Facilitation Articles

Facilitation Articles


Money and Happiness: How Mediation can change your client’s outlook

(9/23/16)Jan Frankel Schau It seems to me that if the mediator can symbolically suggest that within 30 days, the individual would have $XXXXX in their bank account to do with whatever they wish, including merely keeping it in there as a “safety” precaution if times get rough, we might go a long way towards boosting their happiness quotient.

When Does Unconscious Bias Become Discrimination?

(9/23/16)Roland Chesters Nobody likes to be told they are biased – usually. Most of us would like to think that we are fair and open-minded, willing to explore the unknown – to a degree, accepting of other people’s differences. At least that’s what I used to think.

The Real Message Anger is Trying to Deliver

(9/16/16)Tammy Lenski During conflict, focusing mostly on anger’s behavior instead of on anger’s real message is like burying the lede in a news story.

Emotions Control

(9/16/16)Phyllis Pollack Researchers discovered that when the LSU Tigers unexpectedly lose a football game, the juvenile judges take their anger/frustration at the loss out on the juveniles before them by imposing longer sentences.

New York’s Global Pound Conference

(9/16/16)F. Peter Phillips A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.

Mediation is Not Magic

(9/16/16)Hadassah Fidler Mediation is the buzz word of conflict resolution. Reading around mediation would make it appear that if you have a conflict, a mediator, like a magician, can wave it away without a frown crossing anyone’s face.

Training Law Students to be Leaders

(9/09/16)John Lande The Ohio State program teaches students about lawyers’ service as leaders in various ways in their work in addition to lawyers’ generally-recognized leadership roles in civic society, including public service, outside their day jobs.

3 Everyday Practices That Will Make You a Good Listener

(9/09/16)Tammy Lenski You don’t get better at listening during conflict by practicing during conflict. You get better at listening during conflict by practicing outside of conflict, where the stakes are lower and it’s easier to be on top of your game.

Doing Commerce Requires Relationship: Why Relationship is an Important Part of Commercial Dispute Resolution

(9/09/16)Denise Evans Commerce is a relationship activity – it makes no sense if mediators fail to address relationship in resolving commercial disputes.

Reality Testing: The Right Dose at the Right Time

(9/09/16)Bernard Morrow This article examines party expectations and testing those expectations in mediation.

The Regulatory Robustness Rating in Practice: Conclusion

(9/02/16)Nadja Alexander Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy.

Divorcing Peacefully

(9/02/16)Zahra Jimale A comparison of the resolution process of two former spouses, one who chooses litigation and the other who chooses the collaborative process.

Non-Apology Apologies

(8/26/16)John Lande The law generally doesn’t do much to promote apologies. Even if courts could order parties to apologize, the apologies probably would be of the unsatisfying tell-your-sister-you’re-sorry variety.

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

(8/26/16)Phyllis Pollack During the past year, there have been two interesting developments regarding mediation confidentiality.

The Power of the Unexpected Question

(8/26/16)Ian MacDuff As mediators, it is great to reflect on the challenge and the power of finding just the right question – usually one that can’t be planned, but one that reflects an intuition about what “tweaks” the conversation could withstand and what might just provide a new direction.

Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.

What's Wrong with Transformative Mediation?

(8/19/16)Donal O’Reardon “Transformative” mediation has grown in popularity in recent years. It’s a style of mediation that looks to “transform” the relationship between the parties in a conflict.

New Book on Business ADR

(8/19/16)F. Peter Phillips The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon The communication problems that happen in the mediation session might be symptoms of the conflict.

Principles and Practices of Peace and Conflict Resolution in Islam. The Case of Morocco.

(8/19/16)Claudia Maffettone In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.

The Evolution of Hunters and Gatherers

(8/15/16)Jeffrey Krivis Our evolution has been largely shaped by our environment, which gives us new resources and technology to continue our journey. But make no mistake about it, we are and will always be hunters and gathers.

How Do You Deal with Conflict as a Leader?

(8/12/16)Patrick Moulsdale A unique combination of nature, nurture and life experiences means that every one of us sees the world from a different perspective.

Conflict Behavior (Not Conflict Personality!)

(8/12/16)Mervyn Malamed Conflict personality, or conflict character, has little to do with effectiveness. Conflict behaviour is what counts, and conflict behaviour can be changed.

Power Imbalance: The Challenge of Leveling the Playing Field

(8/12/16)Bernard Morrow As a mediator, I am often faced with imbalances caused by a variety of factors: relationship dynamics between the disputing parties, a lawyer having more experience, expertise or knowledge than opposing counsel, or a party being better prepared or more knowledgeable about the facts of the case than another.

The Kluwer Mediation Blog’s Summer Quiz

(8/12/16)Anna Howard For those of you looking for a little challenge in your spare time, please read on for the Kluwer Mediation Blog’s inaugural summer quiz.
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