Featured Blogs Section

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

Featured Blog Posts


Lorraine Segal

The Zen of the Gym (part2)–What I’ve learned about workplace conflict resolution at the gym

(1/20/17)Lorraine Segal

Rather than trying to micromanage and control when I got to use the weight machines or a bench, I wanted serenity and harmony instead of getting my way at others’ expense.

F. Peter Phillips

Supremes Grant Cert on NLRB Challenge to Class Waiver

(1/20/17)F. Peter Phillips

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.

Tammy Lenski

Think With Your Hands for Better Problem Solving

(1/20/17)Tammy Lenski

New research is challenging the notion that thinking, problem solving, and decision making take place strictly in the head. And finally giving me some credibility when placing interactive toys in the middle of my mediation table.

Joe Markowitz

Attitude

(1/20/17)Joe Markowitz

Parties in conflict may face a choice among various modes of conflict resolution--litigation, arbitration, mediation, or some other formal or informal process.

Secondments in International Arbitration

(1/20/17)John Lande, Daniel Dilor, Raul Pereira de Souza Fleury

Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best strategy to achieve the best possible outcome for your client, combined with the complexity that a single case can reach and the many instances in which a sovereign State is involved, as in investment and State-to-State arbitration.

John Lande

What is Negotiation, Anyway?

(1/20/17)John Lande

What is Negotiation? Actually, it is surprisingly difficult.

Tammy Lenski

Pattern Interrupt: Before you send that email…

(1/13/17)Tammy Lenski

There’s a difference between being justified in your response and the response being a good choice.

Jeff Thompson

The Importance of Control During Crisis Incidents

(1/13/17)Jeff Thompson

If a person is in crisis, the odds are they feel like something important is missing- control.

Jan Frankel Schau

Why Civility Matters in Mediation

(1/13/17)Jan Frankel Schau

We are living in interesting times here in America. It is the first time in my lifetime that I can recall a conscious effort to keep my politics and views on issues of ethics and morality to myself–rather than risk making enemies of those whom I trusted to be friends.

John Lande

Building Common Ground Between Bubbles - Part 5

(1/13/17)John Lande

President Obama gave his farewell address, which dealt, in part, with building common ground between people divided across so many boundaries.

Jason Dykstra

Learning to Love

(1/06/17)Jason Dykstra

This article discusses a New Year's Resolution for bettering relationship and communication.

Beth Graham

Empirical Findings on International Arbitration: An Overview

(1/06/17)Beth Graham

In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration.

Jan Frankel Schau

Barriers to Settlement: Fear of Regrets

(1/06/17)Jan Frankel Schau

Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.

Sabine Walsh

New Year’s Resolutions for Mediators

(1/06/17)Sabine Walsh

This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them.

John Sturrock

Mediation Kindness in 2017?

(1/03/17)John Sturrock

Even with the inspiration of others, it’s understandable that we sometimes think the world’s problems are so big that we can do little to help.

Joe Markowitz

Family Business Disputes

(1/03/17)Joe Markowitz

Problems that arise in running a family business sometimes manifest themselves as legal claims.

Phyllis Pollack

Stepping Outside of Ourselves

(1/03/17)Phyllis Pollack

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false.

Patricia Porter

Renewing And Strengthening Relationships In The New Year

(1/03/17)Patricia Porter

As you enter 2017, reflect and commit to being intentional on the small gifts you can provide to strengthen, honor and acknowledge those important relationships in your life. Here are some ideas to consider.

Stephen McDonough

Family Business Mediation: Solving Legal Issues Without Going to Court

(1/03/17)Stephen McDonough

Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation extend to more than just familial problems.

Lorraine Segal

The Truth about Pirate Jenny –why revenge doesn’t solve workplace resentments

(12/23/16)Lorraine Segal

This article discusses why revenge doesn’t solve workplace resentments.

Richard Peachey

Be Prepared for Life's Stressors

(12/23/16)Richard Peachey

This article examines why scouts and guides have better mental health in later life.

Dan Simon

Same Transaction, Different Interaction

(12/23/16)Dan Simon

Different interactions can cause you to become interested in transactions that you previously were not interested in.

Jeff Thompson

'Captive in the jungle' An Account From A Hostage Held By Terrorists

(12/23/16)Jeff Thompson

Marites Flor was held hostage in the Philippines alongside Canadians John Ridsdel and Robert Hall. She survived. They didn't. This is her story.

Jason Dykstra

What to Think About When Your Business is Breaking Up

(12/19/16)Jason Dykstra

It is possible to survive a business break-up without conflict destroying you.

Charlie Irvine

Mediation and Research

(12/19/16)Charlie Irvine

Does mediation do any good? Does it make the world a better place?

Tammy Lenski

A Surprisingly Effective Substitute for Unsolicited Advice

(12/18/16)Tammy Lenski

Want to break the advice-giving habit but aren’t sure what to do instead?

F. Peter Phillips

NY Times: “Arbitration” = Secretive and Unfair

(12/18/16)F. Peter Phillips

On the front page of a New York Times there was an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 “sham” accounts were established.

Ken Blanchard

Servant Leadership Sets People Up For Success All Year Long

(12/09/16)Ken Blanchard

This is a diagnosis for workplace mediators to include in their trainings.

Maria Simpson

And Then There's Wells Fargo

(12/09/16)Maria Simpson

Internal conflict resolution systems save huge amounts of money for their organizations.

Meredith Richardson

How to Give Your Spouse the Best Christmas Present Ever

(12/09/16)Meredith Richardson

When things are going well in a marriage, when you've been together for years and years, you can take your spouse for granted.

Phyllis Pollack

Exception to Mediation Confidentiality: Moving Forward

(12/09/16)Phyllis Pollack

On December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to discuss its Study K-402-Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct.

Geoff Sharp

A New Seat at the Mediation Table? The Impact of Third-Party Funding on the Mediation Process

(12/09/16)Geoff Sharp

Third party funding (TPF) of claims has been around for quite some time. Historically however, some jurisdictions have prohibited a stranger to a lawsuit financing the claim of another in return for a share of the spoils.

Dan Simon

Strength and Responsiveness in the Time of Trump

(12/02/16)Dan Simon

Transformative theory acknowledges people’s propensity to fall into a vicious cycle of feeling threatened, losing compassion for each other, and then behaving in ways that perpetuate or worsen those experiences.

Alberto Elisavetsky

Seis Claves de un Mediador Para ser Feliz… o al Menos Intentarlo

(12/02/16)Alberto Elisavetsky

La felicidad se construye con actos en el día a día que te hará ser consciente de que transitas junto a ella.

Beth Graham

Online Dispute Resolution: Stinky, Repugnant, or Drab

(12/02/16)Beth Graham

Professor Robert Condlin, University of Maryland Francis King Carey School of Law, has written an interesting paper entitled, “Online Dispute Resolution: Stinky, Repugnant, or Drab.”

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