Sharon Pickett - A Remembrance (1/05/09)
Carl Schneider 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)
Richard Sharp 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)
John Ford 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!
Plaintiff’s Personal Injury Attorneys Are Agonizing Over The New Medicare Reimbursement Laws (12/22/08)
Elizabeth Moreno 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)
Alan Sharland 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.
Why Mediation Often Works When Lawyers Haven’t Been Able To Settle (12/14/08)
Richard Barron 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)
Edward P. Ahrens 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.
Not Even Wrong (12/08/08)
Barry Goldman 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.
Un marco etico para la mediacion (12/07/08)
Nora Femenia, Ph.D 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
How Elder Mediators Differ from Other Eldercare Specialists (12/01/08)
Debbie Reinberg 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)
Lester L. Adams 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.
Unlearning And Learning From Freud For Negotiated Solutions (12/01/08)
Luis Miguel Diaz 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.
Yes, No or I'll Think About It (11/24/08)
Bill Eddy 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)
Dr. Lynne C. Halem 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.”
The Best People For The Worst Places (11/17/08)
Richard Barron From the end of World War II through the end of the 20th Century approximately 3.3 million people were killed in intrastate conflicts and over 16.2 million were killed in intrastate civil wars! Most people read those numbers, shake their heads, and move on to the next item. A very few people stop and decide that they must devote their lives to modify this proclivity of our species to kill each other on an incomprehensible scale for generally indefensible reasons.
The Boston Chicken Problem (11/10/08)
Barry Goldman Even if you have a great concept and great media buzz, even with fancy financing and even fancier accounting, somewhere underneath it all somebody has to be selling some chicken or the business model just will not work.
¿Qué mediador soy yo? (10/29/08)
Juan Carlos Vezzulla Metidos en la multidisciplina en que los cuestionamientos a cada ciencia surgen desde otras ciencias y los objetos de cada ciencia pasan a ser cuestionados y los parámetros tradicionales que nos daban información sobre nuestro ser profesional cayeron en la guerra de fronteras entre los paradigmas modernos y los posmodernos, ¿qué hacemos?
ZZZZZZZZ (10/27/08)
Edward P. Ahrens Have you ever nodded, dozed—slept?—through a mediation? Bet at times you felt like it. Most of the mediations I have conducted have some unique and interesting quality to them. They are my inspirations for many of these little dissertations, other than this one of course.
An Experienced Negotiator: An Interview with Chris Honeyman (10/27/08)
Gini Nelson This is an interview by Gini Nelson of Christopher Honeyman. Christopher Honeyman, Managing Partner, CONVENOR Conflict Management, based in Madison, WI and Washington, DC. He has led a fifteen-year series of large-scale conflict management research and development projects funded by the Hewlett Foundation.
An Unprecedented Mediation In Poland (10/20/08)
Anna M. Wróbel A few days ago the Polish media were savouring the news that the court had appointed a “professional mediator” in a lawsuit between Janusz Kaczmarek, former Minister of the Interior and Administration versus Jaroslaw Kaczynski former Prime Minister, now the chairman of the political party Law and Justice (PiS). Kaczmarek sued Kaczynski (civil case on infringement of personal goods) after being called „a sleeping agent” (communist agent, I presume). Such a statement is an insult in Poland.
Bullies At Work (10/14/08)
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.
Constructive Ambiguity In Neighbour – Neighbour Mediation (10/06/08)
Brendan Donaghy The term ‘constructive ambiguity’ is often attributed to Henry Kissinger and is a negotiating tactic used to cover up areas of disagreement or to save face of those taking part in negotiations. It is a technique most often seen in the context of international affairs, but can the same tactic be used in the less exalted surrounds of a neighbour – neighbour dispute? And if it can, is its use an example of good practice or superficiality in mediation?
Dealing With Worldviews In Interpersonal Conflict (10/06/08)
Anne Giacalone DiDomenico What fuels our daily experiences? Why are we so challenged by the dynamics of interpersonal relationships? Whether a CEO, a police officer, a parent, a lawyer, a news reporter, or a senator, we all face decisions on how to deal with the events of the day. The “how” is determined by our uniquely personal worldviews – the lens through which we interpret the world. Gaining an understanding of one’s personal worldview – its components and mechanisms – is a potent way to expand our ability to deal with conflict.
