The facilitative/ humanistic mediator has a more ambitious goal through the process of containing the parties in a supporting common space until the adjacent door opens to reveal a path forward.
Caucusing can be an important tool during the pandemic stress.
This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question.
(8/13/20)Alnoor Maherali, Ehsan Ali
Cancel culture has mutated from a response to troubling behavior by otherwise inaccessible celebrities to a form of bullying against teens and youth. In the latter situation, the individual is isolated and ostracized, oftentimes without knowing why and with no way to fix the situation. Mediation is a form of conflict resolution that can help resolve these issues by communicating the concerns that caused the ‘cancelling’ and addressing them constructively.
(8/13/20)Pragya Sharma & Muskan Yadav
This article follows the history of mediation and how that foundation relates to its current state.
The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.
Disputes generally are an integral part of human interactions arising from different human transactions
Learn about a cyclist's positive perspective during Covid-19. Mediation provides a place for clients to gain perspective and, eventually, resolution.
At the heart of any dispute resolution process is Trust.
What does one say which has any meaning at a time like this?
The reality of mediation practice in India is in stark contrast to mediation taught in theory.
ODR is the use of technology and the internet to foster the effectiveness and efficiency of the dispute resolution process.
(8/05/20)Rory O'Connor, Gregg Relyea
In this time of plague, there is a renewed sense of the value of connection and cooperation.
(8/02/20)Michael Leathes, Nadja Alexander, Lela Love
Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future.
"Mediation 20/20: Navigating Mediation's Best Future" is the theme of Mediate.com's 25th Anniversary Online Conference taking place online September 30 to October 2, 2020. This conference is both a focused think-tank conference dedicated to defining the best course for mediation's continued growth and a celebration of Mediate.com's first 25 years.
(7/31/20)Joyce Odidison, Michael Lang
This article shares a video of Michael Lang interviewing Joyce Oddison about how to stay resilient through difficult times.
(7/31/20)Rich Smukler, Gabriela Szlak
If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?
I read an article about Why Do We Become Confrontational and it intrigued me to the point it acted as a catalyst to reach out to the author to request an interview. They accepted.
The article explains how mediator can facilitate disputing parties to resolve the dispute by making them understand what exactly they want. By using two case studies, the article highlights the skills used by the mediator in assisting the parties in negotiation.
(7/31/20)Roger Moss, Carole Conn
Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19
This article presents Bungay Stanier’s seven essential questions to focus on in a conflict coaching situation.
At the conclusion of a recent conference, following superb presentations emphasizing the value of principled and interest-based negotiation by William Ury and Scotland’s First Minister, Nicola Sturgeon, almost 100 mediators signed the "Edinburgh Declaration," an inspirational expression of belief and commitment. The Edinburgh Declaration explains why we mediate, something that is rarely publicly expressed.
(7/30/20)Kenneth Cloke, Joan Goldsmith, Rosemary Howell, Alan Limbury, Valeri Primo-Lack
Leadership is a skill. It is something everyone does at multiple points throughout their lives, whether they consider themselves leaders or not.
(7/30/20)Aloysius Goh, Sean Lim, Samantha Lek, Megan Tay
Humbling as it may be for adults to admit, the sages who can unlock the Golden Age of mediation may actually be the youth.
The metaphor of an iceberg has commonly been used as a metaphor about conflict.
This article discusses the practical considerations or the do’s and don’ts of conducting a mediation online.
Click here for MORE ARTICLES
Being open to difficult feedback, even about racism, can help you grow.