New at Mediate.com
Mediate.com Adopts Online Mediation Practice and Ethical Standards
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.
What Challenges Should the Proposed Mediation Act of India Address?
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.
Game Playing in Negotiation: Evolutionary Purpose and Necessity---Machiavelli's Place At the Table
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.
Register for Free Sept. 24 Forum on Final Report of Online Mediation Task Force
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!
Introducing the Mediate.com Podcast
We’re excited to finally share the news: we’ve launched a new Mediate.com Podcast, hosted by our good friend, mediator Veronica Cravener!
Negotiation Tactics: How They Work and How to Protect Yourself and Your Client from Them
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?
The Limits of Mediation
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.
The Customer Isn’t Always Right-- But They’re Causing More Conflict Than Ever
Many leaders are unable to de-escalate conflict themselves, let alone train their employees to do the same.
Exemplifications of Typical Topics: Mediator as a Playwright (Part 2)
This article shows how to address double-standards and preaching without doing in a mediation.
Riding the Conflict Resolution Highway
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.
The Civil Rights Act of 1964: The Right to Bilingual Mediation
Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.
Eating Our Words
Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”
[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?
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.
Why I Don’t Caucus
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.
Exemplifications of Typical Topics: Mediator as a Playwright (Part I)
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.
Mediator Ethics: Should You Ask for a Waiver of Liability?
I read a Mediation Agreement that struck me as odd, perhaps unenforceable, maybe even unethical
Alvin Toffler, ODR, The Red Queen, and the Pandemic
Much has been written about the future. However, when we read about "what will come" we see it as “something far away”.
ADA Mediation Refresher
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.
Paths Forward for Online Mediation - Index of Resources
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.
Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction
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.
Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources
Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.
Paths Forward for Online Mediation - 8 Primary Recommendations
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:
Book Review of Mediation and Popular Culture by Jennifer L Schulz, (2020)
What a fun, dense, and important read about mediation!
Mediation Development in India
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.
Beyond Mediation: Conflict Coaching
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.
The Growth of Mediation in Nigeria
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 Few Best Practices for Online Law Practice and Trainings
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.
Multi-Jurisdictional Issues in Online Mediation
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.
Seeing the Future by Knowing the Past
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.
Beyond Mediation: The Collaborative Practice Experience
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.
Experiential Online Mediation Training: Clinics, Simulations and Video Feedback
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.