Featured Blog Posts
Over the past year, we have witnessed growing evidence of the massive failures of our legal system to deal properly with a rampant system in which powerful men sexually dominate others, especially women.
All mediators understand that we’re supposed to be impartial. Our ideas about what that means fall on a continuum.
In a recent article, Kim Taylor, senior vice president and chief legal and operating officer at JAMS, discusses the importance of inclusion and diversity as it relates to alternative dispute resolution (ADR) and specifically arbitration.
Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.
(10/13/18)Michael A. Zeytoonian
Collaborative. In the business world, in medicine, high technology, healthcare, engineering, education, aeronautics, manufacturing, public service, first responders, military defense, invention – in just about every field of endeavor, we see this word popping up over and over again.
The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.
Gravity problems make conflict resolution more difficult because they sidetrack us from actionable problems.
(10/13/18)F. Peter Phillips
The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.”
This is a survey request to develop and implement a two-phase data collection process in order to determine the present state of community mediation.
I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.
You can choose whether to continue with an addictive relationship.
Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.
I want to say a word about neutrality, which is a very important concept in mediation.
Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.
Whenever it comes to other people, our prejudices – and a pretty basic lack of knowledge – are what tend to rule.
When we are in conflict with another it is often the case that we make assumptions about her or him.
I write this just days after the death of the infamous Queen of Soul, Aretha Franklin.
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
(9/24/18)Jan Frankel Schau
Follow, if you will, the mediation of a sexual harassment claim to learn the basic principles of mediation.
Attending a mediation requires making difficult decisions.
Many of us revisit conflicts and other interactions in our heads – and sometimes many times – wishing we had the opportunity to do it again.
(9/17/18)F. Peter Phillips
This historic Chinese summit discussed discussed implications of the Belt/Road Initiative, announced five years ago.
One of the tools I use frequently with conflict coaching clients, as well as for myself, is affirmations.
This discusses the article "Inside the Mind of the Client."
Most people don’t want to be wrangled into doing something you want but they don’t. Here are three ways to turn them into your problem-solving partners and dissolve resistance.
Would you call yourself a people-pleaser?
(9/06/18)Ronald S. Kraybill
Do you know people who get upset and insulted easily?
It sounds counter intuitive, but Inaction or avoidance can be a viable way of dealing with workplace conflict.
"Thank you for listening to me and my side of our dispute and for disagreeing with me in the gracious way you did--" I learned so much from those words.
When I ask clients why they let a problem go on for so long before addressing it, a common reply is, “I was afraid I’d create more conflict by raising it.”
(8/31/18)Michael A. Zeytoonian
When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.
This article discusses topics that often come up in Evaluative Mediation trainings: A selected number can be included in a course on evaluative mediation, and exercises used to assist “learning” of those topics.
Labels are increasingly being used to leverage support for group identities and ideals.
No doubt, at some point in your life, you have wanted to take revenge against someone who “did you wrong”.
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Two common themes emerged from a recent panel discussion. First, the idea of a growing ecosystem; and, second, a changing culture.