Lee Hamilton Receives Peacemaker Award from ACR (10/05/08)
Lee H. Hamilton, director of the Woodrow Wilson International Center for Scholars in Washington, DC and the director of the Center on Congress at Indiana University, has been awarded the Association for Conflict Resolution’s (ACR) Peacemaker Award.
John Haynes Distinguished Mediator Award Presented to Peter Salem (10/02/08)
Peter Salem, Executive Director of the Association of Family Conciliation Courts, was awarded the John M. Haynes Distinguished Mediator Award by the Association for Conflict Resolution (ACR) at its Eighth Annual Conference, September 24-27, 2008 in Austin, Texas.
Russian Peacemaker Receives ACR International Leadership Award (10/01/08)
In recognition of his leadership promoting creative processes that help people across the globe find peaceful solutions to conflicts, Shamil Fattakhov from Kazan, Russia, received the Association for Conflict Resolution (ACR) International Development Committee 2008 Outstanding Leadership Award.
Rule 68 and Offers of Judgment, Part I: How They Work and Why You Should Care (9/30/08)
John DeGroote I once had a client tell me: “I’m in the outsourcing business, not the litigation business.” He would probably read the title to this post and say something like: “I’m a client. Why do I care about rule anything?” Whether you are a client or a lawyer involved in US litigation, Rule 68 and similar state rules are important to you for two reasons: they can get cases resolved when nothing else can, and few lawyers use them effectively.
Improvisational Negotiation: Moving Away from Conventional Wisdom (9/30/08)
Improvisational Negotiation represents a particular mind-set and approach to negotiation that is flexible and adaptable to a fluid set of circumstances. In the Improvisational Negotiation realm, there are no steadfast rules, grids, or specific definitions that must be adhered to. Rather, the success of this technique stems from the willingness to replace the traditional “one size fits all” textbook approach with a style that focuses on the moment and is based on creativity, acceptance of uncertainty and willingness to take risk.
Negotiating the Economy: You Can't Save Your Face and Your Ass at the Same Time (9/30/08)
Victoria Pynchon If inaction is the answer (which I doubt -- see the Harvard Working Knowledge round-up of solutions from the smartest people in the room, here) our representatives should say so. If they're afraid of looking bad, we should get rid of the bums. If they're angry at Nancy Pelosi, they should get over it. Though Pelosi's speech is an example of the way that being hard on the people rather than on the problem can cause negotiations to break down, surely our elected representatives realize they can't pout their way through this crisis.
Tears In Mediation (9/29/08)
John Ford It is only a question of time before someone cries during one of your mediations. For a new mediator this can be unsettling. What does it mean and what intervention options are available and indeed advisable?
Fortalecimiento de la justicia laboral (9/22/08)
Ángela del Carmen Torres de Alberto Fortalecer es hacer fuerte, esto como es sinónimo de eficiente, el sistema; en el caso particular nuestro significa hacer cierta y eficiente y por tal efectiva la Justicia Laboral, dando cumplimiento sustantivo y procedimental a los principios contenidos en el CAPITULO II Derechos Sociales SECCION SEGUNDA de la Constitución de la Republica de El Salvador, Trabajo y Seguridad Social, por medio de la justa aplicación de las disposiciones del Código de Trabajo y de otros instrumentos legales sean estos de creación Legislativa o Ejecutiva y de aquellos de Derecho Internacional.
Taxi: Heaven For Mediation (9/22/08)
Luis Miguel Diaz Taxi is a small and little known society on Earth where humans unlearned the belief that authorities and rules were necessary for conflict resolution. Roberta who is an old and attractive woman has an informal and straight forward conversation with Ivan a young and inquisitive man. Both are open minded people.
Preparation for Mediation Puts Money In Clients’ Pockets (9/22/08)
Lee Jay Berman While all good attorneys prepare intensely for arbitration or trial, few put as much time into preparing for mediations. As the legal community continues to use mediation as an effective case settlement tool, it is becoming clear that attorney preparation plays a vital role in achieving a favorable result.
