Facilitation Articles

Facilitation Articles

How “Stronger Together” and “Great Again” Can Become “Great Together”

(10/27/16)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?

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.

Opening the Mediator’s Toolbox: Practical Skills for the Investigator

(10/24/16)Samantha Blake, Milan Slama Although they have distinctive practices that differ in purpose, goals, and approach, workplace investigators and mediators share certain common objectives.

How And Why To Avoid Political Talk At Work

(10/21/16)Patricia Porter Are you sick of people discussing politics at work? Or are you one of those folks who can’t seem to stop talking about the candidates?

Managers Want Conflict Resolution Training

(10/21/16)Maria Simpson A recent article in Forbes (10/1/16) includes some really dismaying statistics about management communication and training. Here are three.

Diversity and Mediation

(10/21/16)Ariel Belen Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties valued in the tens of millions of dollars.

Gestión Pacífica Latinoamericana de Conflictos Escolares

(10/21/16)Irma Isabel Salazar Mastache El objetivo de la presente investigación tiene que ver con conocer y analizar, desde la perspectiva teórica-conceptual de la paz integral, algunas de las posibles causas que imposibilitan u obstaculizan los diferentes procesos de mejora de la convivencia escolar, para después sugerir alternativas posibles que ayuden una cultura de paz integral.

Looking to the Future: Is There Still A Place For Proactive, Early Intervention Mediation in Our Changing Field?

(10/17/16)Nina Meierding The author is hopeful that mediators, participants, and attorneys will re-examine the trend of late intervention, lawyer-centric mediation and bring pro-active, early mediation back as one of the important focuses of the mediation field.

When Conflict is Real But Not True

(10/14/16)Tammy Lenski Chronic or unresolved conflict can trigger us to react based on what has happened in the past even when the present circumstances don’t warrant that reaction.

What does Faith have to do with Mediation?

(10/14/16)Jan Frankel Schau During the week between Rosh Hashanah and Yom Kippur, the Jewish people declare that “The Book of Life” is still open.

FINRA Dispute Resolution Makes Great Progress on Implementing Task Force Recommendations

(10/14/16)Jill Gross In December 2015, a FINRA Dispute Resolution Task Force issued its Final Report and Recommendations for improvements to the administration of its forum and its ADR processes.

A Brief Report from Down Under (Brazil)

(10/14/16)Ivo Bari To the same extent that Brazilian market agents excel in their passion, enthusiasm, and capacities as business (wo)men, these fail miserably when disputes emerge with their peers, competitors, clients and/or suppliers.

Friction With a Colleague? Ask for a Favor

(10/07/16)Tammy Lenski When friction enters a working relationship, sometimes the best path through isn’t to talk it out. Sometimes the best path through is an indirect one — ask for a favor. Here’s how the Ben Franklin Effect works.

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

(10/07/16)Beth Graham Yesterday, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services published a regulation that bans federally funded long-term care facilities such as nursing homes from using pre-dispute binding arbitration agreements.

Random Thoughts

(10/03/16)Phyllis Pollack Recently (as part of a book club), I read The Psychology of Conflict by Raul Randolph (Bloomsbury Publishing PLC, London 2016) who is a barrister and mediator. His approach is to use existentialism as the vehicle through which to discuss the psychological aspects of mediation.

Waiver of Class Action Without Arbitration Provision

(10/03/16)F. Peter Phillips In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision.

Meet and Confer

(10/03/16)Joe Markowitz For those who still think that litigation must always be conducted in an adversarial manner--that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution--consider that the courts are telling you otherwise.

Three Secrets About Difficult Conversations

(10/03/16)Amy Sereday This article promotes the use of elder and adult family mediation to approach issues of aging and geriatric care. Targeted towards family caregivers, it outlines 3 reasons mediation can be beneficial when approaching difficult conversations.

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.
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