Featured Blog Posts
“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
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.
It seems lately everyone is trying to classify disputes. Well, never let it be said that I wasn't one for jumping on the bandwagon.
The C-suite, the Board, senior management – call it what you will, those at the top of an organisation are as prone to conflict as the rest of us. But even more than the staff base, senior management are reluctant to use mediation.
I’ve had repeated requests for the language I use to describe and define common conflict resolution terms like dispute, conflict, mediation, and facilitation. Here’s the language I use and a PDF download suitable for printing.
An endgame is the strategy you plan for how you will play your last hand or your remaining chess pieces or the end of the race to ensure the outcome you want. Sometimes those strategies work and sometimes they don’t, but it’s the plan we put into place to get a desired result, and then we hope it works.
Although public perceptions are important indicators about the functioning of the court system, they are subject to biases and should be supplemented with other indicators.
This article is the talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic.
More evidence that the practice of law has changed in fundamental ways: Employee representatives agreed that they prefer to resolve employer-employee disputes without litigation if possible.
Are you a risk taker? Or, are you a risk averter?
One of the most common illusions that new coaching clients have is that by working with me they can somehow find tricks or techniques to convince the other person to think and behave differently.
What does it mean to hold the space for someone who’s trying to get somewhere different in a conflict?
SWAT negotiation team discusses whether online technology in gun standoff helped resolve their dispute.
Arbitration is in crisis. Under fire as an oppressive, claim-suppressing method of dispute resolution, imposed by businesses upon unsuspecting employees and consumers, arbitration is also becoming increasingly unpopular with its original designers – businesses in commercial disputes with other businesses
Two words, distinctly different meanings. Yet often confused by the eye, ear and mind because the words are spelled somewhat similarly and maybe sound alike to people when spoken. Yet it's useful to distinguish between the two for when a stressful situation arises and we find ourselves in critical need of help.
President Obama came to prominence in 2004 with a speech in which he argued that there isn’t a red America and a blue America but rather a single United States of America. Looking back twelve years later, this may seem like a rather odd notion in a country riven by intense political polarization.
Whakawhanaungatanga is a Maori process for establishing relationships. In the following interview I explore the tradition, identity, trust-building, and conflict resolution with New Zealanders Hilary Unwin and Pereri Hathaway.
Disabled people are significantly more likely to experience unfair treatment at work than non-disabled people.
(5/06/16)Ronald S. Kraybill
As you become aware of diverse conflict styles, you can easily use the two step discussion process, a conflict resolution strategy that can be surprisingly effective.
For years, family law litigators were the go to persons to facilitate the distribution of property, support obligations and the plan of care for children of the relationship between separating couples.
Professor Leslie examines the legislative intent behind the Federal Arbitration Act and argues the law was never meant to be applied to consumer contracts.
There is an audio file stored on my mom’s computer, labelled “The Bad Call.” It’s a recording of a two-minute call between her and me on Sept. 9, 2009. I had, at that point, been a hostage in Somalia for over a year.
I read an article on CNN that explains that when surgeons and other medical providers apologize after they’ve made a mistake, people are less likely to sue. What I found hard to swallow was that the story was considered newsworthy.
A few weeks ago, I discussed the paradox of Avoidance and Engagement. Parties engage in mediation to avoid further litigation or prolonging the dispute yet at the same time, they avoid each other during the mediation (through the use of separate sessions) to engage in settlement negotiations.
(4/29/16)Michael P. Carbone
Mediators, like other dispute resolution professionals such as arbitrators and referees, are commonly referred to as "neutrals."
(4/29/16)F. Peter Phillips
A group of sharp and experienced thinkers on the mediation process offered a panel at the recent ABA Dispute Resolution Section meeting in New York before a packed crowd of just-as-sharp practitioners on the topic “Reevaluating the Role of Autonomy in ADR.”
Workplace mediators are able to influence the way the parties approach the content, interaction and process of their conflict. And they do this by selecting an intervention from a “continuum of power and influence” which moves from indirect through direct to coercive.
I used to get into small verbal arguments with other members using the machines, partly out of my own impatience, and partly because they were violating the rules of courteous use.
New research has identified six elements to an apology, and the more of those elements you include, the more effective your apology. Two are particularly crucial to having your apology accepted.
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Michael Z. Green (Texas A&M) recently spoke on “Civility and Mediation as Workplace Responses to Conscious Disregard of Racially-Biased Behaviors.” Like this title, Michael’s talk was provocative, stuffed with information, and at once idealistic and critical.