Facilitation Articles

Facilitation Articles




The Art and Science of Mediation: How the Principles of Commitment/Consistency and Expectation May be Applied to Mediation to Help Break Party Impasse - Part Two (11/21/14)
Jennifer Winestone
This article provides a review of two psychological concepts derived from Robert Cialdini's "Influence: The Psychology of Persuasion" and Dan Ariely's "Predictably Irrational" and considers their practical and ethical implications as applied to mediation.


Fear Comes to School: Mediating Among Parents Around Ebola (11/21/14)
Richard Barbieri
As medical personnel, emergency aid workers, and diplomatic personnel return to the U.S. from West Africa, schools must manage tensions between local families who are fearful for their own children, and parents who have been at the front lines attempting to stem the epidemic. What mediator strategies may prove useful?


De qué manera puede incidir e insertarse el Crowdsourcing en la Resolución Electrónica de Disputas (CORD) en un futuro? (11/21/14)
Alberto Elisavetsky
El siguiente es un artículo colectivo, producto de los aportes, comentarios y reflexiones que se realizaron en el foro de Cyberweek 2014.


First Ever Conflict Resolution Flash Mob! (11/21/14)
Linda Mealey-Lohman
Talk about creative ways to teach the public about ADR! Watch the video of the first conflict resolution flash mob.


Processing it All on the Last Day…. (11/21/14)
Karmit Bulman
On my last evening in Israel, I walked on the beach and gazed at the sunset over the beautiful Mediteranean Sea and I was full of so many complex thoughts. That day my visit to Neve Shalom Wahat Al-Salam involved me joining a group of German Citizens who came to view the atrocities imposed upon the Palestinians by the Israeli Government.


10 Tips for Choosing the Right Divorce Mediator (11/14/14)
Cris Pastore
Perhaps you've come to the realization that divorce mediation is the way to go for you and your spouse, but how do you choose a divorce mediator? After all, not all divorce mediators are created equal.


5 Ways to Ruin Your Relationships (11/14/14)
Jason Dykstra
Ugh…relationships…who needs them? They are so needy! Your coworker always wants to go out for a beer after work, your partner wants to spend time with you, your friend keeps calling you up to come see your new house. Who has time for all this? It’s probably better just to get rid of them all. So here’s 5 things you can do to ruin any relationship in your life; work, home, friends, even acquaintances.


Arbitration in Evolution (11/14/14)
Beth Graham
The arbitration survey conducted by Professor Tom Stipanowich and the Straus Institute revealed current practices and trends in arbitration. This article specifically examines the demographics of the arbitrators and questions whether these demographics are the best for the business.


The Growth of Arbitrator Power to Control Counsel Conduct (11/14/14)
Margaret Moses
There have been increasing calls over the past few years for an international code of conduct for counsel in international commercial arbitration, and for arbitrators to have more power to control counsel conduct. The growing concern is related to significant changes that have taken place in international arbitration practice.


Time Is "Like-The-Present" (11/14/14)
Phyllis Pollack
There is an old adage, "Why do today what you can put off until tomorrow?" And indeed, many of us do just that because time is a precious commodity of which there is never enough.


Who Are You When You're in Conflict? (11/11/14)
Cinnie Noble
It happens sometimes that we lose track of ourselves when in conflict. We may find we turn into someone who doesn’t even resemble who we usually are and how we interact. We may become an angry parent, a petulant child, a dogmatic teacher, a judge or other personas that reflect a different somebody than we want to be.


5 Reasons It’s Hard for Mediators to Support Self-Determination (11/11/14)
Dan Simon
Many mediators practice consistently with our intention to support party self-determination throughout the process. These mediations tend to be very meaningful to the parties and tend to lead to profound shifts in how parties see the situation, themselves, and each other. They also tend to lead to settlements that all parties are genuinely, lastingly at peace with. But in the world of litigation, mediations continue to be far less effective, meaningful, and empowering than they could be. Many mediators who work on litigated cases continue to use methods that undermine self-determination, that interfere with inter-party recognition and that cause the process to be far less satisfying. Here are 5 reasons that these less effective practices persist.


