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Phyllis Pollack

Implicit Bias in Judging!

(7/24/21)Phyllis Pollack

Recently, I attended a Zoom presentation sponsored by the American Jewish Committee San Francisco entitled, “Judging Implicit Bias: The Role of Implicit Bias in Judicial Decision-making.”

Mordechai Rhine

The Emotional Embrace

(7/24/21)Mordechai Rhine

One beautiful morning my toddler was playing in his Cozy Coupe toy car when it was time for me to take him to playgroup.

Oran Kaufman

Mediation and Lawyers

(7/24/21)Oran Kaufman

A common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am I going to have to hire a lawyer?”

Hiro Aragaki

New UK Report on Mandatory ADR

(7/23/21)Hiro Aragaki

The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances.

Southern Maryland CMC’s Support Conversations on Race and Privilege

(7/23/21)Dusty and Vicky Rhoades, Dan Simon

Constructive dialogue is essential in our world today, and indeed, transformative. It has the ability to open our eyes to the pain of others as well as our own.

Lorraine Segal

Acknowledging Mistakes at Work

(7/23/21)Lorraine Segal

One of the big issues that creates conflict at work and interferes with harmonious relationships, is many people’s inability to acknowledge their own mistakes.

UN Insolvency Work Finds Help with Mediation

(7/23/21)Mylene Chan

The United Nations Commission on International Trade Law adopted a simplified insolvency regime that recommends mediation to resolve disputes between financial sector creditors and small debtors during its 54th Session.

Janet Chance

Who Should You Call When in Conflict?

(7/21/21)Janet Chance

Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?

Frank Hamilton

Power of Mediation in Virtual Classrooms

(7/19/21)Frank Hamilton

The COVID-19 pandemic has changed numerous areas of our lives, including education.

John Peterson

How to Avoid a Rough Argument

(7/19/21)John Peterson

When you’re arguing, the worst thing that you can do is expect one person to come out of the argument victorious.

Roseann Vanella

Now More than Ever, Creativity is Needed in Divorces

(7/18/21)Roseann Vanella

We live in an uncertain world where things can change radically at the drop of a hat. We experienced this last year in a huge way with the Covid-19 outbreak.

Immigration and Conflict Resolution

(7/17/21)Yuli Martinez

This article examines this author's perspective on immigration from a conflict resolution perspective.

Cinnie Noble

What I Learned About Conflict from Cheetahs

(7/17/21)Cinnie Noble

In the middle of the desert and savannahs, and in big and small cities – far from home – it feels we are defined only by our presence in the moment.

Phyllis Pollack

Mediation Briefs and Preparation

(7/17/21)Phyllis Pollack

Why do mediators request briefs from the parties? No- it is not just to learn about the case.

Ivetta Delczegh

Cats' Advice on Maintaining Our Mental Balance

(7/17/21)Ivetta Delczegh

A light-hearted comparison of mediators and cats.

Uma Ramanathan

What is a Mediator?

(7/17/21)Uma Ramanathan

The common attribution to the word ‘Mediator’ is one who is neutral, one helps to resolve or one who helps to balance the power to create a space for negotiation and navigate through barriers created by perspectives.

Hailee Mingo

1992 Watts Gang Truce

(7/16/21)Hailee Mingo

There are multiple instances where there is conflict without resolution. However, we can see examples in the gang truce where resolution has been possible.

Terri Breer

Say That Again – Six Ways to Harness the Power of Your Words in Mediation

(7/16/21)Terri Breer

When you encourage and compliment your clients, you will discover the power of your words in the mediation process.

Ben Coltrin

3 Strategies for Effective Co-Parenting

(7/12/21)Ben Coltrin

Above all, remember that co-parenting is about your kids.

Kathleen Kauth

Definition of Transparent

(7/12/21)Kathleen Kauth

A successful leader will be able to strategically provide information to staff to help them fill in the blanks about changes occurring in the business world.  

Ranse Howell

Disruptions, Disputes, and Dialogue: What Just Happened?

(7/12/21)Ranse Howell

Let’s reflect on our experiences, the mistakes we made, the lessons we learned and the conflicts we resolved.

Katherine Graham

How Many 'Brewdogs" Out There?

(7/12/21)Katherine Graham

BrewDog is the latest ‘name’ brand to hit national news headlines for the worst of reasons: former staff coming together to ‘expose’ what they claim is a toxic culture of fear, bullying, and lies.

Ronald S. Kraybill

Things fall apart. How to respond?

(7/12/21)Ronald S. Kraybill

Like it or not, there’s no going back to the old ways of leading and managing.  We must expand the skill set of leaders at all levels. 

Elise Groulx

Mediation in the Field of Business and Human Rights

(7/08/21)Elise Groulx

Mediation in the field of business and human rights to help resolve a conflict between stakeholders/workers upstream a global supply chain and corporate actors in South East Asia with the full participation of civil society (NGOs national and international).

Heitor Rodrigues

Conflict Escalation

(7/08/21)Heitor Rodrigues

One thing that all humans can agree upon is that we make assumptions. Whether we like it or not it is part of our nature.

Charlie Young

Confirmation Bias: Something Mediators Need to Appreciate

(7/08/21)Charlie Young

As far as I can tell, much of the research on how neural functions affect mediation has been done in the last 20 years.

Maria Jabbour

A Protocol for Online Mediation

(7/08/21)Maria Jabbour

So here is a proposed Protocol for online mediation; the mediator should:

Paul Rajkowski

Shovel 4 - Diminished - Tradition reduced

(7/08/21)Paul Rajkowski

As the fence grows larger, traditional mediation is further diminished by all the versions in the current culture.

