New at Mediate.com
Employment Arbitration Agreements Reach Epic Status
Employees who contractually agree to resolve employment disputes in an individualized arbitration waive all rights to class actions or any other collective dispute process.
I’m Not Neutral About Neutrality: I’m Partial to Multi-Partiality
Embarking upon the journey of becoming a mediator led me into learning a new language, one that would be spoken both internally – (in how I would think about the mediation participants and their circumstances) - and externally – (in how I would interact with them).
7 Reasons Why You Should Keep Communicating
Miscommunication plagues divorces in numerous different ways.
Interview with Thomas Stipanowich
This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Responsibility in Mediation: Who has it? - Part 2
I love mediation because parties get to probe, understand, make choices, create options and arrive at mutual decisions, saying how they feel about this conflict.
Getting a Divorce? Mediate, Don't Litigate.
Getting a divorce? You have options that will allow you to pick the right people to help you do that, but there’s no one size fits all choice.
Disability Mediation : An Overview
This article is to give an over view of the use of disability mediation and a case study. The article will highlight some of the benefits of utilizing specialist mediators, confidentiality and why disability mediation works.
Interview with Andrew Schepard
This is the complete interview by Robert Benjamin with Andrew Schepard, a leading professor, editor and writer of family law and mediation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
“Trusting” the Expert
In its Smarter Living section on April 29, 2018, the New York Times posted an interesting article about how our unconscious biases can play tricks on us when it comes to experts.
Planners are No Long Generalists with a Specialty
There’s recent discussion in urban planning journals about the way professional city planners should be educated today. Having a conversation about planning in advance prevents many community-conflicts down the road.
Responsibility in Mediation: Who has it?
Mediation is a wonderful process and I love mediation but I do not want to see it get more complicated with “what mediators need to do” kinds of stuff.
Top Ten Ways To Protect Your Kids From The Fallout Of A High Conflict Break-Up
Joan is an author, therapist, mediator, and parenting coordinator with four decades of experience working with high conflict parents who are separating.
Interview with Larry Fong
This is the complete interview by Robert Benjamin with Larry Fong, a leading Canadian Family Mediator, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
Mediation as a Modern Alternative Dispute Resolution Device - part 2
In the spectrum of the recognized alternative dispute resolutions devices, mediation is perhaps the most flexible device allowing party control of outcomes through a structured process.
Mediator Ethics: The Quest for Justice LEP Litigants and Bilingual Mediation
This article discusses the ethics behind a mediator acting as a translator and drafting an agreement when there are dual languages.
The Gang of Fourteen
These are dark times, especially if you are part of the loose community of people who by virtue of nature and/or nurture, are of a mediative persuasion.
Interview with John Paul Lederach
This is the complete interview by Robert Benjamin with John Paul Lederach, a global leader in ethnic and cultural reconciliation, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Everything Is Important, Still Nothing Is Important
This article discusses using socially constructed realism to break through anchored positions in mediation.
Mediation as a Modern Alternative Dispute Resolution Device - part 1
Focusing on issues and discussion on confidentiality, this article also looks at participation requirements and enforcement of agreements.
A Modest Proposal
I’ve got no satirical purpose in my modest proposal and contrary to eating our young (like Jonathan Swift's original Modest Proposal), it is about learning from our young.
ODR for All: Digital Accessibility and Disability Accommodations in Online Dispute Resolution
The promise of online dispute resolution (ODR) depends on accessibility.
Interview with Michael Lang
This is the complete interview by Robert Benjamin with Michael Lang, former President of the Academy of Family Mediators and founder of the Antioch University conflict resolution program, filmed for the Mediate.com 'Views from the Eye of the Storm' Video Series.
Online Dispute Resolution: the “New Normal”
It may come as a surprise that online dispute resolution has been around for more than twenty years.
Reflections on North and South Korea
As I write these words, a meeting is being organized in Singapore between the US and North Korea, and it is worth reflecting for a moment on how it happened that the world suddenly changed.
Adult Kids of Divorcees Should Be Spared from the Drama
Many parents do not know how to help their adult children deal with divorce.
The Mann Gulch Fire
I follow the choroeographies and patterns of the craft we call conflict management, but every once in a while I help people really step out of the proverbial box they are in and discover (or stumble on) a peculiar new solution that seems to fit perfectly. Those are the golden moments I live for.
Embodied Conflict - Chapter II. The Neural Encoding Function
Embodied Conflict presents the neural encoding function in layman’s terms, outlining seven key characteristics and exploring their implications for communication, relationship, and conflict resolution.
Five Huge Benefits of Choosing Mediation
Let’s face it, divorce is messy and painful and can be very expensive.
3 Reasons Agreements Get Derailed: Tales of Team Conflict
If you have a dynamic “living system” there is no silver bullet for perfect team behavior or production - and you wouldn’t want it any other way!
Interview with Leonard Riskin
This is the complete interview by Robert Benjamin with law professor Leonard Riskin filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
Introduction to Embodied Conflict: the neural roots of conflict and communication
Embodied Conflict presents the neural encoding function in layman’s terms, outlining seven key characteristics and exploring their implications for communication, relationship, and conflict resolution.