New at Mediate.com
Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly
Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms.
Conversation, Kindness, and Democracy
Are kindness and conversation still possible? What about the many other people who share a perspective with those folks and are not themselves violent?
Radical Collaboration
Collaboration is an emerging platform for economic success in law.
Non-Directive Empathic Listening
In this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding.
Book Review: The Art of Roleplay and Dispute Resolution Training
Role plays are one of the most common tools used by mediation trainers. In his new book, Marc Bhalla takes a deeper look at how to use role plays effectively and shares some of his tested and effective scenarios.
A Negotiation Innovation: An intelligent negotiation assistant
I am sitting in a room, negotiating a sale, and I’m thinking: Which is likely to be more favorable to me: put a figure on the table, or insist the Other does so first?
Best 10 Books About Mediation Ever Written
The difference in opinions, beliefs, views, values, and desires, plus the need to establish supremacy of one over the others often causes conflicts to arise in different situations.
Pandemic Pivot - ADR Poised for Prominence During Recovery
Never have we been more needed, and never have we needed to be more flexible.
Egalitarian Change – Our Roles and Responsibilites
“Never let a good crisis go to waste” – Alistair McIntosh
5 Zoom Lessons for Leaders
During the pandemic, business leaders can learn from educators about overcoming the communication challenges that video conferencing platforms present.
10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving
Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.
Let’s Make 2021 the Year of Resolutions
2020 was a tough year for many of us, from the pandemic to shutdowns to political chaos. Let's use the fresh start of the new year to set our sights on a more optimistic horizon.
Theory vs. Reality: Where the Rubber Hits the Road
After spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world.
How To Screw Up a Mediation in our Brave New World
FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition
Mediators, Time to Mend Our Nets
This article examines what we should do as mediators during the pandemic.
Collaboration is the Future
Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.
Resolving Legal Battles, One Text Message at a Time
The Franklin County Municipal Court (FCMC), located in Columbus, Ohio offers online, text-message mediation. This article highlights the data from mediations completed entirely online, by text message, in one of FCMC’s mediations programs.
Is My Bias Showing?
In his recent book, Online Courts and The Future of Justice, author Richard Susskind posits, “…litigants do not really want courts, judges, lawyers, rules of procedure, and the rest. More likely, they want not to have a problem at all."
Reflections on the last 525,600 minutes!
This article looks at: What three things have I learned in the last 525,600 minutes?
First Holiday Season After Divorce
Your first Christmas or other major holiday after divorce can be tough, and it will no doubt be different.
50 Questions You Can Ask Friends and Relatives in Political Arguments
Preparing for Holiday Gatherings: In the aftermath of the election, and as we head into the holidays when we will be talking with friends and relatives we may find ourselves disagreeing with, in addition to the substantive points we want to make, here are 50 questions we can ask to help make our conversations more interesting and productive.
How Simple Mediation Skills Can Bring Peace After The Election
Regardless of who you supported during the 2020 election, it’s inevitable that you’ll hear, see, or experience the increased emotionality brought about by our current political climate, especially during the holiday season.
Navigating Cybersecurity in ADR
Cybersecurity is the protection of internet-connected systems like hardware, software and data from cyber-threats and unauthorized access that can be designed to access, delete, or extort a user’s sensitive and personal data.
What to Do When Abrasive Behavior Disrupts Your Mediation Process
As mediators, we are hired and trusted to come into a situation and use our best judgment and experience to deliver results in the form of durable negotiated agreements and changed behavior. In rare situations we will encounter abrasive behavior by one or more parties, and in those cases we must be prepared to shift our process to accommodate the landscape and serve the parties in the best way possible.
Stepping Into 2021
We all make specific resolutions, affirmations, pledge ETC (End of Thinking Capacity), when we step into a NEW YEAR.
The 2020 Elections, Mediation, and the Political Divide -- What Next?
Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?
Special Education In a Pandemic: A Legal and Guideline Summary for Mediators and Conflict Resolution Practitioners
This paper helps Conflict Resolution Practitioners update their expertise by summarizing current federal legal guidelines, laws and regulations, and expectations from Public Authorities, during the COVID-19 Pandemic. The paper also reviews the expectations and rights of State Education Agencies, Local Education Agencies, and parents or guardians of children with disabilities during this unprecedented time.
Progressive Discipline, the Misunderstood Frontier
In today’s modern workplace there is always a potential for a conflict to arise given the fact that we live in a global village with increase communication, hence the potential for increased conflict.
Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?
This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.
Mediating with Cultural Competence
Starting with ourselves is the first step to cultural competence.
Bridging the Gap Between Us
Republicans and democrats have historically been divided by their strongly held belief systems. In the wake of recent events regarding racial injustice, many republicans and democratic lawmakers have attempted to come together to find common ground on the increasingly important social issue of racial injustice.