Facilitation Articles

Facilitation Articles


Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation

(6/22/16)Zena Zumeta 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.

Managing Negative Personal Mannerisms in Negotiation and Mediation

(6/10/16)Gregg Relyea 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.

Conflict Resolution Terms Defined

(6/06/16)Tammy Lenski 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.

4 Reasons to Call a Neutral Third Party

(6/06/16)Maria Simpson 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.

Carrying the Pain: A Mediator's Journey

(6/06/16)Jason Dykstra I tried to figure out an answer for the client. Then went home and withdrew into myself.

Oiling the Wheels of the Justice System

(5/27/16)Charlie Irvine 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.

Don't Take That Tone . . .

(5/27/16)Maria Simpson 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.

110 Years of Mediation: Principles, Opportunities, and Challenges

(5/27/16)Claudia Maffettone 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.

Mediatees Have The Right To Make ‘Bad’ Decisions

(5/21/16)Randy Drew Self-determination (volition), sometimes, means mediation participants get to make ‘bad’ decisions.

Holding the Space for Someone in Conflict

(5/20/16)Tammy Lenski What does it mean to hold the space for someone who’s trying to get somewhere different in a conflict?

The Illusion of Making Someone Else Change

(5/20/16)Lorraine Segal 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.

Curbing the Runaway Arbitrator in Commercial Arbitration

(5/14/16)Beth Graham 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

Responsibility via Confidentiality

(5/06/16)Charlie Young This article simply emphasizes the advantages of confidentiality to assist complete openness in difficult situations, so that a resolution can include healing and reconciliation.

6 Ingredients of an Effective Apology

(4/29/16)Tammy Lenski 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.

Cuando Los Guerreros Visualizan La Paz

(4/29/16)Vicenç Fisas 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.

Why Mediation Matters

(4/15/16)Michael Jacobs 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.

Using Communication Tools in Mediation

(4/14/16)Randy Marcoz 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.

Economy and Caring – revealing the shortfall

(4/08/16)Michelle Brenner Caring has much more applicability than compassion. Compassion is only called into being when there is suffering, when things are not going well.

More on the Global Pound Conference

(3/31/16)Ian MacDuff 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.

Mediating, Judging With Pro Se Parties: A Balancing Act

(3/31/16)Stephanie Klein 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.

Failure to Mediate Held as Ground for Summary Judgment

(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.

Conflict Preemption

(3/25/16)Charles Hill A decade and a half in the ADR field has led me to ask the question: what about conflict preemption?

The Pre-Mediation Conference Call

(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.

Creating Stable Agreements in Marine Policy

(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.

How to Be a Great Facilitator

(2/29/16) 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.
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