal Mediation News from Mediate.com News Editor, Keith Seat.

Rosa Abdelnour
La Mediación en Costa Rica (7/25/14)
Rosa Abdelnour
A mediados de la década de los noventa se realizó en Costa Rica, por parte del Poder Judicial, una consulta ciudadana para evaluar la percepción acerca del sistema judicial. Los resultados mostraron descontento entre la población por el formalismo para acceder al sistema y la mora o duración de los procesos que se consideraba excesiva.

Hilary Linton
Understanding Each Party’s Power in Family Mediation-Arbitration: Why it is Critical (7/25/14)
Hilary Linton
A recent Ontario Superior Court of Justice decision illustrates the need for clearer guidelines for “screening for power imbalances and domestic violence”, a mandatory component of Ontario family arbitration. It also demonstrates the benefits for parties, lawyers and arbitrators in understanding that some methods of screening are more effective than others; and in ensuring that screening is done in accordance with the best practices before the mediation in a mediation-arbitration.

Charlie Irvine
Mind the Gap: Mediation and Justice (7/25/14)
Charlie Irvine
This article examines the alleged gap between mediation and justice. It considers ideas of both substantive and procedural justice and examines persistent critiques of mediation as falling short of the supposed gold standard of litigation. It goes on to propose an alternative reading of mediation as a site where parties are empowered to negotiate not only the outcome of their dispute but the criteria by which that outcome is judged. This can be read as providing more rather then less justice, particularly in diverse societies where legal and social norms are contested.

Keith Seat
International Mediation Updates (7/23/14)
Keith Seat
This is another in a series of updates on International Mediation Developments from Keith Seat, Mediate.com News Editor.

James Melamed
Incremental Progress in Mediation: Baby Steps, Strategic Mediation & Less is More (7/22/14)
James Melamed
Taken from Jim Melamed's training manual, these introductory excerpts suggest that progress in mediation is necessarily incremental; that the mediator should in fact strategically focus on baby steps of progress that can be made; and that, in effectively mediating, the mediator should seek to "only do so much as is necessary" to stimulate available progress so as to not over-direct the process and allow participants to claim progress as their own.

Jeffrey Fink
Mediating Inheritance Disputes (7/18/14)
Jeffrey Fink
Inheritance disputes can be difficult to resolve. They are tied up in a lifetime of emotions toward the deceased and every other claimant under the will, as well as personal and spousal expectations of monetary gain. Here are 10 tips and tricks that have helped with this kind of dispute.

Don Cripe
Mediation: A Way Out or Hard Work? (7/18/14)
Don Cripe
After I closed my law practice in favor of providing full-time ADR services, I bumped into an old-time mediator whom I had known for many years. When I told him of the change in my career he commented, “So, you don’t want to work so hard anymore.” This article is my reflection on his observations.   1 Comment

Mary Aderibigbe
Insecurity in Nigeria : Focus on Social Protection (7/16/14)
Mary Aderibigbe
The spate of insecurity has become alarming. There have been calls for stringency of laws to bring culprits to justice. Security operatives go after the perpetrators and turn over those apprehended to the courts -- yet the conditions that breed revolt are worsening. This spells real danger!

Ron Supancic
Dance of Opposites - Book Review (7/11/14)
Ron Supancic
The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.

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