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.
What can mediators learn from dog training?
The objectives in a mediation are much different than in litigation; but often the differences are overlooked.
Transformative mediation is thriving in Brno, Czech Republic.
This article discusses reactions to the huge scope of our field.
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
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.
(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.
There are many benefits to choosing mediation for your divorce, but it’s also important to understand and prepare for the challenges.
Are you considering a change in your marriage, but a divorce or a formal separation seems premature?
(8/09/19)F. Peter Phillips
The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.
Nursing homes are now able to have protection and a clear plan with arbitration agreements.
(8/09/19)Michael A. Zeytoonian
I first heard about Collaborative Law (CL) in 2002 as it began to spread around Massachusetts.
(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.
This is an interview with Andrea Schneider by Robert Benjamin discussing negotiative strategies.
Educating the next generation about conflict resolution skills--early in life--is essential on many levels.
(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.
The most valuable lesson I learned from the book, and the teacher, was the importance of power in any discussion.
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.
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.
Framing is how to present a proposal. Is it presented in a positive fashion or in a negative fashion?
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.
With Aikido, practitioners learn how to defend without harm to themselves and the attacker.
Legal recriminations and punishments usually only limit the conversation.
The need for a “Conflict Revolution” is clear. We have a Negotiation Emergency at the same time as we have a Climate Emergency.
The small business owner in divorce faces unique challenges that other, regular W2 employees don’t.
How are we supposed to know, 100%, that our marriage, or significant relationship, is secure?
It is common that we get so caught up in our conflicts that we only see our side.
(7/30/19)Lieutenant Colonel Jonathan (Trigger) Buxton
Centralized coordination of the Army mediation has proved critical to its success.
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.
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.
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.
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.
(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.
This article is designed to shift how we manage people in emotionally intense situations.
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.
In workplace conflict resolution, just as in any peacebuilding effort, much of the success lies in the parties’ motivation to resolve the dispute.
The Platinum Rule is better than the Golden Rule at work, because not everyone is the same.
Sometimes I wake up in a cranky mood-am I the only one?
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?
(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.
This article discusses this mediator's viewpoint that as a mediation profession need to celebrate our own pride.
(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.
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.
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.
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.
(7/12/19)F. Peter Phillips
The obligation to arbitrate survives the termination of your services and is indefinite.
A quick thought on what we can learn from women's soccer.
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.
Click here for MORE ARTICLES
I ask both parties to come in for an introductory meeting when they inquire about divorce mediation.