Giving Children a Voice (11/11/14)
Sabine Walsh
“There can be no keener revelation of a society’s soul than the way in which it treats its children.” Nelson Mandela


Intervening in Conflict When It's Not Your Job (11/11/14)
Tammy Lenski
When you’ve got conflict resolution skills, you can’t help but notice all the situations around you that might benefit from your help. But how do you choose when to help informally and when to stay out of it?


Metrics (11/11/14)
Joe Markowitz
I was interviewed the other day for a possible article on court-ordered mediation. In discussing this topic, it's hard to avoid talking about such questions as settlement rates in various kinds of programs, or how mediation programs affect the workload of the courts


Did Hunger Sabotage A Mediation? (11/11/14)
Phyllis Pollack
The other day, I conducted two mediations between the same plaintiff's counsel, the same defendants and their counsel. The only different party in the two mediations was the plaintiff. One mediation was to start in the morning and the next in early afternoon, figuring each would take about 3 hours.


Reflections on Everything is Workable: A Zen Approach to Conflict Resolution (10/31/14)
Doris Tennant
Everything is Workable (Shambhala, 2013) is Hamilton’s book about how to live consciously in a world sated with conflicts. She acknowledges that learning conflict skills asks something of us: “The more intimate we become with human suffering, the greater our compulsion to serve others.”


The Shocking Cost of Divorce in PA (10/31/14)
Cris Pastore
The added expense of living in two separate households may be obvious in a divorce case, but have you also budgeted for the cost of hiring a divorce lawyer to go to court? Read this article to gain a full understanding of the fees associated with a divorce lawyer and understand why divorce mediation may the better option for you.


Mediation will Get its Foot in a South African Door (10/31/14)
Jacques Joubert
A fortuitous incident one Monday morning changed everything for two disputees. The two trustees found themselves in the uncomfortable position of getting into the same lift. Without acknowledging each other’s presence they watched the doors close and felt the lift slide down from the 12th floor. It stayed stuck there for two hours - perhaps the most fortuitous two hours of their lives. For in those two hours they resolved a two-year long frozen conflict by talking to each other – person to person.


What is Negotiation? (10/31/14)
John Lande
We often think of negotiation as a distinct and climactic phase of a dispute. Interactions leading up to the final settlement event are often considered merely as preparation, if that. In litigated cases, we often ignore the litigation as if it was largely irrelevant to the information available and the dynamics in negotiation.


Hair Trigger Temper (10/31/14)
Cinnie Noble
You may have heard the phrase hair trigger temper referring to someone who reacts strongly when angry. As an adjective hair trigger has been described to mean “easily activated or set off; reacting immediately to the slightest provocation or cause”.


10 Things I’ve Learned From Being a Mediator (10/31/14)
Vivian Scott
I’m lucky that I’ve had so much training and experience in mediating issues between others. It’s impossible to be a part of the mediation community and not learn a thing or two about oneself in the process. So, today I’m going to share, in no particular order of importance, ten things I’ve learned along the way.


Healing your Relationship with Money: Letting go of Fear, Resentment, and Scarcity (10/31/14)
Lorraine Segal
Is talking about money scary, triggering, or confusing? Do you worry that there is never enough? Issues around Money can be big emotional triggers for many of us.


E.D. Texas Orders Guardrail Safety Case to Mediation Following $175 Million Jury Award (10/31/14)
Beth Graham
Interestingly, Judge Gilstrap stated representatives for the nation’s Department of Justice and the FHA may be involved in the mediation process due to the unique nature of the case.


Conflict Expression: Moving from the ‘What’ to the ‘How’ in Assessing Conflict in the Workplace (10/31/14)
Nick Redding
In both research and practice, conflicts at work are often categorized based on what they are about: conflicts over the actual work that is being done (i.e. task), disagreements over how team members should work together (i.e. process), or conflicts resulting from personal differences (i.e. relationship).