Julian Granka Ferguson

Business Interruption Insurance Claims and COVID-19

(7/08/21)Julian Granka Ferguson

In a democracy, there exists a presumption of freedom to operate within the context of the law.

Phyllis Pollack

Certainty Does Not Equate to Accuracy!

(7/06/21)Phyllis Pollack

In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.

John Lande

Charting a Middle Course for Court-Connected Mediation

(7/06/21)John Lande

I wrote this article growing out of the lively discussion in a program on fairness.

Louis Chang

Live or virtual? Is the Future Here to Stay? Born of necessity. Driven by ease.

(7/06/21)Louis Chang

Many have come to appreciate, even love, the ease, convenience, flexibility, time and cost savings associated with meetings, hearings, mediations, arbitrations and conferences conducted via video conferencing technologies such as Zoom, Teams and others.

Charles Crumpton

An Affirmative Higher Social Responsibility Duty to Serve Systemic Social Change through System Design

(7/06/21)Charles Crumpton

This article reflects on a panel discussion that took place on April 14, 2021, as part of the ABA Dispute Resolution Section Virtual Spring Conference, titled "Dispute Resolution Pandemic Pivot: Systems Design for Socioeconomic Inequality issues.”

Jennifer Shack

For Family Cases Involving Reports of Intimate Partner Violence, Shuttle and Videoconference Mediation Are Safe, Effective and Preferred by Parents

(7/06/21)Jennifer Shack

In a randomized controlled trial of family cases involving parents reporting high levels of intimate partner violence (IPV), parents felt safer in and were more satisfied with shuttle and videoconference mediation than litigation.

Kenneth Cloke

Insurrection, Demagoguery, and the Mediation of Political Conflicts

(7/06/21)Kenneth Cloke

Following the “insurrection,” “putsch,” or “attempted coup” in Washington D.C., on January 6, 2021, and the subsequent acquittal of President Trump on impeachment charges, we find ourselves facing extremely significant and difficult, yet very different political conflicts and challenges from those we faced before.

Laura Athens

Top Ten Cognitive Biases and Distortions in Mediation

(7/06/21)Laura Athens

“You can’t always get what you want, but if you try sometimes, you get what you need.” The Rolling Stones, Let It Bleed, 1969

Susan Yates

Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODR

(7/02/21)Susan Yates

RSI’s Director of Research, Jennifer Shack, and Professor Shestowsky are working with the Pew Charitable Trusts to evaluate online platforms that courts are using to assist parties in engaging in mediation and negotiation.

Denise French

Retaining Your Assets in Divorce

(7/02/21)Denise French

After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.

Cinnie Noble

Do You Model Conflict Competence?

(7/02/21)Cinnie Noble

“Setting an example is not the main means of influencing others; it is the only means.” ~Albert Einstein

Katherine Graham

Stress, Depression, and Heart Attacks: What Poor Management Does to Employee Health

(7/02/21)Katherine Graham

We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.

Deborah Heller

Co-Mediation in A Volunteer Co-Mediation Process. Some Simple Ideas

(6/27/21)Deborah Heller

The article suggests that there is little formal training for mediators, especially volunteer mediators who may co mediate with many different partners to work effectively together, and makes some simple and concrete suggestions for ways to remedy this.

Lydia Ray

Battling Burnout: Mental Health and Self-Care in Mediation

(6/27/21)Lydia Ray, Jonathan Rodrigues

Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?

Ross Feinberg

Settlement Verification in the Virtual World

(6/25/21)Ross Feinberg

My goal has always been to provide each and every mediation participant with the most satisfying experience possible.

Kathleen Kauth

Conflict in the Helping Professions

(6/25/21)Kathleen Kauth

There is often an assumption that someone who works in a helping profession such as healthcare, senior living, social worker, schools etc. are kind and generous people who completely live up to the mission and values that the organization promotes.

Lorraine Segal

How Bystanders Can Stop Gossip

(6/25/21)Lorraine Segal

Bystanders can stand up and stop workplace gossip.

Mark Smalls

[Podcast] Being Bold: Broadening the ADR Diversity and Inclusion Landscape

(6/25/21)Mark Smalls

A podcast produced by the American Bar Association features JAMS Senior Vice President & Chief Marketing Officer Mark Smalls on diversity, equity and inclusion (DEI) in alternative dispute resolution (ADR).

Eric R. Galton

The Remarkable (And Often Very Surprising) Benefits of Virtual Mediation

(6/25/21)Eric R. Galton

A funny thing happened on April 1, 2020. After over 30 years and 7,500 cases as an in person, high-touch mediator, I grudgingly became, out of necessity born by COVID-19, a virtual, online mediator.

Areta Marshall

Mediation as a Therapeutic Intervention in the Streets of Toronto

(6/25/21)Areta Marshall

When I saw an accident, my brain turned to mediation mode, to me this was essentially setting the stage for a mediation and being in control of how the situation unravels.

Michael Lang

Online Mediation Training - Mentoring & Consultation Best Practices

(6/22/21)Michael Lang

The term “Mentor” been commonly used to include guide, champion, teacher, supervisor. Today because we inherited many traditions of mentoring practices, we continue to use the term broadly while also attempting to give it somewhat more definition in terms of mediation and related professional practices.

Jen Schimbeno

Co-Parenting Online Course – How to Not Put Your Kids in the Middle of Your Divorce

(6/18/21)Jen Schimbeno, Brandyn Roark Caires

The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.

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