Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.
The nature of conflict has shifted from building understanding, connection and resolution between people to being in service, and pledging commitment to the grander evolutionary process, as nature “has its way” with humans experiencing conflict.
While you may already be familiar with the process and its benefits there are a few important facts those considering mediation for a legal issue their business is facing should know.
This article analyzes Republican and Democratic 'bubbles" and how we can build bridges between them.
A Collaborative Process to Resolve International Business Disputes: Mediation Policy as a Global Business Model
This is an editorial on real time updates on where we stand on significant policy initiatives affecting the cross border mediation process and what both the ADR and business community should be briefed on.
It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.
The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.
This is the complete interview by Robert Benjamin with Chip Rose, a national leader in the fields of divorce mediation and collaborative practice, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
As a child of divorce, a divorced mother of two, and a long-practicing divorce lawyer/therapist, divorce is not exactly something I would advocate for improving a child’s mental health.
This article describes the benefits I see from taking Collaborative training.
When parties are faced with an attractive settlement offer, they frequently wish to compare the offer to what they might get at trial, which is the product of the odds of winning times the value of the verdict or award. Naturally, they ask their lawyer “how likely am I to win?”
When I work with people to help them resolve their disputes, I often find that they are very preoccupied with finding fault and placing blame for what has happened to trigger the dispute. We spend a lot of our energies, time and emotion – clients and lawyers alike – looking backward at what happened and seeing who we can hold liable.
We've spent far too much time thinking about the global causes of climate change, and not nearly enough worrying about the local impacts that climate change is already having on coastal communities. This article discusses how we involved communities in a collaborative discussion about climate change.
Will the future of mediation be, as Woody Allen remarked, “much like the present, only longer”? Given what we know about human nature, systems, and the resistance of each to change, that’s perhaps the safest prediction. But it’s also a less than hopeful prognosis, because mediation has much to offer the future, far more than it has achieved at present.
The author describes the pillars that have developed and appear to be the foundation of the Integrative Law movement and the emergence of a new legal system.
Many attorneys know and appreciate the benefits of mediation. Those who are familiar with the benefits of mediation readily propose and eagerly participate in it. However, should you encounter any resistance, how can it be addressed?
This is kind of a chicken and egg situation. Which came first, the possibility of reconciliation or choosing to use the Collaborative process?
The future of mediation and conflict resolution is the transpersonal. “Transpersonal” means a view of the person as more than their conscious mind.
Was there ever an opportunity for peaceful resolution of this civil rights conflict? We see President Johnson acting at times a little bit like a mediator between King and Governor Wallace, but no real attempt was made at creating a dialogue that could resolve the dispute.
The New York Peace Institute recently conducted a mediation training for the NYPD. They have kindly shared how the training went, tips and tricks for training, and some insights into the cross-over between police and mediation.
Many divorces happen because of financial problems. A prenup forces both parties to look at — and reveal — their financial picture. An open discussion about finance may help to build a firm foundation for marriage.
The Art and Science of Mediation: How the Principles of Commitment/Consistency and Expectation May be Applied to Mediation to Help Break Party Impasse - Part One
This article provides a review of two psychological concepts derived from Robert Cialdini's "Influence: The Psychology of Persuasion" and Dan Ariely's "Predictably Irrational" and considers their practical and ethical implications as applied to mediation.
Trade secret litigation often involves deep levels of distrust, suspicion, and anger on the part of parties and counsel. To avoid trial, the plaintiff must negotiate with the thief, adding insult to injury. The defendant may express outrage at being accused of theft, and suspect the litigation is merely a “fishing expedition” to uncover the defendant’s own trade secrets. How then can the parties overcome these issues and reach agreement during mediation? This article provides counsel with information and suggestions for successfully mediating trade secret disputes.
Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not entirely arbitration-friendly jurisdiction is “promoted” with common thought about problematicenforcement of arbitral awards in Ukraine. However, in recent years Ukrainian legal system demonstrated significant progress in adherence to the arbitration-friendly approach. That progress had been measured during the study resulted in the research paper “Ukraine. Arbitration-friendly jurisdiction: statistical report, 2011-2012”
From one perspective, conflict in a start-up should not be different from conflict in any other similarly sized organization. And to be sure, some of the same factors that cause conflict in any organization – whether it is a family business or a partnership or a non-profit – can contribute to conflict in a start-up. Yet start-ups also have some unique challenges, and I’ve seen some rather bad advice targeted to them.