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READ & SEARCH NEWS
07/04/2015

Ben Affleck and Jennifer Garner to ‘seek mediation’ after ending their 10-year marriage

Ben Affleck and Jennifer Garner are getting divorced after 10 years. A source close to the couple told People that they intend to ‘seek mediation’ to work through this tough time.


FMCS Mediators Assist Energy Department and Industry Groups Establish Groundbreaking Energy Savings Standards

In what has been hailed as the biggest energy-saving standards rulemaking in Department of Energy history, the Federal Mediation and Conciliation Service (FMCS) assisted industry, government and advocacy groups to achieve major new consensus energy standards for commercial heating and air conditioning equipment. These standards could save nearly 15 quadrillion BTUs (quads) of energy over 30 years and reduce energy consumption and costs by billions of dollars over the lifespan of the equipment.


Middle East construction disputes almost double

Construction disputes in the Middle East region grew to their highest value since 2011, growing to $76.7 million last year. Arcadis building consultancy, in its report ‘Global Construction Disputes: The Higher the Stakes, the Bigger the Risk’, says the value of disputes rose almost doubled the previous year’s total of $40.9 million in 2013 (increase of 88 percent).


Strip Club to Pay Dancers $6 Million in Mediated Class Action Settlement

The owners of one of South Florida's most popular strip clubs have agreed to settle a big-time class-action lawsuit filed by former dancers over pay. The parent company that's behind Scarlett's Cabaret in Hallandale Beach as well as two other clubs agreed to fork over $6 million. That means more than 4,700 current and former dancers might be entitled to a payout.


Pender school board to seek budget mediation

The Pender County Board of Education approved a resolution that will — probably Monday, but no later than Tuesday — bring the school board and the county commissioners into mediation.


Seminoles seek mediation in stalemate over blackjack

The Seminole Tribe of Florida on Wednesday asked Gov. Rick Scott to enter into “dispute resolution” after failing to ink a deal with the state to keep blackjack at its casinos. In a letter sent to Scott and legislative leaders, tribal chairman James Billie also said the Seminoles may have grounds to keep offering card games and not pay the state millions of dollars each year.


Runners Without Borders Brings Jewish And Arab Teens Together

A group of teens in Jerusalem is making strides toward interfaith understanding. Runners Without Borders brings young people from Jewish and Arab homes together for spirited runs on one of the most hotly contested pieces of real estate in the world.

READ & SEARCH NEWS
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Josh Kadish


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In nothing do men approach so nearly to the gods as doing good to men.

New at Mediate.com

J. Kim Wright
What is Integrative Law? The Emergence of a New Legal System (7/02/15)
J. Kim Wright
The author describes the pillars that have developed and appear to be the foundation of the Integrative Law movement and the emergence of a new legal system.

John Sturrock
In An Interdependent World There Is No Them And Us, Only Us (6/29/15)
John Sturrock
The old certainties are gone. The disruption caused by the General Election result will inevitably cause instability - and opportunity. Now is the time for new thinking, a break from the old paradigms. You don't solve your problems by using the same thinking that got you into them, as Einstein would say.

Charlie Irvine
“Justice” Report for England and Wales: A Missed Opportunity for Radical Change (6/29/15)
Charlie Irvine
"Justice," a UK think-tank committed to legal reform, launched a new report in April 2015 entitled "Delivering Justice in an Age of Austerity". It proposes significant changes to the justice system of England and Wales, including a new character, the "Registrar", who would have powers to mediate, provide early neutral evaluation, dismiss cases or refer them to a judge. The article provides a detailed critique of the proposals, concluding that despite great merit, they extend the "shadow of the law" by making early neutral evaluation the default. A more radical and empowering change would have been to make mediation the default, with ENE and adjudication the remedial alternatives.

Don Gordon
Solving the Growing Never Married Parent Dilemma for Courts and Divorce Professionals (6/29/15)
Don Gordon
Almost one of every four births today are to unmarried, cohabitating couples. This represents an 80% increase. It used to be that marriage was the norm when pregnancy was involved. Now it is not.

