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Dakota Murphey

7 Warning Signs You May Need Marriage Mediation

(8/16/19)Dakota Murphey

Every marriage goes through some rough patches, and unfortunately, trying to figure it out on your own can often lead to crucial things being left unsaid and strong relationships ending up on the rocks.

Oran Kaufman

Can You Teach an Old Dog New Tricks?

(8/16/19)Oran Kaufman

What can mediators learn from dog training?

Jan Schau

Watch Your Language!

(8/16/19)Jan Schau

The objectives in a mediation are much different than in litigation; but often the differences are overlooked.

Dan Simon

Czech Transformative Mediators Empower Parents and Kids

(8/16/19)Dan Simon

Transformative mediation is thriving in Brno, Czech Republic.

John Lande

Reflections on Our Field and Possibilities for Improvement

(8/16/19)John Lande

This article discusses reactions to the huge scope of our field.

Bruce Edwards

A Dent in the Universe

(8/16/19)Bruce Edwards

What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?

Mark Kantor

Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”

(8/16/19)Mark Kantor

You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.

Wean Khing Wong

Benefits of Mediation Program for Recently Evicted Families with Children

(8/09/19)Wean Khing Wong

This mediator proposes a upcoming homeless mediation program, the difficulties of working with the homeless population, and the skills a mediator can bring.

Leah Hadley

5 Mediation Strategies for a Successful Divorce Agreement

(8/09/19)Leah Hadley

There are many benefits to choosing mediation for your divorce, but it’s also important to understand and prepare for the challenges.

Lori Goldstein

Interim Agreements

(8/09/19)Lori Goldstein

Are you considering a change in your marriage, but a divorce or a formal separation seems premature?

F. Peter Phillips

New Swiss Rules of Mediation

(8/09/19)F. Peter Phillips

The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.

Beth Graham

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

(8/09/19)Beth Graham

Nursing homes are now able to have protection and a clear plan with arbitration agreements.

Michael A. Zeytoonian

Re-imagining Collaborative Law, as well as dispute resolution itself

(8/09/19)Michael A. Zeytoonian

I first heard about Collaborative Law (CL) in 2002 as it began to spread around Massachusetts.

Michael P. Carbone

Mediation Strategies: A Lawyer’s Guide To Successful Negotiation

(8/09/19)Michael P. Carbone

Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that I believe you should follow when developing a mediation strategy.

Andrea Schneider

Andrea Schneider Interview - The Future of Mediation and Negotiation in Our Culture, Politics and Society

(8/07/19)Andrea Schneider

This is an interview with Andrea Schneider by Robert Benjamin discussing negotiative strategies.

Gregg Relyea

Educating the Next Generation in Resolving Social Media Disputes

(8/05/19)Gregg Relyea

Educating the next generation about conflict resolution skills--early in life--is essential on many levels.

Robert A. Berlin

Sample Mediator’s Opening Statement

(8/05/19)Robert A. Berlin

How many of us have fumbled through an opening statement? In our view, the following is an example of a COMPLETE opening statement.

Richard Barbieri

Power as Role and Reality in Mediation

(8/02/19)Richard Barbieri

The most valuable lesson I learned from the book, and the teacher, was the importance of power in any discussion.

Michael Diliberto

Got A Final Award? It Ain’t Necessarily So

(8/02/19)Michael Diliberto

The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.

Robert Hamparyan

5 Tips for Dealing with Difficult Clients

(8/02/19)Robert Hamparyan

If you’ve been in practice for more than a few months, there’s no doubt you’ve encountered a difficult client. It comes with the territory, and so as a lawyer, it’s important to learn how to handle difficult situations.

Phyllis Pollack

Process Before Substance

(8/02/19)Phyllis Pollack

Framing is how to present a proposal. Is it presented in a positive fashion or in a negative fashion?

Jason Dykstra

The Best Ten Minutes You’ll Spend All Day

(8/02/19)Jason Dykstra

Researchers spent some time in a knowledge-based customer support and back-office service company (i.e. call centre) and conducted an experiment with a portion of its employees.

Patricia Porter

Verbal Self-Defense Begins with a Mindset of Compassion and Empathy

(8/02/19)Patricia Porter

With Aikido, practitioners learn how to defend without harm to themselves and the attacker.

Arran Heal

What Happens if Employers Have to Prove They're Not Discriminating?

(8/02/19)Arran Heal

Legal recriminations and punishments usually only limit the conversation.

John Sturrock

A Negotiation Emergency?

(7/31/19)John Sturrock

The need for a “Conflict Revolution” is clear. We have a Negotiation Emergency at the same time as we have a Climate Emergency.

Denise French

An Alternative for the Small Business Owner

(7/30/19)Denise French

The small business owner in divorce faces unique challenges that other, regular W2 employees don’t.

Ann Cerney

3 Things To Try If You Think Your Spouse Is Contemplating Divorce

(7/30/19)Ann Cerney

How are we supposed to know, 100%, that our marriage, or significant relationship, is secure?

