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John Lande

Reconciling Allegedly Alternative Mediation Models by Using DIY Models

(6/18/21)John Lande

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.

Nancy Shuger

A Lot of Common Sense and a Little Mazel Can Go a Long Way

(6/11/21)Nancy Shuger

This article illustrates how a combination of common sense and good luck can produce a positive outcome in mediation.

Kathleen Kauth

Being Offended is a Choice

(6/11/21)Kathleen Kauth

Taking offense at even minor things is a phenomenon that has been growing steadily over the last several decades.

Mohamad Radwan Al Omar

Global Voices Highlight: A Path to Mediation in the Middle East

(6/11/21)Mohamad Radwan Al Omar

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

(6/04/21)Eric R. Galton, Lela Love, Jerome F. Weiss

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?

Phyllis Pollack

“Noise” is not Bias!

(6/04/21)Phyllis Pollack

I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.

Kathleen Kauth

"Yes, But....." Hypocrisy in Conflict

(6/04/21)Kathleen Kauth

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.

Joy Rosenthal

You Might Have more in Common with Bill and Melinda Than You Think…

(6/01/21)Joy Rosenthal

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.

Hiro Aragaki

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

(6/01/21)Hiro Aragaki

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.”

Nicole Wilmet

In the Wake of COVID-19, Hawaii Legislature Passes Bill Requiring Mediation Before Eviction

(6/01/21)Nicole Wilmet

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.

Cinnie Noble

How Can We Understand Everything?

(5/24/21)Cinnie Noble

Miles Davis once said, “If you understood everything I said, you’d be me.”

Phyllis Pollack

Imbalance of Power!

(5/24/21)Phyllis Pollack

When negotiating, think about the power dynamics at play and especially where lies the balance of power.

Lorraine Segal

The Power of Story to Shift Conflict

(5/24/21)Lorraine Segal

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.

Kathleen Kauth

Effective Disagreement

(5/24/21)Kathleen Kauth

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.

Deirdre McCarthy Gallagher

Reaching the Finish Line: Using a Neutral Facilitator Can Help Lead the Path to Resolution

(5/24/21)Deirdre McCarthy Gallagher

In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast.

John Lande

Courts Should Make Mediation Good Samaritans not Frankensteins

(5/08/21)John Lande

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.

Art Hinshaw

Conflict Resolution Professionals as Politicians – Gary Friedman's Experience

(5/07/21)Art Hinshaw

Have you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics?

Jennifer Shack

Eviction Mediation Insights from Two Successful Programs

(5/07/21)Jennifer Shack

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.

Denise French

Cryptocurrency and Divorce

(5/07/21)Denise French

Naturally, as a Divorce Financial Advisor, I began thinking how these types of crypto assets were going to impact divorce settlements.

Abby Silverman

Preparing Clients for Productive Mediations

(5/07/21)Abby Silverman

Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining.

John Lande

We Should Replace Mediation Models with a Unified Conceptual Framework

(4/30/21)John Lande

A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension.

Kim Keenan

Diversity and Inclusion: Where Process Equals Purpose

(4/30/21)Kim Keenan

For many, campuses of higher education institutions are where students will develop their identities.

Michael Diliberto

An Offer You Can’t Accept

(4/23/21)Michael Diliberto

This article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998.

John Lande

Paul M. Lurie on Guided Mediation

(4/16/21)John Lande

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.

Amy Robertson

How you Approach a Disagreement Matters

(4/16/21)Amy Robertson

Separation is challenging; going through a separation during a pandemic can be more challenging.

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