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Sharon Pickett - A Remembrance (1/05/09)
Sharon Pickett, 58, died of breast cancer on August 30, 2008 in Bethesda, Maryland. Here is a remembrance of Sharon and her contributions to the field of conflict resolution.
They Started To Fight When The Money Got Tight (12/29/08)
This article asks must differences over scarce and limited financial resources be determined by divorce court room battles? In answer it suggests that choosing the right method in the beginning could save separating and divorcing couples, time, money and tears in the long term.
Managerial Mediation And Arbitration (12/29/08)
I will always be indebted to Dan Dana for introducing the concept of the manager as the mediator to me. Dan was the pioneer who blazed the trail. In this short article I want to consolidate and reiterate his fundamental insights, and of course add my two cents!
Before You Go to Court (12/29/08)
Tips that you should consider prior to entering the courtroom.
Mediate.com Blog Archive for December 29, 2008 (12/29/08)
This is an archive of the Mediate.com Blog for December 29, 2008
Mediate.com Blog Archive for December 22, 2008 (12/23/08)
This is an archive of the Mediate.com Blog for December 22, 2008
Scotland Wants To Become “The Switzerland Of Dispute Resolution” (12/22/08)
Not only does Scotland vie to become a global, efficient ADR center attracting domestic and international businesses, but it also wants to improve the overall competitiveness of its legal system.
Plaintiff’s Personal Injury Attorneys Are Agonizing Over The New Medicare Reimbursement Laws (12/22/08)
The growing Medicare shortfall in Washington has many politicians looking for ways to bridge the funding gap. As a result a new law, effective July 1, 2009, has been enacted which requires liability insurers (which include carriers who write CGL policies, auto policies, homeowners’ policies and those defendants who are self-insured such as supermarkets) to determine and report whether a claimant is covered and is entitled to Medicare benefits. If the claimant received Medicare benefits during their treatment for the injury, Medicare is holding out both hands to make sure they get 100% reimbursement, despite the comparative negligence of claimant.
Impartiality (12/22/08)
Impartiality is one of the more commonly recognised aspects of the role of the Mediator. This does not mean that the Mediator should somehow become inhuman and not have a feeling of bias towards one party or another, but that they practice in a way that minimises any manifestation of this bias.
An Alternative Approach to Negotiation and Mediation Planning (12/14/08)
It is often of concern for individuals involved in the training and practise of mediation and negotiation to witness how negotiators (even after being trained for several days) still get bogged down in issues that are ‘trivial’ to the central objective or frame.
Why Mediation Often Works When Lawyers Haven’t Been Able To Settle (12/14/08)
Too often attorney settlement discussions are merely a short exchange after depositions, vaguely inquiring about whether the other party is ready to throw in the towel. And when more serious settlement discussions are held, they’re often attempts by one lawyer to see if the other lawyer is willing to modify their “best case scenario” position with obligating the inquiring lawyer to any corresponding concession.
Creativity v Defensiveness (12/14/08)
All of us pride ourselves in being creative, whether artistically or professionally. To be defensive, on the other hand, implies weakness or, if you will, a lack of aggressiveness.
Mediate.com Blog Archive for December 15, 2008 (12/14/08)
This is an archive of the Mediate.com Blog for December 15, 2008.
The First Conversation between President Barack Obama and President Mahmoud Ahmadinedjad (12/08/08)
In the series of private and fictitious conversations among presidents and among state and non-state leaders that see each other as adversaries or even as enemies, comes this imagined dialogue between President Obama and President Ahmadinedjad. It takes place on Saturday, February 14, 2009 at the U.N. in Geneva.
Not Even Wrong (12/08/08)
The physicist Wolfgang Pauli…would sometimes exclaim "wrong" (falsch) or "completely wrong" (ganz falsch) when he disagreed with someone. Near the end of his life, when asked his opinion of an article by a young physicist, he sadly said "it is not even wrong" (das is nicht einmal falsch). I get the same sad feeling as I survey the state of ADR. I'm afraid that for many of the most respected writers in the field being wrong would be an improvement.
Six Ways To Sabotage A Mediation (12/08/08)
Feeling mischievous? Naughty? Maybe even a little spiteful, perhaps? Want to use that negativity to ruin your next mediation? Sure, why not? It's easy.
Mediate.com Blog Archive for December 8, 2008 (12/08/08)
This is an archive of the Mediate.com Blog for December 8, 2008.
Un marco etico para la mediacion (12/07/08)
A lo largo del desarrollo del campo de la resolución alternativa de disputas, tanto los mismos profesionales, el público, como las otras profesiones y los niveles de supervisión y control de servicios se han preocupado por formular estándares para la conducta ética en mediación
Recent Confidentiality Decisions ... In a Nutshell (12/01/08)
Jeff Krivis and Mariam Zadeh here offer a summary of decisions from across the country that has impacted the confidentiality protections afforded parties in a mediation.
Unlearning And Learning From Freud For Negotiated Solutions (12/01/08)
This essay is inspired by Sigmund Freud’s persuasive, imaginative and enigmatic writings on mental processes and their meanings. He was the founder of psychoanalysis and is psychology's most famous author. The relevance of Freud’s work is even manifested in popular language which has incorporated expressions that he coined such as “mechanisms of defense” and “Oedipus Complex.” The significance of his legacy remains disputed.
How Elder Mediators Differ from Other Eldercare Specialists (12/01/08)
The use of mediation in elder/adult family conflicts is still a rather new concept. Other eldercare professionals may seem threatened by the arrival of yet a new specialty group marketing to the same “boomer” population. There are certainly areas of overlap between elder mediators and elder law attorneys, geriatric care managers, and psychotherapists, yet there are also clear distinctions. And, there are many appropriate referrals to be made back and forth.
Congregation Conflict Resolution: The Member’s Role (12/01/08)
To you who are congregation members. You may not see yourself as a mediator or think that you have the skills to facilitate discussion, but I believe that God has ordained for you to play a vital role in helping your congregation address and resolve some of the terrible conflict that is hurting (and may be destroying) you. You have within you the ability to help your congregation set and establish an atmosphere where the resolution of disagreements and the end of strife becomes more likely than it is today. My hope is that you see it through this article, and begin to walk it out in your life.
Mediate.com Blog Archive for December 1, 2008 (12/01/08)
This is an archive of the Mediate.com Blog for December 1, 2008.
Yes, No or I'll Think About It (11/24/08)
Whether in a divorce, a workplace dispute, or a conflict with a neighbor, it’s easy to get caught up in defending our own behavior and point of view. This is especially true when we are dealing with a high conflict person.
A Glimpse into the Separation of Two Gay Couples (11/24/08)
Gay couples, not unlike straight couples, have different stories to tell, different issues to resolve. Yet since Massachusetts’s legalization of gay marriages, the “divorcing” population can be divided clearly into two distinctive sets: one group “living together outside of marriage” and the other “married.”
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