Transformative Mediation Program Helps Ohio Employees (10/31/14)
Dan Simon
Calls kept coming in to the Ohio Employees’ EAP program. Some calls came from a supervisor who was having trouble dealing with an employee. Some came from an employee who was having trouble with a supervisor. Sometimes it was co-workers who were in conflict with each other. Regardless of whom the conflict involved, the EAP was underequipped to help. They could counsel the caller, but the director of the EAP knew a different type of service was needed. So they sought outside expertise on workplace conflict intervention, and they put out a Request for Proposal.


The Italian ADR Saga: a Machiavellian Plot, or Just Lawyers Without a Plan (10/24/14)
Giuseppe dePalo
Mediation has long been a matter of contention in Italy. First introduced by a government decree in 2011, mandatory mediation resulted in strikes by part of the legal profession, and was then quashed in 2012 by the country’s Constitutional Court. As the number of mediations dropped drastically after the court decision, in September 2013 Italy re-introduced the mandatory requirement. The country is still in the growing pains of a new system.


Body Language in Online Mediation - What Do We Miss? (10/24/14)
Giuseppe Leone
Leaving aside for a moment the question as to whether the "limited" body language in online dispute resolution is sufficient or not for doing our job, I believe that while for us mediators body language is a key factor, from the parties' perspective it is not the "only" factor. For them, there are other important factors to consider.


Expectations and Conflict (10/24/14)
Cinnie Noble
One of the things that can lead to conflict has to do with unmet expectations. For instance, we had hoped that another person would have said or done something that reflects their care and concern for us; they excluded us from a gathering or decision; they had something we wanted and knew it was important to us; or they didn’t provide their support or were unreliable about a matter.


Eight Tips on How to Impress Your Arbitrator (10/24/14)
Richard Levie
While the most successful way to impress your arbitrator is with the merits of your case, there are smaller, but important, ways to create a favorable impression of yourself and your client’s case. This article is one arbitrator’s guide to creating an arbitral environment favorable to you and your client.


Federal Judge Orders Google Wallet Consumer Privacy Dispute to Mediation (10/24/14)
Beth Graham
A federal judge in California has reportedly ordered a consumer privacy dispute that was filed against technology giant Google to mediation.


The Mediator's Log: A Mediation Story - Section 2 (10/21/14)
John Sturrock
Part 1 discusses a typical mediator's morning, where all of the details of the case and the arguments are revealed. This section, Part 2, discusses a mediator's afternoon, where he uses all of his tools to help the parties understand each other.


Lessons from Jerusalem, Part II: The trouble with false assumptions (10/21/14)
Michael A. Zeytoonian
I wanted to continue the theme from my last Blog post about the Sea of Galilee and the notion of “being a Galilee” a bit with this blog post. This article discusses what I learned over this trip and the trouble with false assumptions.


Mediation 101: Know What It Is That You Want! (10/21/14)
Phyllis Pollack
I had an interesting mediation the other day. I say "interesting" as I am not sure what other adjective to use. Like most of my mediations, it involved an automobile. The plaintiff claimed that the defendant, a used car dealer, misrepresented several important details in the financing of the used automobile that she was purchasing. As a result, she was suing.


Occupy Central: Resolving the Current Impasse (10/13/14)
Jody Sin
Occupy Central (“OC”) has been promoted as a peaceful civil disobedience movement in Hong Kong where the leaders of OC mobilize masses of protestors to blockade Central District to fight for what they consider as genuine universal suffrage. These skirmishes are becoming increasingly violent, and it is time to find a non-violent end to this conflict.


When You Might Need Mediation After Divorce (10/13/14)
Cris Pastore
When the divorce mediation process succeeds, spouses and their families often report a tremendous benefit from having chosen the option. However, there are still times when ex-spouses, even if they remain amicable after divorce, may need post-divorce mediation.


Recognition of International Arbitration in Ukraine in Figures (10/13/14)
Konstantin Pilikov
Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not entirely arbitration-friendly jurisdiction is “promoted” with common thought about problematicenforcement of arbitral awards in Ukraine. However, in recent years Ukrainian legal system demonstrated significant progress in adherence to the arbitration-friendly approach. That progress had been measured during the study resulted in the research paper “Ukraine. Arbitration-friendly jurisdiction: statistical report, 2011-2012”


Seal It With a Kiss (10/13/14)
Michael P. Carbone
Justice Antonin Scalia was in the Bay Area recently, speaking to students at the University of San Francisco School of Law. On the subject of trial advocacy he told them that they should learn how to take a complex case and make it sound simple.