Richard Bone
Avoiding the Uncertainty of a Medical Malpractice Trial (6/19/15)
Richard Bone
Alternative dispute resolution (ADR) provides viable and attractive alternatives to jury trials as a means of resolving medical legal disputes arising out of allegations of professional negligence. The two primary alternatives to a jury trial for medical malpractice cases are mediation and binding arbitration.

Jay Rothman
The Cincinnati Police-Community Relations Collaborative as a National Model for Improving Police-Community Relations Today (6/19/15)
Jay Rothman
The US is now facing national crisis and vigorous discussion about the faults of its criminal justice system, particularly around the African American community and its encounter with the police. This is an opportune moment to take stock of lessons learned from The Cincinnati Collaborative, hailed as national model for police-reform and improving partnership and problem solving between police and community.

John Sturrock
Making Better Use of Mediation to Resolve Disputes and Manage Difficult Issues (6/19/15)
John Sturrock
Mediation encourages parties who have – or who anticipate having – differences, conflict or a dispute to sit down and talk, with a view to finding a mutually acceptable way forward. It is usually most appropriate when, for a number of reasons, people are unable to negotiate effectively for themselves or have reached some sort of impasse or deadlock. It recognises that direct negotiations can be difficult in many situations. It can also be effective to prevent awkward situations escalating.

Michael A. Zeytoonian
Why Taking the High Road to Deflate “Deflategate” is Important (6/19/15)
Michael A. Zeytoonian
It’s the most talked about dispute in New England and in sports these days. Deflategate. But really, how important is this issue? Whether the league rule was violated and footballs were intentionally deflated to a weight less than the range allowed. On a scale of 1 to 10, 10 being most important, this topic is a 1, if that. Ask anyone who ever played football, at any level.


Designing a Successful Parenting Plan (6/17/15)
Don Gordon, Jack Arbuthnot
Here are several important issues you should think about as you design your parenting plan. A child needs the love and affection of both parents, but they also need both as teachers. These roles should override your desire to “own” your children.

Zachary Ulrich
Not All Mediation Educational Programs Are Worth the Time or Money (6/12/15)
Zachary Ulrich
Given the rapid expansion of the mediation field over the past several decades, an increasingly important question for young and aspiring mediators is whether it is worth the time and/or money to invest in what are, in many cases, quite extensive mediation and dispute resolution training programs that have popped up around the world.

Mattie Robertson
Compliance Success with Mediated Settlements in Small Claims (6/11/15)
Mattie Robertson
A report on the success of mediated settlement agreements by SEEDS Community Resolution Center's mediation team in Small Claims Court in Alameda County. High compliance with settlements has provided litigant parties with a reliable and effective way to resolve their cases using interest-based negotiation within a community mediation model.

Laura Athens
Overcoming Reluctance to Engage in Mediation (6/11/15)
Laura Athens
Many attorneys know and appreciate the benefits of mediation.  Those who are familiar with the benefits of mediation readily propose and eagerly participate in it.  However, should you encounter any resistance, how can it be addressed?

John Ford
The Future of Mediation (6/09/15)
John Ford
A coach once asked me to predict which way a drop of water would go around a rock up ahead. Of course there is no way of knowing: the water drop may not make it due to evaporation to the atmosphere, absorption by the river bank, and then if it does make it to the rock, whether it goes left or right, over or below. However, even if the future is uncertain, we can still comment on where the drop of water is at the moment. Even its relationship to our imagined future. And of course about its past.

Brian Jerome
Musings of a Long Time Arbitrator (6/05/15)
Brian Jerome
Musings of a Long Time Arbitrator reflects on the positive and challenging aspects of serving as a neutral, in a manner both realistic and humorous. Similar practitioners will be able to immediately relate, and those that seek or utilize the services of ADR providers will get a direct look at the implications of a neutral’s daily reality.

