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How Mediate.com Benefits Mediators (11/05/09)
Mediate.com is in its 15th year and now averages over 13,500 daily visitors. In this article, Mediate.com's CEO summarizes how Mediate.com benefits mediators.
Decisional Errors – On the Field, On the Bench, In Negotiations (11/03/09)
The question is not whether humans make decisional errors, but how to compensate for them.
Mediators Calling For Climate Change Mediation Provision (11/03/09)
Mediators Beyond Borders (MBB) is calling on all delegates to include a mediation provision in the climate change treaty. Currently, the Kyoto Protocol includes negotiation, conciliation, arbitration, and judicial options, but not mediation.
Your Conflict Set To Music (11/02/09)
Consider how orchestrated music makes people relax. Dentists pipe it into their waiting rooms to calm frayed nerves, and mediators might do the same, but music can do much more throughout a mediation.
Moving The Goalposts - How To Craft A Mediator's Proposal (11/02/09)
In mediations involving commercial, business, contractual, employment, construction and insurance issues, the bottom line is most often dollars and cents. This is referred to as "distributive mediation," meaning that the size of the pie is predetermined, and the issue is limited to determining what size each claimant's slice will be. In my practice, I've developed a systemic method (sort of) through which I can narrow down my focus as much as possible in order to be able to insert my own proposal in a final effort to close the gap and obtain settlement.
Mediate.com Featured Blogs For November 2009 (11/02/09)
Here are the best of Mediate.com's Featured Blogs for November 2009.
The Three Major Characteristics Of The Judeo-Christian Model Of Peacemaking (11/02/09)
Dr. Ken Newberger has recently published a book entitled, “Hope in the Face of Conflict.” Born out of a Western worldview, he presents what he has identified as the 12 stages of the “Judeo-Christian Model of Peacemaking.” The following is an excerpt from his book. This chapter highlights the three major characteristics of the model.
Old Friends, the Internet and Mediation (10/27/09)
A short trip to the SF Bay Area this past weekend provided me with an enhanced understanding of how integrated electronic communication has become with the coordination of complex face-to-face events, be that a soccer game, hospital visitation or, perhaps, a difficult mediation.
God Is My Copilot! (10/26/09)
Remember that old WWII cinematic appeal to patriotism? Made a lot of us—at least those of us old enough to have been around—run out and buy a War Bond. I never expected the theme to reappear in the context of a mediation—but, then, lots of things happen at mediations we don’t expect.
Mediators And Industry Knowledge, Game Theory And Understanding Conflict (10/26/09)
Check out the range of opinions among litigators' clients on this still-hot topic in mediation circles over at the Business Conflict Blog (quickly becoming one of the most indispensable commercial mediation blogs on the web): Should Mediators Be Expert in the Field of the Dispute?
Elder Mediation Matters: Probate, Guardianship and Family Care-giving (10/26/09)
Conflict associated with estate matters, adult guardianship and family care-giving can tear families apart. Present decisions regarding an aging family member can be influenced by past history. More families will be faced with difficult choices as the population ages in growing numbers. Elder Mediation offers the opportunity to avoid going through the court system which can be costly, time-consuming and divisive. A skilled Elder Mediator can help participants focus on the future and arrive at creative solutions.
Seldom Does One Size Fit All (10/26/09)
Inter-alia the courts’ primary role is to make, interpret and define law and safeguard the public interests and social values. In contrast, ADR has come into more widespread use believing such formal processes have failed to afford real justice which would mean that parties deserve something more that what courts traditionally offer. It should not however be misled because ADR is not a panacea, anathema or a substitute to courts.
Making Settlements Last (10/19/09)
A settlement is meaningless if it the parties don't respect it. Parties who don't respect settlements simply see breach as another cost of doing business, accepting further litigation if they see the overall result to be profitable.