When Trust is Broken (10/13/14)
Meredith Richardson
Do you want to be right or do you want to be in relationship? This can be one of the hardest questions to answer.


Walking on Eggshells (10/13/14)
Cinnie Noble
When applied to interpersonal conflict I think of those disconcerting situations – such as walking on eggshells – when I am reluctant to raise an issue expecting that by doing so I will overly upset the other person. It seems this is most likely to occur when I have a history with and am aware of her or his sensibilities. Though I expect it also happens when we don’t know the other person but reckon that what we have to say will be difficult to receive. In any case, the image itself – from whatever the source –conjures up an extremely uncomfortable experience.


Just Don’t Ask and Get Good Karma??!! (10/13/14)
Cynthia Alkon
As many are probably aware, Microsoft’s CEO recently said that women who don’t ask for raises will enjoy “good karma.” So, his negotiation advice seems to boil down to just don’t ask and you count on the universe rewarding you in this life (or the next).


When to Fight (10/05/14)
Joe Markowitz
President Obama's speech to the United Nations this week is worth reading to study the evolution of the president's foreign policy views in response to new and continuing conflicts around the world. With respect to such crises as Russian aggression toward Ukraine, preventing a nuclear Iran, and the Israeli-Palestinian conflict, the president reiterated his belief in finding cooperative, negotiated solutions.


How to Mediate High-Conflict Cases: Balance and Control (10/05/14)
Jennifer Shack
Like a lot of ADR researchers, I’m always interested to know what really happens in the black box that is the mediation session. So, when someone pries the box open to look inside, my eyes light up. Researchers have begun using conversation analysis to uncover what happens in mediation that leads to successful outcomes. The latest contribution to this research comes from Norway, with a study of 154 custody mediations.


I Hate When He . . . (10/04/14)
Cinnie Noble
Lately I have been hearing several of my friends complaining about their life partners. It seems it is more than usual, but maybe I am just more aware of their plaints these days for some reason. The gripes typically start with “I hate when he (or she)…” and the “odious” acts, as they perceive them, may be how the person answers the phone, eats, flosses, leaves laundry on the floor, makes puns, and on and on.


Creating Spaces for Effective CVE Approaches (10/04/14)
Jeff Thompson
Have a look at the following. It reminds me firstly of Bernie Mayer's Beyond Neutrality- if we as conflict resolution professionals are seeking to make an impact in the world, perhaps we have to move beyond the neutral role of mediators (and other neutral roles).


Finding Success in Leadership (10/04/14)
Jason Dykstra
We asked a leader how anyone manages to stay engaged when they have to re-inspire leaders in a variety of different settings. The answer that they gave, seems to be the secret to success in every field, mediation and otherwise.


Creating A Foundation for Cohabitation (10/03/14)
Halee Burg
You are in a committed relationship. You and your significant other desire to live together but are not ready for or interested in marriage. You decide to rent or purchase a property together, or to move into a place one of you currently rents or owns. You are in good company, joining over eight million cohabiting couples in the United States.


Conflict in Start-ups (10/03/14)
Jeanette Bicknell
From one perspective, conflict in a start-up should not be different from conflict in any other similarly sized organization. And to be sure, some of the same factors that cause conflict in any organization – whether it is a family business or a partnership or a non-profit – can contribute to conflict in a start-up. Yet start-ups also have some unique challenges, and I’ve seen some rather bad advice targeted to them.


Conflict Resolution Day is October 16, 2014 (10/01/14)
Donald Lloyd
ACR's original intention was for Conflict Resolution Day to be promoted by community centers around the country. The belief is that if the public has a better understanding and awareness of mediation, they will be more likely to hire a mediator. And the more mediators that are hired, the better for all of us!


Divorce Mediation Sessions: What Goes on Behind Closed Doors (9/26/14)
Cris Pastore
If you are considering using divorce mediation as the option for your separation or divorce, you might find it helpful to understand what is actually discussed in the mediation room.

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