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Xavier James

Managing and Resolving Conflicts in Remote Teams

(10/14/21)Xavier James

Handling remote teams can become quite a challenging task at times, especially when a conflict arises.

Marian Grande

Domestic Violence and Family Mediation

(10/14/21)Marian Grande

Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.

Arthur Pressman

What Commercial Trial Lawyers Can Learn from Transactional Lawyers About Mediation

(10/14/21)Arthur Pressman

Why should we be surprised by litigators acting like litigators whether in court or in mediation?

Michael Moffitt

What Would *You* Have Done?

(10/11/21)Michael Moffitt

What would you have done, if you were a violence prevention specialists?

Christopher Keele

Recognizing Common Internal Issues That Often Escalate Into Disputes and How ADR Can Help

(10/11/21)Christopher Keele

Here are a few examples of the tensions that arise across financial, operational, and commercial agreements.

Phyllis Pollack

Difficult People

(10/11/21)Phyllis Pollack

One of the first questions a mediator must ask herself is whether she should take a specific case?

Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland

(10/11/21)Charlie Irvine, Jonathan Rodrigues

The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.

Kenneth Cloke

Mediation and the Evolution of Democracy: Inventing Interest-Based Responses to Lying, Demagoguery, and Fascism

(10/08/21)Kenneth Cloke

Nearly 2500 years ago, Plato warned that “Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty.” Why should this be the case?

Charlie Young

Transcendent

(10/08/21)Charlie Young

I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?

Bob Bordone

What are the Qualities of a Good Mediator? - video

(10/07/21)Bob Bordone

Have you ever asked yourself, what are the qualities of a good mediator?

Sharon Kendrick-Johnson

ERRR On the Human Side of Mediation Encompassing Empowerment, Recognition, Reflection and Respect

(10/06/21)Sharon Kendrick-Johnson

This article is an open invitation to the Opposing Party.

John Lande

What I'm Reading

(10/02/21)John Lande

Being retired from teaching and faculty meetings leaves time to do other things. Here are the books I've been enjoying.

Giovanni Matteucci

Mediation and Business Crisis in Italy, 2021. Where's the training?

(10/01/21)Giovanni Matteucci

On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.

Bellwether Mediations As An Alternative To Bellwether Trials

(10/01/21)Diane Welsh

Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement.

“My Story” Featuring Cristina Pereyra-Alvarez, Retired Judge, 11th Judicial Circuit, Florida

(10/01/21)Cristina Pereyra-Alvarez

When asked what advice she has for the next generation of ADR professionals, Mrs. Pereyra-Alvarez says, "Always go in with an open mind. Always believe that you are going to resolve the case, no matter what." This is a biography of her career path.

The New Plan for the Academy of Court-Appointed Masters

(10/01/21)Merrill Hirsh

Helping People Become Special Masters and Special Masters Assist the Administration of Justice: The New Plan for the Academy of Court-Appointed Masters.

Veronica Cravener

Introducing the Mediate.com Podcast

(10/01/21)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! 

Forrest (Woody) Mosten

Forum Video: Final Report of Mediate.com Task Force on Online Mediation

(9/28/21)Forrest (Woody) Mosten, Clare Fowler, Jim Melamed, Colin Rule

This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force on Online Mediation. This video features Woody Mosten, Colin Rule, Clare Fowler, Jim Melamed, Tara Ollapally, Bruce Edwards, Donna Silverberg, Susan Guthrie, Angelia Tolbert, Michael Aurit, Tricia Jones, Michael Lang and John Sturrock.

Christopher Nolland

Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics

(9/27/21)Christopher Nolland

"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."

Lorraine Segal

Bring Five Percent more Compassion to Conflicts

(9/27/21)Lorraine Segal

Bringing five percent more compassion can really make a difference in conflicts.

Phyllis Pollack

The Mediator as a Choice Architect

(9/27/21)Phyllis Pollack

One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled “Self-Determination.”

Denise French

Divorce Done Differently!

(9/27/21)Denise French

As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving. Mediation may not even be an option in your mind, but it should be.

Cinnie Noble

"Never Ruin an Apology with an Excuse"

(9/27/21)Cinnie Noble

This quote by Kimberly Johnson is a good one to consider when it comes to asking forgiveness, giving an apology, and otherwise trying to make amends.

Veera Mahajan

Your Student is Headed Back to In-person Learning – and There May be Things to Fear that Have Nothing to do with COVID-19

(9/24/21)Veera Mahajan

A leading mediation expert and international best-selling author cautions that a year of pent-up frustrations; could cause students to blow.