Conflict Management Coaching at the Transportation Security Administration (10/19/09)
In 2003, the Transportation Security Administration, (TSA), an agency of the U.S. Department of Homeland Security, initiated the development of an Integrated Conflict Management System (ICMS), as part of an innovative Model Workplace Program. A Conflict Management Coaching Program (CMCP) emerged early on as one of the many unique service delivery components of this ICMS. This article discusses how this innovative program was designed and addresses how the CMCP has emerged as an integral component of TSA’s ICMS.
You Know You're Taking It Personally When.... (10/19/09)
When you are involved with a high conflict person (HCP) whether personally or professionally, you have experienced how easy it is to get "hooked" into the conflict and how difficult it is to not take it personally. You can recognize the signs of taking it personally and learn how to manage your own emotions and work on solving the problem.
We Are All Online Mediators (10/19/09)
It is my suggestion only that we cease to romanticize face-to-face mediation communications to the exclusion of other mediation communications, as if other (electronic) communications are not just as valuable to the success of the mediation effort.
Divorce Mediation: Is Separate Always Better? (10/12/09)
It is our experience that the vast majority of divorce mediators in Middle Tennessee conduct all divorce mediations with the parties in separate rooms from beginning to end. This seems to be true regardless of whether the parties have children together, their ability to communicate effectively, or the general level of conflict they are experiencing. This article challenges the premise that “separate is always better” and asks whether automatically separating the parties in divorce mediation serves the parties well, especially long-term.
Let’s Be Clear, Mediation Is NOT Arbitration (10/12/09)
Sadly I see commentaries about mediation which do not seem to show consistency in the thinking that underlies it, nor a rigour in the practise that follows. Mediation is often described as a process which is more akin to what I understand to be arbitration, something which, in my view is fundamentally different from mediation.
New Approaches To Divorce Settlements In Times Of Recession (10/12/09)
Survey results published by The Institute for Divorce Financial Analysts in June 2009, indicate that the way in which divorce proceedings are being handled are changing, due in part to the current economic climate.
Mediate.com Featured Blogs for October 2009 (10/11/09)
Here are the best of Mediate.com's Featured Blogs for October 2009.
The Art and Science of Summarization in Mediation (10/06/09)
There is often nothing more important to a successful mediation than insightful summarization of the parties’ perspectives.
Congregational Conflict Resolution: The Pastor’s Role (10/06/09)
I am speaking to you, who are leaders of congregations. In my years of experience as an Elder, I have learned that addressing conflict is one of the most difficult things you are called to do. Because there is very little preparation or effective training in Bible college or seminaries, most leaders are ill-equipped to deal with the strife that arises in their congregation. In this article, I want to share with you a few things that I think will help you be better prepared for this task.
Avoiding the Next Generation of Climate Change Conflicts (10/04/09)
America's move toward an environmental friendly future and green economy is being challenged by an unexpected source: a decision making process that too often pits the concerns of local communities and conservationists against renewable energy developers. Industrial-sized solar and wind projects needed to reach carbon reduction goals and new transmission line corridors to be part of the Smart Grid are being opposed by many communities, resulting in political stalemate. The traditional command and control regulatory process is unable to deal with this complexity. This article puts forward a strategy for resolving political conflicts related to solar, wind energy and transmission line projects.
Timing Is Everything (9/28/09)
Timing plays an important role in all aspects of mediation. What time of day is the mediation occurring? Are there things to be watchful for if the mediation is occurring in a particular month? What if one party wants to move fast and the other wants to slow down the mediation? This article explores these issues and will increase your awareness about the importance of timing in mediation.
Confronting Psychological Challenges: An Interview With Daniel Shapiro (9/28/09)
This is an interview by Gini Nelson of Daniel Shapiro. Daniel is Associate Director of the Harvard Negotiation Project, and is on the faculty at Harvard Law School and in the psychiatry department at Harvard Medical School/McLean Hospital. He specializes in the psychology of negotiation. He co-authored with Roger Fisher the book Beyond Reason: Using Emotions as You Negotiate (Viking, 2005). Daniel founded and directs the International Negotiation Initiative, a Harvard-based project that develops psychologically focused strategies to reduce ethnopolitical violence.
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