Larry Gaughan
Beyond “Divorce American Style": The Search for a More Responsive Process (6/05/15)
Larry Gaughan
Marriage is a high risk undertaking. Consider the statistics. In recent years the number of marriages each year is just over twice the number of divorces in the same year. So when two adults in their late 20’s – let’s call them Justin and Lisa - decide to get married and have an expensive wedding with all the trimmings, there is a good chance that they will also get divorced. And when they do, it wouldn’t be unusual for their divorce to cost as much as (or more than) their wedding and honeymoon.

Renita Spotser
Why Mediation Would Benefit In The Adrian Peterson Saga (6/05/15)
Renita Spotser
Adrian Peterson’s current situation needs a mediator…STAT! This article explains how mediation could be beneficial in the Adrian Peterson saga.

Richard Barbieri
Presenting Your Presentation: A Few Words (6/05/15)
Richard Barbieri
The passing of William Zinsser leads me to offer some suggestions on writing well in a specific context: applying to present at a professional conference, or seeking to attract participants to a workshop, based on over forty years of both writing and reviewing proposals.

Kenneth Cloke
Let’s Talk: Charlie Hebdo, Immigration, Terror and Prejudice -- Notes Toward a Proposal for Dialogue over Difficult and Dangerous Issues (6/02/15)
Kenneth Cloke
As wars, religious and political differences, and international problems such as global warming, environmental degradation and poverty expand their reach, importance and severity, stimulating mass migrations and deepening social tensions, we are increasingly forced to recognize that military solutions cannot succeed; that legal processes take too long to implement; and that diplomacy does not reach deep enough into the ranks of those who are drawn to violence.

Don Cripe
Settle Your Personal Injury Claim Before A Lawsuit Is Filed (6/01/15)
Don Cripe
As a retired lawyer who handled many personal injury cases (both as a defense lawyer and for plaintiffs), an Arbitrator and Mediator who has handled many, many more, some things become ever more obvious as the years pass. Resolving most personal injury cases before a lawsuit is filed (or at least before the defense files an answer) accomplishes most of the objectives of the parties more quickly and efficiently than after.

Charlie Mulvey
The Family Mediator's New Tool (6/01/15)
Charlie Mulvey
After setting forth the nexus that alcohol abuse and dependence has with both domestic abuse and violence, but also with high conflict parties, then briefly discussing the evolution and technological advances of alcohol detection devices, the Author recommends that every family mediator should be carrying one, both to ensure the safety and security of the mediator and parties, but also as a tool in negotiating child visitation and possession when alcohol abuse or dependence is alleged.

Denise Evans
Would Mediation Help Resolve the Dispute Between Taranaki and Tongariro? (6/01/15)
Denise Evans
The article is about what if ?mediation had been an option in Maori legend as a metaphor for disputes between family members.

Alessandra Sgubini Roxanne De La Roche
Managing the Cost of Conflict (5/22/15)
Alessandra Sgubini Roxanne De La Roche
Conflict is a common occurrence in society. It arises everywhere, among different types of parties, in different parts of the world, and for different reasons. If conflict is not addressed properly it can escalate and degenerate leaving serious consequences in its wake. This article explores the true costs of conflict, methods to address conflict, and how to prevent conflicts from escalating in the first place.

Dr. Lynne C. Halem
The Good Divorce (5/22/15)
Dr. Lynne C. Halem
“What is a good divorce?” you ask. “After all, divorce is not a good or a happy event.” Correct you are. Divorce cannot be logically characterized as “good,” if we are referring to the event itself. Divorce is a time of sadness, even regret; it symbolizes the end to dreams once held. “ So,” you ask again,” how can a divorce be good?”


Bush and Folger on Reclaiming Mediation’s Future (5/22/15)
Dusty and Vicky Rhoades, Dan Simon
One of the many things that Baruch Bush and Joe Folger have contributed to the mediation community is the stimulus to engage in difficult conversation about how we support participants in conflict. What informs our practice? What does it mean when I say that I’m committed to participant self-determination? Baruch and Joe’s recent article on Reclaiming Mediation’s Future and their challenge to return to “an original vision of the mediation field” has certainly stimulated conversation and strong reaction.