Paul Rajkowski

SHOVEL 5 - Whose Fear is it Anyway

(9/22/21)Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Ron Supancic

Ronald Melin Supancic - A Memorial

(9/21/21)Ron Supancic

Each breath we breathe is an invitation to live more fully, more consciously, more attentive, and more aware.

Daniel Rainey

Why Have a Disclosure Protocol for Mediation?

(9/21/21)Daniel Rainey

I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?

Colin Rule

Congratulations, IOA! 1,000 Members!

(9/21/21)Colin Rule

Mediate.com would like to celebrate the International Ombudsman Association's 1,000th Member!

Colin Rule

Mediate.com Adopts Online Mediation Practice and Ethical Standards

(9/21/21)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.

Jim Melamed

Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction

(9/20/21)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.

Jim Melamed

Paths Forward for Online Mediation - 8 Primary Recommendations

(9/20/21)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:

Clare Fowler

Paths Forward for Online Mediation - Index of Resources

(9/20/21)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.

Irma Gonzalez

Q&A with Hon. Irma E. Gonzalez (Ret.)

(9/20/21)Irma Gonzalez

Judge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator, special master/referee and neutral evaluator. In honor of Hispanic Heritage Month, we spoke with Judge Gonzalez about how she started in ADR, her accomplishments, the challenges that she’s faced and her advice to younger generations.

Patricia Thompson

Eight Tips for Mediating High-Profile Construction Disputes

(9/20/21)Patricia Thompson

Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues.

Forrest (Woody) Mosten

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

(9/19/21)Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

Ron Supancic

Dance of Opposites - Book Review

(9/18/21)Ron Supancic, Kenneth Cloke

The Dance of Opposites, a new book by Dr. Kenneth Cloke, will change your life. You will never view conflict the same way again. If you only read one more book on the theory & practice of Conflict Resolution, make it this one.

Mary Salisbury

Preparing and Paying for QDROs in Divorce

(9/17/21)Mary Salisbury

The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.

Naveed Khan

Conflict in the Workplace – Mediation Can Make Your Team More Efficient

(9/17/21)Naveed Khan

Conflict in the workplace is inevitable when people with different values and opinions come together.

Sneha Vardhani

What Challenges Should the Proposed Mediation Act of India Address?

(9/15/21)Sneha Vardhani

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.

Robert Benjamin

Game Playing in Negotiation: Evolutionary Purpose and Necessity---Machiavelli's Place At the Table

(9/15/21)Robert Benjamin

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.

Antoinette Raheem

Negotiation Tactics: How They Work and How to Protect Yourself and Your Client from Them

(9/13/21)Antoinette Raheem

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?

Phyllis Pollack

Don’t Chalk My Tires, Or Why Mediation is Not Appropriate

(9/13/21)Phyllis Pollack

This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.

Kathleen Kauth

Helicopter Conflict

(9/13/21)Kathleen Kauth

What do helicopter parents do best? They hover.

Beth Graham

High-Tech Dispute Resolution

(9/13/21)Beth Graham

In this scholarly work, the authors examine the intersection of online dispute resolution and psychology.

Kenneth Cloke

The Limits of Mediation

(9/13/21)Kenneth Cloke

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.

Veera Mahajan

Tips for Addressing Childhood Conflict

(9/10/21)Veera Mahajan

These are steps for teaching your children to reduce childhood conflict.

Yvette Durazo

The Customer Isn’t Always Right-- But They’re Causing More Conflict Than Ever

(9/10/21)Yvette Durazo

Many leaders are unable to de-escalate conflict themselves, let alone train their employees to do the same.

Sarah Peyton

Yes and No are Powerful Words

(9/10/21)Sarah Peyton

Yes and No are powerful words. What impact does saying each of them have on your body and nervous system?

Milan Slama

Exemplifications of Typical Topics: Mediator as a Playwright (Part 2)

(9/10/21)Milan Slama

This article shows how to address double-standards and preaching without doing in a mediation.

Kenneth Cloke

Mediation and the Language and Culture of Politics

(9/10/21)Kenneth Cloke

One of the principal difficulties with political conflicts is that, in addition to disagreements over ideas, facts, proposals, beliefs, and values, there are significant differences in the languages we use to describe ourselves, our opponents, and the issues that divide us; as well as in the disparate cultural norms, expectations, myths, assumptions, and ways we attribute meaning to political ideas and assertions.

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