Facilitation Articles

Facilitation Articles


Federal Ombuds Report

(5/26/17)Carole Houk, Lauren Marx

In the decades since the initial 1990 Recommendation of the Administrative Conference of the United States (ACUS or the Conference) on federal ombuds was adopted, the milieu in which government operates has, by all accounts, become more polarized, with government itself often the target of suspicion and hostility.

Reading Emotions

(5/26/17)Joe Markowitz

A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.

Chasing Dinosaurs

(5/26/17)Bruce Edwards

When I first began a career in mediation, almost thirty years ago, we often needed to convince others of the benefits of mediation.

On Being Bullied—reflections, lessons, and gratitude 8 years later

(5/22/17)Lorraine Segal

When I was in the middle of horrific, workplace experiences, I did whatever I could to protect myself from the worst effects of bullying and mobbing.

Nursing Homes May Continue to Use Arbitration Agreements

(5/22/17)Sarah Cole

In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration.

Cooperation with a Competitor

(5/12/17)Charlie Irvine

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."

How to be Truly Helpful When Someone is Upset

(5/08/17)Tammy Lenski

When someone is upset, one familiar response is to ignore it and forge ahead. Another is to try to make them feel better with kind reassurance.

Jack and Jill Go Up a Hill… And Argued No More (Part 2!)

(5/08/17)Phyllis Pollack

The tribal effect is often deliberately used to manipulate and divide people. It preys upon the “us v them” mentality.

Negotiation - Part 2

(5/08/17)Pete Desrochers

In preparing for an argument or negotiation we need to research the facts. We’ll never make the other party change his or her opinion if we don’t understand it.

DIS-agree and Commit

(4/28/17)Maria Simpson

Sounds contradictory, I admit, but it’s an interesting concept and raises an interesting question: Do we always have to agree before taking action?

A Pop-Up Mediation: Multi-Party Dialogue Using Mediation Brexit: A Constitutional Crisis?

(4/21/17)John Sturrock

On the evening of Tuesday March 28th 2017, a pop-up mediation event on Brexit took place at the Grassmarket Community Centre in Edinburgh.

Mediating in the Shadow of Faith: Personal Beliefs, The BATNA Analysis, and Dealmaking

(4/21/17)Gregg Relyea

This is a fictional story based on fact, teaching an example about mediation.

3 Things that Mediation is NOT

(4/21/17)Justin Kelsey

Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you.

Can Your Beliefs About Someone Alter Their Behavior?

(4/14/17)Tammy Lenski

If you believe someone is aggressive, could they behave more aggressively with you than with others?

Bullying in the Workplace: How to Respond Effectively

(4/14/17)Alan Sharland

This article explores the concept of bullying in the workplace and how to respond to it more effectively.

The Best Ten Minutes You'll Spend All Day

(4/14/17)Jason Dykstra

It was the breakthrough that we had been looking for. A new tool? No, it was a question that had allowed the person to reflect.

Vondran Tips for Mediation Success - Video

(4/09/17)Steve Vondran

Mediation provides parties (Plaintiff and a Defendant) with an excellent chance to settle their case. But you do not want to blow it and you want to make sure you are properly prepared to handle the case.

Jack and Jill Go Up a Hill….and Argue!

(4/07/17)Phyllis Pollack

As they are going up the hill, from out of nowhere, Jill makes an offhand but biting remark to which Jack responds negatively. The ensuing conversation gets totally off track on whether they should go up the hill and instead focuses on Jack’s personality traits and then on Jill’s personality traits.

Should Mediation Be Free?

(4/07/17)Sabine Walsh

It’s a no brainer, right? Shouldn’t it?

The Third Side

(4/03/17)Maria Simpson

Sometimes “new” information on conflict resolution sounds like what we already know, but an existing idea can be reframed and sound new all over again.

Can You Use a Mediator in an Uncontested Divorce?

(3/28/17)Gabriel Cheong, Esq.

If you and your spouse are unable to reach agreement in mediation, you still have the option of going to court.

Towards a Harmonised Approach to Mediation Legislation in Asia?

(3/17/17)Nadja Alexander

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.

Apple’s Terms and Conditions

(3/17/17)F. Peter Phillips

The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy.

Disputing at a Panchayat Meeting

(3/14/17)Peter Adler

When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.

On Apologies…. Once Again!

(3/10/17)Phyllis Pollack

If poorly worded, an apology can only exacerbate the situation rather than ease the hurt and pain caused by the initial faux pas.

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