Reconciling Allegedly Alternative Mediation Models by Using DIY Models
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.
A Lot of Common Sense and a Little Mazel Can Go a Long Way
This article illustrates how a combination of common sense and good luck can produce a positive outcome in mediation.
Being Offended is a Choice
Taking offense at even minor things is a phenomenon that has been growing steadily over the last several decades.
Global Voices Highlight: A Path to Mediation in the Middle East
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?
“Noise” is not Bias!
I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.
"Yes, But....." Hypocrisy in Conflict
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.
You Might Have more in Common with Bill and Melinda Than You Think…
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.
An AAPI Neutral’s Perspective on Culture and Contract Interpretation
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 the Wake of COVID-19, Hawaii Legislature Passes Bill Requiring Mediation Before Eviction
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.
How Can We Understand Everything?
Miles Davis once said, “If you understood everything I said, you’d be me.”
Imbalance of Power!
When negotiating, think about the power dynamics at play and especially where lies the balance of power.
The Power of Story to Shift Conflict
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.
Effective Disagreement
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.
Reaching the Finish Line: Using a Neutral Facilitator Can Help Lead the Path to Resolution
In my 25 years of running marathons, I have learned a few critical lessons: Don’t go out too fast.
Courts Should Make Mediation Good Samaritans not Frankensteins
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.
Conflict Resolution Professionals as Politicians – Gary Friedman's Experience
Have you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics?
Eviction Mediation Insights from Two Successful Programs
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.
Cryptocurrency and Divorce
Naturally, as a Divorce Financial Advisor, I began thinking how these types of crypto assets were going to impact divorce settlements.
Preparing Clients for Productive Mediations
Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining.
We Should Replace Mediation Models with a Unified Conceptual Framework
A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientations including a facilitative-evaluative dimension.
Diversity and Inclusion: Where Process Equals Purpose
For many, campuses of higher education institutions are where students will develop their identities.
An Offer You Can’t Accept
This article discusses pitfalls to avoid with settlement offers made under Code of Civil Procedure section 998.
Paul M. Lurie on Guided Mediation
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.
How you Approach a Disagreement Matters
Separation is challenging; going through a separation during a pandemic can be more challenging.