Contemplating My Navel and Conflict Resolution (9/14/08)
Laurie Israel At my age, I find my thoughts wandering backwards in time, with long-lost memories bubbling up occasionally. I ponder these memories and cherish them. I parse them for meaning, like dreams in the night remembered suddenly the next day, with a jolt of recognition into their inner meaning.
California Supremes Open Door Closed by U.S. Supremes (9/10/08)
John J. McCauley Every time I ask attorneys to identify the single worst drawback of arbitration, their overwhelming answer is “no appeal." With Arbitration comes the nightmare of losing for no good reason with no possible fix.
In March of this year, the Supreme Court closed the door to the best solution, finding that contracting parties who choose arbitration lack the power to write appellate review into their arbitration agreements. Hall Street Associates, LLC v. Mattel, Inc. (2008) __U.S.__, 128 S.Ct. 1396. Just last week, the California Supreme Court, addressing the very same issue under the California Arbitration Act, re-opened the door. Cable Connection, Inc. v. DirecTV.
Five Characteristics of Successful Family Law Practitioners (9/08/08)
Elizabeth Ferris I have been coaching and working with family lawyers, mediators and collaborative practitioners across North America and Europe for the past 8 years and have observed the characteristics of highly successful practitioners . Here are the five characteristics that I’ve found that work for practitioners who have succeeded in building a family law practice.
To Become Whole Again: Grace And Mercy In Mediation (9/08/08)
William S. Harralson This essay briefly examines Judeo-Christian conceptions of grace and mercy and the positive implications for the lives of disputants. Mediators are in a unique position to encourage individuals, under certain circumstances, to demonstrate grace and mercy towards their adversaries in order to facilitate reconciliation.
Rompiendo paradigmas del sistema juridico guatamalteco (9/07/08)
Waldemar Zetina Castellanos La disyuntiva existente en el ámbito jurídico guatemalteco consiste en asumir, si todo conflicto donde exista litis deba con exclusividad ser tratado en un proceso judicial o si por el contrario se permita la posibilidad de utilizar el procedimiento de la mediación como alternativa para la resolución de conflictos, instancia que permite economía de tiempo, voluntad manifiesta de las partes, entendimiento y uso del diálogo para llegar a acuerdos...
Evaluative Mediation Techniques Help Achieve Success (9/01/08)
Jeff Kichaven A March 2008 report of the American Bar Association's Task Force on Improving the Quality of Mediation confirms what is obvious to all who participate in commercial mediation: There is "overwhelming support" for the conclusion that lawyers want mediators to provide "analytical input," or, as we more commonly call it, "evaluative mediation." The marketplace has spoken.
Summarising (9/01/08)
Alan Sharland Summarising is the second effective communication skill which forms part of the cyclical process of Listening - Summarising - Questioning that promotes Effective Communication and Effective Conflict Resolution.
Mitigating High Conflict Divorce Disputes (8/24/08)
Brook D. Olsen High levels of parental conflict have consistently been shown to be among the most destructive factors in both intact and divorced families. Currently, we have an epidemic of children caught up in the chaos and turmoil of parental conflict.
The Shadow (8/18/08)
Edward P. Ahrens To paraphrase an old radio program: Who knows what lurks in the minds or faces or voices of men or women? Only the Shadow knows . . . and he ain’t here!
Impasse Is A Fallacy (8/18/08)
Lee Jay Berman I often wonder who invented the concept of impasse. Who first said, “We are stuck. We cannot go any further.”? Who decided that we should give it a name, acknowledge its existence, and make it the scapegoat for all that goes wrong with a mediation or negotiation?
Business Mediation:A Better Way To Resolve Workplace Conflict (8/11/08)
Marta J. Papa In a situation where there is no process for eliminating conflict other than litigation, resentments build up and productivity plummets. Currently, we are seeing a trend toward solving conflict in the workplace through mediation rather than litigation or other more traditional methods of dispute resolution.
The Importance Of Follow Up (8/11/08)
John Ford There was a time when I considered a follow up a courtesy, something non essential but ‘good’ to do. More and more, I am of the view that follow up is a vital part of any mediation, especially in workplace mediations where the disputants have worked out new behavioral arrangements.
