Featured Blogs Section

A list of current Mediate.com Featured Blogs is here. Blog policies are here.

Featured Blog Posts


Maria Simpson

So Much Anger to Manage! Part 2

(8/26/16)Maria Simpson “Anger management works – if you’re not angry.”
Ian MacDuff

The Power of the Unexpected Question

(8/26/16)Ian MacDuff As mediators, it is great to reflect on the challenge and the power of finding just the right question – usually one that can’t be planned, but one that reflects an intuition about what “tweaks” the conversation could withstand and what might just provide a new direction.
Phyllis Pollack

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

(8/26/16)Phyllis Pollack During the past year, there have been two interesting developments regarding mediation confidentiality.
Beth Graham

The Arbitrator Survey: Practices, Preferences and Changes on the Horizon

(8/26/16)Beth Graham Ms. Sussman discusses her recently conducted survey regarding the preferences and decision-making of 401 domestic and international arbitrators.
Maria Simpson

So Much Anger to Manage!

(8/19/16)Maria Simpson Everybody seems to be angry lately, and a lot of people are writing about it.
F. Peter Phillips

New Book on Business ADR

(8/19/16)F. Peter Phillips The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”
Lorraine Segal

Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.
Constantin-Adi Gavrila

What’s In It For Us?

(8/19/16)Constantin-Adi Gavrila The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.
Dan Simon

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon The communication problems that happen in the mediation session might be symptoms of the conflict.
Patrick Moulsdale

How Do You Deal with Conflict as a Leader?

(8/12/16)Patrick Moulsdale A unique combination of nature, nurture and life experiences means that every one of us sees the world from a different perspective.
Tammy Lenski

A Quick Little Phrase to Stop Bickering in its Tracks

(8/12/16)Tammy Lenski Bickering, an argument about trivial matters, is one of those everyday bad habits that feeds the growth of destructive conflict in a relationship.
John Lande

A History Lesson in Negotiation

(8/12/16)John Lande One can look at our history as a 240-plus-year multi-party multi-issue negotiation in which our shared understandings have been revised and refined.
Anna Howard

The Kluwer Mediation Blog’s Summer Quiz

(8/12/16)Anna Howard For those of you looking for a little challenge in your spare time, please read on for the Kluwer Mediation Blog’s inaugural summer quiz.
Phyllis Pollack

Are We Our Own Worst Enemies?

(8/12/16)Phyllis Pollack An article, from the Harvard Law School Program on Negotiation entitled “Salary Negotiations”, focuses on negotiating the best salary possible, some of its points are equally applicable to negotiations in general.
Greg Bond

Brexit And The Tragically Flawed Mediator

(8/08/16)Greg Bond If Brexit were an ancient Greek tragedy, David Cameron would be the tragic hero.
Peter Woodin

Artists, Entertainers and Mediation: Where the paths meet

(8/08/16)Peter Woodin For creative artists, entertainers and performers – whether an author, painter, musician, actor or singer – disputes involving one’s work can be deeply personal.
Beth Graham

Special Masters: A Different Answer to a Perennial Problem

(8/08/16)Beth Graham Disputing is proud to announce that “Special Masters: A Different Answer to a Perennial Problem” by Merril Hirsh, James M. Rhodes, and Karl Bayer has been published in the most recent edition of the American Bar Association’s Judges’ Journal.
Jan Frankel Schau

Appreciating Diversity and Preaching Tolerance in Mediation

(8/08/16)Jan Frankel Schau So many conflicts seem to arise out of a simple lack of tolerance. Whether it arises from diversity of style, world-view, religion, values or backgrounds, folks sometimes just shut down and refuse to engage with others–and then trouble brews.
Jason Dykstra

When Did Asking Questions Become a Sign of Weakness?

(8/05/16)Jason Dykstra The other day I heard a story about a mom that had decided to go back to school to get her Masters Degree to further her career.
Michael A. Zeytoonian

Replacing the “Blame Game” with Something Better

(8/05/16)Michael A. Zeytoonian In one of the strangest presidential campaigns in American history, one common theme stands out, unfortunately – that of finding fault with the other side. For whatever reasons, politicians spend too much time talking about what their opponent is or has been doing wrong
Maria Simpson

Do Organizations Bully?

(7/29/16)Maria Simpson I received an interesting update from Civility Partners last week on bullying, citing research showing that “education, government and healthcare are three industries where bullying seems to really thrive.”
Michael P. Carbone

The Convening and Other First Steps

(7/29/16)Michael P. Carbone It's that time. You've just returned to your office from a case management conference.
Jason Dykstra

Practicing Forgiveness, Holding Boundaries

(7/29/16)Jason Dykstra Several months ago, a friend asked me how one goes about practicing forgiveness with respect to someone who persists in crossing relational boundaries, making unkind remarks, refusing to take responsibility for his/her behaviour, etc.
Lorraine Segal

We’re All in This Together: Listening to Each Other in Troubled Times

(7/29/16)Lorraine Segal This article discusses hope and despair in the landscape of today.
Jim W Hildreth

Mediation and Yoga

(7/22/16)Jim W Hildreth This post describes another tool that mediators can add tot heir toolbag.
John Paul Lederach

How Does Humanity Unite?

(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.
Charlie Young

Self-Reflection Following A Mediation

(7/22/16)Charlie Young This article provides a self-reflection checklist for mediators to consider following a mediation.
Beth Graham

Are Rules Allowing Arbitral Sanctions a Mirage?

(7/22/16)Beth Graham 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.
Tammy Lenski

How to Confront Someone Without Being Confrontational

(7/22/16)Tammy Lenski 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.
Eric Slepak

Tough Love

(7/22/16)Eric Slepak A recent study out of Columbia University suggests that nice mediators finish last.
Jeff Thompson

Hostage Negotiations: There are no simple answers, just harsh dilemmas

(7/15/16)Jeff Thompson 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.
Beth Graham

Dallas COA Compels Arbitration in Injured Nurse’s Lawsuit Against Former Employer

(7/15/16)Beth Graham Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.
Dan Simon

Mediation Center Director Re-Inspired by the Transformative Approach

(7/15/16)Dan Simon 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.
Jan Frankel Schau

A Funny Thing Happens when People Talk to One Another in Mediation

(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 . . .
Phyllis Pollack

It Ain’t Easy To Say “I am Sorry”

(7/15/16)Phyllis Pollack There are right ways and wrong ways to say “I am sorry”. Most of us have figured out the wrong ways… by accident.
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