I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions.
This article illustrates how a combination of common sense and good luck can produce a positive outcome in mediation.
Taking offense at even minor things is a phenomenon that has been growing steadily over the last several decades.
Most of the old generations in the Middle East witnessed arranged marriages, which escalated into disputes and conflicts afterwards due to the lack of love. This is why I spent most of my childhood mediating between family members, friends, and neighbors so they can solve their issues, and reach collaborative solutions, without knowing that this can be a profession one day.
Decline of Dialogue? Galton, Love, and Weiss on Joint Sessions, Caucuses, and the State of Mediation
If the point of mediation is to get parties together to discuss and thereby resolve their problems, why is the distinct trend to keep the parties apart?
I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.
Conflict situations frequently revolve around people who have gotten very set in their beliefs and very intolerant of others who do not hold those same beliefs.
Bill and Melinda Gates recently announced that they are divorcing after 27 years. Besides having to address their billions of dollars and their enormously influential foundation, this has brought attention to issues of a mature (or “gray”) divorce.
Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.”
In April 2021, the Hawaii legislature passed legislation to amend the state’s landlord-tenant code in the wake of COVID-19 and encouraged use of ADR.
Miles Davis once said, “If you understood everything I said, you’d be me.”
When negotiating, think about the power dynamics at play and especially where lies the balance of power.
When I work with clients, I first listen carefully and empathically to their story. They need to tell it and I need to hear it.
If we listen to the main stream media, it can often seem as if there is no hope for people of different beliefs, races, religions, politics, gender etc. to be in the same room together much less get along.
In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast.
Using a recent California appellate decision as a jumping off point, it identifies problems with mandatory mediation and recommends that courts use good dispute system design procedures to reduce risks of creating Frankensteins – mediation that produces injustices.
Have you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics?
As efforts ramp up to address the impending eviction crisis, I thought I’d revisit studies of two existing eviction mediation programs (in Minnesota and St. Louis) that were published last year.
Naturally, as a Divorce Financial Advisor, I began thinking how these types of crypto assets were going to impact divorce settlements.
Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining.
A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension.
For many, campuses of higher education institutions are where students will develop their identities.
This article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998.
Guided Mediation is a collection of best practices and tools in actual use that increase mediation efficiency, get earlier settlements, reduce legal and consultants’ fees, and minimize business disruption.
Separation is challenging; going through a separation during a pandemic can be more challenging.