(9/17/21)Colin Rule, Jim Melamed
One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, Mediate.com has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation effective January 1. 2022.
Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.
While often dismissed as irrational, disingenuous, unethical or “Machiavellian,” game playing strategies and devices are a natural and necessary part of the negotiation and mediation of difficult issues and controversies.
(9/14/21)Jim Melamed, Forrest (Woody) Mosten
The Mediate.com Online Mediation Task Force is holding a free Forum on Friday, September 24 to review the Task Force's Final Online Mediation Report, Recommendations and Resources. Space is limited, so register early!
(9/14/21)Veronica Cravener, Colin Rule
We’re excited to finally share the news: we’ve launched a new Mediate.com Podcast, hosted by our good friend, mediator Veronica Cravener!
Why talk about negotiation tactics, manipulative moves designed to slant an outcome in one side’s favor more than the other, based on “tricks” or gamesmanship versus merit?
It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.
Many leaders are unable to de-escalate conflict themselves, let alone train their employees to do the same.
This article shows how to address double-standards and preaching without doing in a mediation.
Envision you are about to travel on a journey from a place of conflict to a place called resolution. As with any journey, there should be steps taken to ensure you will be as prepared as possible.
Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.
Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”
In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.
One of the things to think about when you are looking for a divorce mediator is whether they will meet with both of you together or will meet with you each separately.
There are certain reoccurring themes, which frequently surface and resurface during the conversations, taking place during mediation meet-ups. These themes are often deeply ingrained in the conflicts, parties have with each other.
I read a Mediation Agreement that struck me as odd, perhaps unenforceable, maybe even unethical
(8/20/21)Maria Victoria Marun
Much has been written about the future. However, when we read about "what will come" we see it as “something far away”.
I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.
(8/17/21)Clare Fowler, Colin Rule
This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.
(8/17/21)Jim Melamed, Forrest (Woody) Mosten
Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.
(8/16/21)Forrest (Woody) Mosten, Jim Melamed
Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.
(8/15/21)Jim Melamed, Forrest (Woody) Mosten
In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:
(8/13/21)Jennifer Schulz, Pat Bragg
What a fun, dense, and important read about mediation!
India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020. As part of the reforms to the justice system to better manage the backlog there has been a concerted push to ADR processes.
(8/12/21)Cinnie Noble, Patricia Porter
Conflict coaching, also known as conflict management coaching, is a one on one process in which a trained coach supports clients to strengthen their conflict competence, including their confidence and comfort to engage more effectively in their interpersonal disputes. This process may also be used for pre-mediation to prepare parties to participate more effectively in the mediation process or to prepare for any facilitated dialogue/discussion.
This paper seeks to draw upon the experiences of Nigeria as a growing mediation movement to serve as a blueprint for emerging mediation movements.
A great article emphasizing that mediators take the time to identify and learn useful online technologies and how to make your online meetings most effective and successful.
With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictional implications.
As we gradually emerge from the dark cloud of the pandemic, conversations among mediators have shifted and we are now wondering whether we want to return to in person mediation, whether we will try a hybrid approach or whether we will continue to virtual mediation.
Collaborative Practice is a process to resolve family law conflict without the use of the court. Each person has their own attorney, but should the matter go to court, the attorneys are prohibited from participating in the court process. This changes everything. Instead of gearing up for litigation the attorneys becoming settlement specialists. Everyone has a vested interest in assisting the clients reach an agreement.
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This report focuses on questions and issues considered by the Committee on Experiential Online Mediation Training:
Clinics, Simulations, and Video Feedback, as part of Mediate.com's Online Mediation Training Task Force. This complete committee report highlights valuable resources and committee recommendations for moving forward.