Cinnie Noble

The “Flip Side” in Conflict

(7/30/19)Cinnie Noble

It is common that we get so caught up in our conflicts that we only see our side.

Lieutenant Colonel Jonathan (Trigger) Buxton

Tittle Tattle is the Battle: The Army Mediation Service

(7/30/19)Lieutenant Colonel Jonathan (Trigger) Buxton

Centralized coordination of the Army mediation has proved critical to its success.

Stephanie Klein

Five Ways to Attract and Retain Young Professionals to your ADR Program or Organization

(7/30/19)Stephanie Klein

If you've noticed that your ADR program or organization (or the field in general) is lacking in young professionals, you are not alone. In this article, I offer five practical ideas that ADR program leaders can implement now in order to get and keep young professionals in ADR.

Michelle Eades

Working with American Sign Language Interpreters in Mediation

(7/30/19)Michelle Eades

As mediators we listen for the words being said, words not being said, how those words are said , and the body language that goes with those words.

Robert Bergman

Revolutionizing Mediation through Technology

(7/30/19)Robert Bergman

In recent years, as the world has migrated toward a reliance on social networks, the internet of things, and digital transactions, disputes have grown exponentially in terms of number and complexity.

Judy Ringer

We Have to Talk: A Step-By-Step Checklist for Difficult Conversations

(7/30/19)Judy Ringer

What you have here is a brief synopsis of best practice strategies: a checklist of action items to think about before going into the conversation.

Are You Really Ready for Divorce? The 8 Questions You Need to Ask

(7/30/19)Bruce Derman, Wendy Gregson

This article outlines what couples need to do in order to consider and face the numerous dilemmas that are inherent in divorce.

Debra Dupree

The Psychology of Conflict and the Art of Compassion

(7/24/19)Debra Dupree

This article is designed to shift how we manage people in emotionally intense situations.

Sarah Ater

Time-bound Mediation: Good or Bad

(7/19/19)Sarah Ater

The article questions whether allocating a specific amount of time for mediation sessions or limiting the entire period within which to complete the mediation process is a good or bad thing.

Jeremy Pollack

Best Conditions for Workplace Conflict Resolution: When Can it Work?

(7/19/19)Jeremy Pollack

In workplace conflict resolution, just as in any peacebuilding effort, much of the success lies in the parties’ motivation to resolve the dispute.

Lorraine Segal

Follow the Platinum Rule in Diverse Workplaces

(7/19/19)Lorraine Segal

The Platinum Rule is better than the Golden Rule at work, because not everyone is the same.

Cinnie Noble

Wrong Side of the Bed

(7/19/19)Cinnie Noble

Sometimes I wake up in a cranky mood-am I the only one?

Jim Melamed

Establishing Standards for Online Domestic Relations Mediation

(7/18/19)Jim Melamed

Leading national family mediation organizations, including Mediate.com, have abided by common standards for divorce and family mediation for over two decades. Do these standards need to be updated to address issues of online mediation? If so, how?

Dr. Lynne C. Halem

Divorcing After Long-Term Marriage Checklist of Considerations

(7/18/19)Dr. Lynne C. Halem

For couples facing divorce in their late fifties, sixties, and beyond, the questions and issues are quite distinct from those facing younger couples.

Frederick Way

Celebrating Pride – Reflections on Being a Gay Mediator

(7/18/19)Frederick Way

This article discusses this mediator's viewpoint that as a mediation profession need to celebrate our own pride.

Lee Jay Berman

13 Tools for Resolving Conflict in the Workplace, with Customers and in Life

(7/17/19)Lee Jay Berman

Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. Here are some tools for avoiding and resolving disputes in the early stages, before they become full-blown conflicts.

Stuart Watson

The Divorce Process: Mediation Saves Money, Time and Trauma

(7/12/19)Stuart Watson

The divorce process has significant impacts on the lives of the spouses and their families depending on how they go through the divorce. This article outlines how divorce mediation can save families money and time, and reduce trauma when compared to a traditional, litigated divorce process.

Jacques Joubert

Bringing the Human Face to Conflict

(7/12/19)Jacques Joubert

Mediation may be described as a process that evolves over four different phases. It begins in a joint session and ends in a final joint session.

Laurie Israel

Why Retainers are Important to the Mediation Process

(7/12/19)Laurie Israel

For most mediations, having the financial relationship between the mediator and the clients prepaid through a retainer can be a very strong impetus towards making the mediation process stronger and more effective.

F. Peter Phillips

“Infinite” Arbitration Clauses

(7/12/19)F. Peter Phillips

The obligation to arbitrate survives the termination of your services and is indefinite.

John Lande

We Have to Love More, Hate Less. We Got to Listen More and Talk Less.

(7/12/19)John Lande

A quick thought on what we can learn from women's soccer.

Beth Graham

SCOTX Grants Petition For Review Over Local Government Arbitration Question

(7/12/19)Beth Graham

On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.

Joy Rosenthal

What Happens in the Mediation Room?

(7/12/19)Joy Rosenthal

I ask both parties to come in for an introductory meeting when they inquire about divorce mediation.

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