Featured Blog Posts
(7/22/16)Jim W Hildreth
This post describes another tool that mediators can add tot heir toolbag.
(7/22/16)John Paul Lederach
A blog series from Dr. John Paul Lederach, Humanity United Senior Fellow, exploring the challenges of social fragmentation and conflict with a focus on reconciliation, social healing, and human flourishing.
This article provides a self-reflection checklist for mediators to consider following a mediation.
In his publication, “Are Rules Allowing Arbitral Sanctions a Mirage?,” Mr. Morrow discusses whether an arbitrator may use permissive procedures to impose sanctions beyond those currently available by judicial decree.
Being confrontational will usually do you more harm then help. Here’s a mediator’s tip for how to confront someone and raise an issue for discussion without being aggressive or argumentative.
A recent study out of Columbia University suggests that nice mediators finish last.
Canada does not pay ransom to terrorist kidnappers. It only feeds their appetites. The best way to fight this wave of violence is to say no.
Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.
Our intent in a recent training was to provide new mediators training in parenting plan mediation, we received so much more. Over the course of the weekend, I found myself reexamining some of my beliefs about mediation practice.
(7/15/16)Jan Frankel Schau
This was an interesting week. I mediated three contentious, litigated matters. I did something a bit out of the ordinary for that phase of the mediation . . .
There are right ways and wrong ways to say “I am sorry”. Most of us have figured out the wrong ways… by accident.
Someone renting the house across the street from us has been blasting loud music very late at night, and I've been wondering how to deal with it.
Coming into a role where you are expected to get others to work together efficiently and effectively to create the best possible product or service isn’t an easy task.
Sometimes as part of an investigation, you have to determine whether a policy is inherently flawed or whether a manager is applying it incorrectly – intentionally or not.
(7/11/16)F. Peter Phillips
Richard Nixon was responsible for many teaching moments. One of my favorites is the advance in American appreciation of the difference between the passive voice (“Mistakes were made”) and the active voice (“I made mistakes”).
One of my summer 2016 projects is sorting past articles by conflict resolution skill. I’ve just completed the next on the list: Dealing with difficult behaviors.
You may have heard about the lawsuit that Gretchen Carlson filed against Roger Ailes.
Every attorney who works as a litigator knows that litigation is a stressful and often frustrating exercise.
In some circles, name-calling is considered to be counterproductive in a mediation session.
Last month, the United States Court of Appeals for the Fifth Circuit upheld an arbitrator’s decision awarding a Texas-based law firm $1.45 in unpaid legal and expert witness fees.
For decades, non-verbal communication has been lauded as an important part of establishing connection and understanding with others. Now a new study suggests non-verbals aren’t as key as we think.
So one measure of assessment in a grievance or disciplinary investigation is whether the behaviour fell below the standards of the ‘ordinary reasonable person’ in the same situation – the famous ‘man on the Clapham Omnibus’.
As a former member of the IRA, and one who admits to violence, Sean O'Callaghan has clearer insights into this concept than a lot of commentators and psychologists who have not gone through this process and, more importantly, rejected it. His comments, made after the violence in France, are equally applicable to Orlando.
(6/27/16)F. Peter Phillips
David Hoffman‘s capacity to lead by inspiration is unparalleled. When you attend a program or lecture by David, you feel as if he’s talking to you over a table, sharing stuff that matters to him in the hope that it will matter to you, too.
Behind closed doors, in more than 500 locations across England and Wales, a network of National Family Mediation (NFM) services are meeting separated couples attempting to resolve their disputes over money, children and property – without a courtroom battle.
How to deal with difficult people? It’s one of the most frequent questions I’m asked.
I taught an online negotiation course for the first time this spring.
Brexit: should Britain remain within the European Union or leave? The proponents on both sides have been quite strong in their respective positions accusing each other of exaggeration, if not misrepresentation.
“Hey Mick, what are you doing hammering on that boulder?” To which Michelangelo responded, “There’s an angel inside and I’m trying to let it out!”
On June 1, 2016, the California Law Revision Commission (CLRC) held its meeting in Sacramento and, as in the past, took up mediation confidentiality as the last item on its agenda.
I’ve just returned from a week in Vientiane, the capital of the Lao People’s Democratic Republic, and that week away gives me both a [slight] excuse for a late blog entry and a couple of reflections on the outsider/observer role of both mediator and tourist.
The breakup of a marriage almost always involves some level of conflict between spouses, but the process of litigation during divorce ratchets that conflict up to a level of devastation for all members of the immediate and even extended family.
Even though it is vital to know conflict resolution skills yourself, it’s also vital to know when to call a third party for help.
I tried to figure out an answer for the client. Then went home and withdrew into myself.
(6/06/16)Ronald S. Kraybill
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By adopting practices of interaction largely stripped of symbols and moments to engage Depth, we cut ourselves off from the most powerful source of energy for creativity, connection, and change available to us.