Uma Ramanathan
Advocacy in Mediation (5/21/15)
Uma Ramanathan
Advocacy is recommendation of a cause. Advocacy presupposes a difference of opinion or a conflict and the need to clarify the ‘knot’, get to understand the root cause and then acknowledge consequences. Mediation advocacy pre-supposes support by the mediator for resolution and projection of a cause by the counsel/ party.

Michael Aurit
We Are The Future of Mediation (5/18/15)
Michael Aurit
How will the future of mediation matter if a new generation of young mediators is not encouraged and carefully shepherded into our profession? Here’s to a future where we all may learn from one another, unite to overcome our profession’s greatest obstacles, and create the future that we imagine.


The 2016 Global Pound Conference Series! (5/17/15)
Deborah Masucci, Michael Mcilwrath
In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what might be the “greatest reform in the history of the country’s judicial system “. Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate in a series of unique thought leadership events around the globe under the auspices of a Global Pound Conference (“GPC”) series. The GPC has a remarkable goal: to shape the future of dispute resolution and access to justice in the 21st Century.


What Is A Humanistic Approach to Mediation? An Overview (5/15/15)
Mark S. Umbreit, Ted Lewis
A humanistic approach to mediation developed in parallel to the transformative approach to mediation in the 1990's. While fully harmonizing with transformative mediation, a humanistic approach brings several additional emphases that can deepen the work of mediators in both dispute resolution and restorative justice work. The 'human-element' is highlighted by giving greater attention to several humanizing capacities in mediation.

Charles Hill
More Online Mediation Needed Before We Can Measure Effectiveness (5/15/15)
Charles Hill
The author suggests that a larger number of cases must be mediated online before determining the effectiveness of any online methodology. The author draws similarities between the advantages and disadvantages often cited for online education and online mediation and contends that what we’ve learned in education can readily carry over to mediation.


Unbroken Circles for Schools - Book Review (5/15/15)
Ken Johnson, Barb Caffrey
"Unbroken Circles for Schools" is an excellent nonfiction read about conflict, social justice, and restorative justice. Mr. Johnson's premise is that our criminal justice system is doing juvenile offenders a grave disservice. Rather than sending juvenile offenders into the prison system (where they mostly learn only to re-offend), we need to teach the principles of restorative justice instead -- and where else should these principles be taught but in the schools?

Stephen Erickson
Where We Have Been, Where We Are, and the Road That Lies Ahead (5/11/15)
Stephen Erickson
Looking back as one of the early professional family Mediators, I believe we are a movement developed out of reaction to the excesses and misadventures of the way divorce was practiced in the early 1970s. Most of the early pioneers I worked with turned to divorce mediation out of frustration with the negative results of adversarial litigated divorce.

Boroka Ganyu
Conflict and the Mediator: Peace Within – Redefining Interpersonal Conflict (5/08/15)
Boroka Ganyu
This article introduces a feminine (emotional-relational) approach to interpersonal conflict. I will redefine interpersonal conflict as a mental representation, and as a basis for defining inner peace.


Getting to Yes – With Yourself -- Book Review (5/08/15)
William Ury, John Sturrock
“In the morning when I look at myself in the mirror, I like to remind myself that I am seeing the person who is probably going to give me the most trouble that day, the opponent who will be the biggest obstacle to me getting what I truly want.”

John Lande
Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes (5/08/15)
John Lande
We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel morally affronted by litigation, but that doesn’t mean that the litigation (and its attendant ADR processes) isn’t warranted or socially beneficial.

Sam Imperati
Video Presentation: 50 Ways to Break an Impasse: Tips, Tricks, Traps and Tools (5/08/15)
Sam Imperati
Parties and advocates can flounder in the intersection of logic and emotion. What if the parties’ goals are “distributive” and their “interests” are legal arguments? What if the participants are aggressive, intransigent and obnoxious? A “transformative” mediation would involve an exorcism, but that seems a bit “evaluative.” A “facilitative” mediation would require a PhD. This program will focus on “nuts and bolts.” Learn tips to dispense “reality therapy” and reach closure in the face of apparent impasse. Explore the psychology of decision-making, and learn practical tools for resolution. Learn tricks to reach settlement.

