(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.
This article follows the history of mediation and how that foundation relates to its current state.
My friend and colleague, Daniel Weinstein, said it best when he observed, "In a world in which less than 1% of cases end in verdicts, it is surprising that lawyers prepare elaborately for a trial that will never occur, yet feel that the only preparation required for
mediation is a good night’s sleep."
Learn about a cyclist's positive perspective during Covid-19. Mediation provides a place for clients to gain perspective and, eventually, resolution.
What does one say which has any meaning at a time like this?
ODR is the use of technology and the internet to foster the effectiveness and efficiency of the dispute resolution process.
The reality of mediation practice in India is in stark contrast to mediation taught in theory.
(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.
Mediate.com is proud to publish "Seven Keys to Unlock Mediation’s Golden Age" and to offer this convenient Table of Contents for accessing all 25 original "Keys" articles and accompanying videos. Special thanks to Michael Leathes, Manon Schonewille and Clare Fowler for leading this important project!
(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.
This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.
(7/31/20)Roger Moss, Carole Conn
Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19
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.
This article presents Bungay Stanier’s seven essential questions to focus on in a conflict coaching situation.
Frank Sander reflects on his concerns within the field, which include the tension of quality vs. quantity of the practice, the lack of studies of cost effectiveness, disappointments with the court system fees, and the difficulty of getting more young people/apprentices into the field. However, he's optimistic about the future of mediation.
(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.
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.
(7/29/20)Carrie J. Menkel-Meadow
Carrie Menkel-Meadow talks about her early experiences with Gary Friedman and their efforts to bring humanistic psychology to law. The value-based mediation process still informs her practice.
Homer LaRue discusses his concerns of mediators not getting into the field because of the credentialing process, specifically persons of color not getting into the field, and bridging the gap between mediators of color and the "high-volume, high-quality case users".
(7/28/20)Ava Abramowitz, Kenneth Webb
After 47 empirical studies, the American Bar Association Dispute Resolution Section’s Task Force report, “Research on Mediator Techniques,” was perplexing.
(7/28/20)Emma-May Litchfield, Danielle Hutchinson
As insights and priorities continue to emerge from the data from the 2016-17 Global Pound Conference, its unique value becomes increasingly apparent.
Folklore was the class at university that fundamentally altered how I view the world.
Margaret Shaw talks about what she hopes to see in the future for mediation: that mediation in schools will make a difference; certification regulations will form slowly, so as not to lose the flexibility of the field; that there will be an increased emphasis on collaboration in society.
Conflict is inherent and pulsating in every situation or aspect of life.
This article discusses therapeutic alliances in organizations: fostering collaboration, mitigating conflict, and improving performance.
(7/25/20)Barney Jordaan, Deborah Masucci
Mediation is rarely taught as a core subject in business schools, law schools and other professional curricula, despite the fact that an increasing number of jurisdictions now provide for some form of court sponsored mediation.
(7/25/20)Angela Herberholz, Emma Ewart Keir
Practicing mediators with advanced knowledge, skills and experience need to support the next generations of mediators to ensure a positive and vibrant future of mediation.
(7/25/20)Tim Hicks, John Sturrock
Fundamentally, mediators work with people’s psychologies and identities, their worldviews and self-views - everything that makes up what it is to be a human being.
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Perplexed by the slow uptake of mediation in many places, is it time to wonder whether the mediation field has taken sufficient account of the centrality of culture?