Mediators around the country find themselves uncomfortable with what is being called mediation in their own and other areas. Accusations are made that one or another approach to mediation is not “real” mediation or are not what clients wanted. In addition, many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.
Carefully managing negative personal mannerisms can result in a more confident and competent negotiator who is aware of their own and others' negative personal mannerisms and who makes deliberate and conscious decisions about managing them.
I’ve had repeated requests for the language I use to describe and define common conflict resolution terms like dispute, conflict, mediation, and facilitation. Here’s the language I use and a PDF download suitable for printing.
Even though it is vital to know conflict resolution skills yourself, it’s also vital to know when to call a third party for help.
I tried to figure out an answer for the client. Then went home and withdrew into myself.
This article is the talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic.
An endgame is the strategy you plan for how you will play your last hand or your remaining chess pieces or the end of the race to ensure the outcome you want. Sometimes those strategies work and sometimes they don’t, but it’s the plan we put into place to get a desired result, and then we hope it works.
In this article, I will offer a succinct overview of definitions, principles, approaches, opportunities and limits of mediation, a method of conflict resolution encompassing a wide range of practices.
Self-determination (volition), sometimes, means mediation participants get to make ‘bad’ decisions.
What does it mean to hold the space for someone who’s trying to get somewhere different in a conflict?
One of the most common illusions that new coaching clients have is that by working with me they can somehow find tricks or techniques to convince the other person to think and behave differently.
Arbitration is in crisis. Under fire as an oppressive, claim-suppressing method of dispute resolution, imposed by businesses upon unsuspecting employees and consumers, arbitration is also becoming increasingly unpopular with its original designers – businesses in commercial disputes with other businesses
This article simply emphasizes the advantages of confidentiality to assist complete openness in difficult situations, so that a resolution can include healing and reconciliation.
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.
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.
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.
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.
Caring has much more applicability than compassion. Compassion is only called into being when there is suffering, when things are not going well.
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.
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.
(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.
A decade and a half in the ADR field has led me to ask the question: what about conflict preemption?
(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.
(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.
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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.