Facilitation Articles

Facilitation Articles


Weaving the Narrative of a Conflict

(12/02/16)Tammy Lenski

Conflict takes root in the space between our narrative about what happened and theirs.

The Slippery Slope

(11/28/16)Phyllis Pollack

At one point or another in our lives, most of us have told “little white lies” if only to avoid hurting someone’s feelings. In telling that “little white lie”, we tell ourselves it is harmless and it will lead to nothing, and definitely, will NOT lead us to tell “bigger white lies”.

Listening Matters

(11/28/16)Maria Simpson

Since the election I’ve been hearing the same analysts that talked about the tone and style of the debates now talking a lot about listening and how so many people failed to listen carefully to others and understand their concerns.

Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination

(11/22/16)Robert A. Baruch Bush, Joseph P. Folger

For us and the colleagues we’ve worked with for many years, our first premise has always been that self-determination, or what we call empowerment, is the central and supreme value of mediation – a premise probably shared by many in the field.

Ironically, Bush and Folger are Evaluative

(11/21/16)Sam Imperati

There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."

A Collaborative Process to Resolve International Business Disputes: Mediation Policy as a Global Business Model

(11/16/16)Christiane Rosenbaum, David Weiss

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.

Want More Self-control During Conflict? Try appealing to your future self

(11/11/16)Tammy Lenski

Conflict can rob you of two precious mental faculties useful for sorting things out.

Mediators in the Service of Helping Others

(11/11/16)Milan Slama

It is a safe assumption that the majority of mediators consider themselves collaborators who like helping parties to find solutions with regard to their disputes or conflicts.

Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal

(11/11/16)Beth Graham

The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.

Let Mediation Help Your Business

(11/11/16)Sandeep Bhalothia

Trust is a crucial factor in development of business; mediation can help in business development by re-sprouting the trust between the affected parties.

Different Ways of Looking at the Same Thing!

(11/04/16)Phyllis Pollack

Emotions, not logic, control our decision making.

The Mediators--New Show

(11/04/16)Zeno Daniel Sustac

In Romania, there are over 4 million files waiting to be solved by courts – which implies a lot of stress, money and time.

Hedeen on The Future of Conflict Theory

(11/04/16)Jen Reynolds

It is daunting, however, our role to hazard predictions about the next thirty years of conflict theory.

Lost for Words

(11/04/16)Ian MacDuff

A few recent observations prompt this blog about language and the world of words that we work with in mediation.

Mediation in Multi-billion Dollar Dispute

(11/04/16)Michael Toebe

Two medical-testing firms have a $5.8 billion deal ready to go yet there are serious legal, risk and ethical issues in the way. The firms have agreed to mediation, which is an encouraging sign of progress in corporate business.

Embracing Imperfection: One Aspect of Eastern Philosophy that Strengthens the Mediator

(11/04/16)Joshua Neuder

As mediators, it is important that we present as professional and competent in our relational expertise with parties.

Mediating Valuation Disputes In Minority Oppression Litigation

(11/03/16)Arthur Rosenbloom

This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.

After Trump v. Clinton: How “Stronger Together” and “Great Again” Can Become “Great Together”

(10/31/16)Jim Melamed

Wow, what a divisive election! Some reasonably fear that this is the end of civility in American society. One reasonably wonders whether things have ever been worse. So, what do we do on November 9?

New Approach to Conflict Resolution

(10/28/16)Tony Belak, Pradeep Deshpande

Traditional approaches to conflict resolution rely on negotiations and changes in training, policies, and procedures. Trying to fix problems after they have already occurred is akin to the desire to improve quality, productivity, and performance in manufacturing and service applications with monitoring alone.

Healing Old Hatreds at Work or Anywhere

(10/28/16)Lorraine Segal

One of the sources of unresolved conflict at work and elsewhere can be unconscious (or conscious) bias and prejudice.

Cross Disciplinary Approach to Conflict Resolution

(10/28/16)Maria Simpson

Not only can the skills of mediation be applied to many different situations, but mediation can be influenced by other areas of study as well.

Mediación Aplicada a la Resolución de Conflictos Surgidos por Cambios de Temperatura Frío y Calor en la Escuela Secundaria

(10/28/16)Sandra Untrojb

El caso de investigación se basa en los problemas que genera el cambio de temperatura según las diferentes estaciones del año en un aula de una escuela secundaria de la Ciudad Autónoma de Buenos Aires.

The Attorney, the Client and the Mediator

(10/28/16)Brian Jerome

The success of a mediation is not always told in the settlement agreement. While it’s great to "Get to Yes,” understanding the nuances of getting there so as to repeat the process is, for most, the undiscovered area. Here we will explore the roles and relationships between lawyer, client, and mediator.

Tom Kosakowski TEDx Talk on Organization Ombuds

(10/27/16)Tom Kosakowski

Tom Kosakowski, Ombuds at UCLA HHS office, shares a TEDx talk discussing how ombuds can play a role in the future of organizational conflict resolution.

The Future of Mediation: Be Less Certain—and More Flexible

(10/24/16)Bernard Mayer

The challenge we face is how to be adaptable, but still focused and effective. To meet this challenge, we need to remain clear about our fundamental purpose, to keep working on refining our skills and enhancing the range of approaches we can take to achieving those purposes, to commit to diversifying our field, and to maintain a clear hold on our values and ethical principles.

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