Robert Benjamin
Video Presentation: Game Playing in Negotiation and Mediation - Machiavelli’s Place At the Table (5/08/15)
Robert Benjamin
While often dismissed as disingenuous, irrational, or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies. The behavior offers participants protection and provides a lubricant for collaboration which can allow difficult issues to be managed constructively and creatively. This interactive workshop will offer an inventory of common strategies and devices, their applications, benefits, risks, and ethical limits.

Jason Dykstra
When Did Asking Questions Become a Sign of Weakness? (5/08/15)
Jason Dykstra
If you’re anything like me, you’ve probably also reacted poorly to a co-worker or an individual you manage. A quote by Edgar Schein recently jumped out at me when he said, “We are biased toward telling instead of asking because we live in a pragmatic, problem-solving culture in which knowing things and telling others what we know is valued.” We don’t have to look too far or hard to see what Schein is saying. Our bosses tell us what to do, our family and friends tell us what they would do in our particular situation, and each “expert” has an answer for us at the tip of their tongue.

Marilyn McKnight
Professional Divorce Mediation and The Future (5/08/15)
Marilyn McKnight
Today it really is a “Back to the Future” for me. Divorce Mediation will become the primary way to divorce. Divorcing families will become healthy and resilient, no longer harmed by adversarial divorce.

Sam Imperati
Ironically, Bush and Folger are Evaluative (5/04/15)
Sam Imperati
There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination. Their article attempts to redefine mediation in their own image. I push back at their attempt to elbow out any mediator that does not adhere to their transformative philosophy. No single approach has cornered the market on mediation, nor should it. Our collective approach to mediation should not be shackled by rigid doctrines; it should be varied and flexible, adapting to the desires of the parties we serve. This is real Self-Determination.

Maria Volpe
Mediation in the Future of Policing (5/04/15)
Maria Volpe
The future of policing must incorporate mediation. No other profession places its practitioners more in the middle of challenging situations; police officers are regularly expected to make difficult conversations work on the spot.

Don Cripe
Divorce: Emergency Tumor Removal Surgery (5/01/15)
Don Cripe
Analogizing health care with other emergent situations may be a stretch to some, but it is valid. Couples on the bumpy glide to divorce are almost always in pain; they are facing one of the most dramatic life changes they will ever experience (some social scientists liken divorce to the death of a family member); the finances of the crisis are always a concern; and life after divorce will be disrupted for an indefinite time.

Donal O’Reardon
Conflict and Psychological Development: “Six Stages of Conflict Reasoning” (5/01/15)
Donal O’Reardon
In the 1960’s the psychologist Lawrence Kohlberg (1927-1987) listed six stages of moral development. Kohlberg says these stages can’t be jumped, you have to go through them in order. And they are universal, they apply no matter what culture you’re in. With a little thought we can link these to conflict and conflict resolution. Kohlberg’s stages don’t only tell us about a person’s moral reasoning, they also tell us what kind of conflict they get into and how we can help them to deal with it.

Jim Melamed
Computer Uses in the Law Office - Yesterday, Today, and Tomorrow (4/29/15)
Jim Melamed
With the technologic advances over recent decades and their remarkable acceleration, it is clear that the legal profession needs to play a bit of catch-up by asking ourselves how can we best utilize all available communication capacities to elevate and expand the delivery of valuable legal information, advice, and services. Dream big! The future is not what it once seemed.

Paul Monicatti
A Top Ten List of Keys to Success in Court-Ordered Mediation (4/24/15)
Paul Monicatti
In an era of the vanishing trial, mediation advocacy is gradually replacing trial advocacy as the key litigator's skill. From a mediator with nearly 30 years mediation experience, here is a concise best practice list for the mediation advocate.

Uma Ramanathan
Torch Bearers in Mediation (4/24/15)
Uma Ramanathan
Goals, predictions, vision statement. Frame it in any manner, what stakeholders are looking for is the fulfilment of the promise of mediation.

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