Facilitation Articles

Facilitation Articles


6 Ingredients of an Effective Apology

(4/29/16)Tammy Lenski New research has identified six elements to an apology, and the more of those elements you include, the more effective your apology. Two are particularly crucial to having your apology accepted.

Cuando Los Guerreros Visualizan La Paz

(4/29/16)Eduardo Andres Sandoval Forero Una de las inevitables tareas que tiene que hacer cualquier persona que sea analista en conflictos armados, especialmente si está interesada o implicada en negociaciones de paz, es ver las razones que influyeron en la creación del grupo y su opción por el uso de las armas, su evolución al largo de los años, y el discurso que mantienen en la actualidad para justificar la lucha armada o para adentrarse a un nuevo territorio de construcción de paz.

Why Mediation Matters

(4/15/16)Michael Jacobs What's the purpose of mediation? What are doing when we sit in a room with our clients? It is not that these questions aren't important to practitioners; it's just that we tend to focus on what the clients bring and go from there.

Using Communication Tools in Mediation

(4/14/16)Randy Marcoz At the outset of a mediation, the disputants have all the background, the history, and the inside knowledge about the dispute. Mediators must play “catch-up.” This discovery requires good communication skills.

Economy and Caring – revealing the shortfall

(4/08/16)Michelle Brenner Caring has much more applicability than compassion. Compassion is only called into being when there is suffering, when things are not going well.

More on the Global Pound Conference

(3/31/16)Ian MacDuff In this blog, I’ll offer three observations about technology and one about a very non-technological aspect of mediation from the Global Pound Conference.

Mediating, Judging With Pro Se Parties: A Balancing Act

(3/31/16)Stephanie Klein Mediators, like judges, encounter ethical issues when dealing with a pro se party facing a represented party. If they try to compensate for parties without counsel, they run the risk of compromising their impartiality.

Failure to Mediate Held as Ground for Summary Judgment

(3/29/16)F. Peter Phillips A recent decision of the Supreme Court of Nevada addresses the question whether a party’s ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.

Conflict Preemption

(3/25/16)Charles Hill A decade and a half in the ADR field has led me to ask the question: what about conflict preemption?

The Pre-Mediation Conference Call

(3/04/16)Michael P. Carbone During most of the 22 years that I have been mediating, I did not require counsel for the parties to participate in a pre-mediation conference call. I have rethought that.

Creating Stable Agreements in Marine Policy

(3/04/16)Scott McCreary, Meredith Cowart Marine Protected Areas are frequently developed in consultation with the full range of stakeholders. Without proper process design, the agreements are not stable. This article details the challenges encountered in the stakeholder process to design Marine Protected Areas in Southern California.

How to Be a Great Facilitator

(2/29/16) Have you ever watched a good facilitator? They make it look easy , but its not as easy as you might think. Good facilitators are expert at stimulating discussion, generating ideas and producing outcomes. This video provides a few solid tips starting with preparation. Video by Karen Friedman.

Group Facilitation Workshop Facilitation & Facilitation Training

(2/29/16) Meeting Facilitation & Group Facilitation is an effective video with good facilitation skills & facilitation training. Michael Tipper shares tips for facilitating meetings & workshops.

Thinking about the Future and the Need for Action by Mediators - Part 1

(2/26/16)John Sturrock There is danger when speaking in generalities as if one had access to some sort of universal truth. What I say here is a reflection of how I see things. I’ll pose questions and not answer many of them. In a sense, however, that is being true to our mediator calling.

Fees & FINRA

(2/26/16)Richard Birke Following are two interesting and recent federal court rulings related to arbitration.

Your Memory About What Happened is Probably Wrong

(2/19/16)Tammy Lenski Memory doesn’t exist to help us perfectly recall things in our lives. It’s there to help us survive. And to do its job properly, memory must evolve.

Instructing Without Instructions

(2/18/16)Maria Simpson How do you tell someone (not) to do something when you have no authority over that person? This is a case where your powers of persuasion will be tested. Here’s the plan we developed.

In an Interdependent World There is No Them and Us, Only Us

(2/12/16)John Sturrock We have entered a fascinating period in British politics. The old certainties are gone. Recent disruption will inevitably cause instability - and opportunity.

The Minefield of Fee Disputes – It’s Not Just About Fees

(2/12/16)Malcolm Sher, Jobi Halper Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.

An Offer to Settle Does Not End the Case!

(2/05/16)Phyllis Pollack The Ninth circuit recently determined that a rejected Offer of Judgment did not moot the case. Defendant appealed. This is their story.

Successful Entrepreneurs Must Learn to Negotiate

(1/22/16)Larry Susskind If you can’t negotiate, you can’t be a successful entrepreneur.

I’m Telling on You, You Tattletale!

(1/22/16)Vivian Scott To me there’s a difference between calling out bad actors for the benefit of the greater good and tattling on someone with the intention of being unfairly rewarded. And, that’s exactly what I think is happening with the tattletale epidemic

The Australian Experience of Pre-Litigation ADR Requirements

(1/22/16)Greg Rooney Mediation is now well-established in Australia particularly in the commercial jurisdictions of the states and territories. However it is still viewed as an unwelcome visitor by many in the legal profession and the judiciary.

Control Addict – My Life As A Recovering Micromanager

(1/15/16)Patricia Porter “Ab, stop micromanaging…” My husband Bernard cried out. I was badgering him with questions about when he would complete a project on our house.

Whatever You Do, Don't Buy a Discount Baboon

(1/15/16)Brad Heckman My job in PA was to listen to people’s legal troubles and align them with an affordable attorney. One day, I got a call from a client who had been trying, with no luck, to find an attorney with experience with “monkey cases.”
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