New at Mediate.com
International Arbitration-Federal Jurisdiction & Provisional Remedies
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
How to Write an Effective Mediation Summary in 6 Steps
Your mediation summary can make the process easier both for yourself, but also the mediator.
Morality and Mediation: Can We Reunite the Children?
In April 2018, the U.S. Justice Department implemented a new “zero-tolerance” policy for the detention and arrest of undocumented immigrants. This article discusses how mediation techniques can be used to handle such a difficult situation.
Interview with Carrie Menkel-Meadow
This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Sample Mediation Ground Rules
Mediators often assist participants to identify guidelines or ground rules to help support productive communications. Here are some sample mediation ground rules participants may want to consider adopting.
Reconsidering How to Honor a Father's Wishes
This article illustrates how a mediator can assist parties to move from their positions to their underlying interests.
Mediation in Juvenile Dependency Court: Multiple Perspectives - Part 2
This article discusses what has been learned over the last few decades about Mediation in Juvenile Dependency Court.
Conflicts over groundwater and aquifers profiled in recently-published book: Advances in Groundwater Governance
This article discusses how cooperation can be enhanced through a transdisciplinary approach to water negotiations, refusing to accept tired cliches and really talking.
Ken Cloke Discusses Political Negotiation - Video
Dispute Resolution leader Kenneth Cloke discusses how we can discuss politics to bring about change instead of division.
When Conflict In The Workplace Escalates To Emotional Abuse
Millions of men and women of all ages, ethnic, and racial backgrounds all across the U.S. hate going to work, gradually fall into despair and often become gravely ill. Some flee from jobs they used to love, others endure the situation unable to figure a way out.
Interview with Don Saposnek
This is the complete interview by Robert Benjamin with Don Saposnek, a leading family mediator, writer and editor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
The Roots of Mediation in Florida and its Worldwide Influence
The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.
Mediation in Juvenile Dependency Court: Multiple Perspectives
Since 1992, the Santa Clara County Juvenile Dependency Court has utilized confidential mediation as an integral part of the court process. After hundreds of mediation sessions, we believe it is time for the various participants in the dependency system to reflect on their perspectives on mediation, its strengths, weaknesses, and its future in our court system.
The Exceptional Power of Vision
There are many keys to reaching possible agreement. The list includes, among others, discovering not incompatible interests, soothing a hurt relationship, or finding a common enemy. Uncovering a transcending vision can accelerate and amplify the coming together of contending parties. Vision helps achieve agreement.
Reframing
One of the core skills in the mediator’s tool box is a technique called reframing. Put simply, reframing helps people see something from a different perspective.
Interview with Lisa Parkinson
This is the complete interview by Robert Benjamin with Lisa Parkinson, family mediation leader in the UK and Europe, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Prenuptial Agreements and the New Tax Law: Is There a Problem on the Horizon?
The message for divorcing couples is clear. If your divorce agreement will include provision for the payment of alimony, deductible to the paying spouse and taxable, as income, to the recipient spouse, you need to have an executed divorce agreement by December 31, 2018.
Spiritual Journeys in a Material World: Thoughts about Spirituality for Divorce Professionals
This article discusses the spiritual struggle that many of our clients are facing and our role to support them and understand their concerns as they go through divorces and other difficult conflicts.
For Those Feeling Generous: A Gift for Clients, Friends - Book Review
I love this book. It reminds us that we can take family law problems to another level, one not taught in law schools: generosity.
Lean into Liminality
This article discusses Shinrin Yoku, Using Nature Forest Therapy as a Restorative Practice.
Lessons from the Iroquois
In our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved.
Leaving Facebook
I was a fan of Facebook from my first login. I registered right after it opened to the public in 2006, and I led most of my friends onto the platform. I am now choosing to leave Facebook.
Lest We Forget
After celebrating ANZAC Day, FairWay’s Denise Evans and Bruce Reid explore the themes of war, conflict, and learning from mistakes of the past.
The Faultlines of the Current Ideological Divide - Part 1
This article discusses the ideological divide looking at conflict from both a mediator's (Part 1) and a therapist's perspective (Part 2).
Mediators Should Have Strategies and Skills to Break Impasses
This article discusses this concept: “Conflict in divorce cannot be resolved if we don't talk to each other.”
Turning Ideas Into Action; Thoughts from Edinburgh
What is unique about those who possess a willingness to walk toward conflict?
Child Dependency Mediation Update
Mediator Randy Drew discusses the success of their multi-mediator approach.
Expectations and Self-Determination
The social capital of any society is education and identity.
Comparative Data on Mediation Websites: Most Visited and Most Linked
According to Alexa.com, Mediate.com is most visited and most linked dispute resolution website. See the new data here!
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).