Facilitation Articles

Facilitation Articles


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.

Reflecting on RSI Focus Groups in Washington, DC

(3/03/17)Susan Yates

My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.

Too Much Or Too Little?

(3/03/17)Bill Marsh

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement?

Harmful Effects of Child-Custody Evaluations on Children

(3/03/17)Ira Turkat

Child-custody evaluations have become commonplace in family-law disputes over living arrangements, parental decision-making, and time-sharing with offspring.

The Seductiveness of Being Right

(2/24/17)Lorraine Segal

The desire to be right is deeply seductive and understandable, but it can cause a lot of problems at work

One Intriguing Reason it's Hard to Take Responsibility for Problems

(2/10/17)Tammy Lenski

The next time someone declines to take responsibility for words or actions that had a bad impact, don’t immediately assume it’s a flaw in their character.

The Essential Elements of Mediation Training

(2/09/17)Stuart Watson

Mediation Trainer Stuart Watson shares the wisdom of the most important elements of a mediation training gained from training new mediators over the last 15 years.

See You in H*ll: Preparing for Mediation

(2/05/17)Adam Halper, Lauren Groetch

To arrive at a successful resolution in mediation, you have to work for it. Mediation is hard.

How to Say No Persuasively

(2/03/17)Tammy Lenski

“If you can’t say no, your yes is hollow.”

Even the Best Mediation Doesn’t Eliminate Differences – Nor Should It

(2/03/17)Dan Simon

Conflicts that are resolved only to etch out a settlement are resolved in the shallowest sense.

Embracing Impasse

(2/03/17)Denise Peterson

This article addresses three common impasses which can become future wins when mediators frame the discussion.

Such Interesting Language!

(1/27/17)Maria Simpson

The current linguistic environment is instructive, scary, and actually great fun.

Are You Trying to Defy the Laws of Gravity in Your Conflict?

(1/27/17)Meredith Richardson

In their book, "Designing Your Life," authors Burnett and Evans talk about "gravity problems," things like gravity that you cannot change no matter how hard you try.

Is It Ever OK to Blame?

(1/20/17)Ellen Kandell

Blame is frequently used, whether consciously or unconsciously, in an attempt to assign responsibility for something gone awry.

What I Learned from Studying Neuroscience about the Future of Mediation

(1/20/17)Camaron Thomas

Individual differences matter. To be of value, mediation has to draw on these differences to elicit how the parties make sense.

Borderlines: Neutrality on the Edges of Mediation

(1/13/17)Richard Barbieri

Mediators have Four Noble Truths, recited to each new set of parties we work with: “This process is Voluntary and Self-Determined; we are Neutral, and everything said here is Confidential.”

Barriers to Settlement: Fear of Regrets

(1/06/17)Jan Frankel Schau

Often times, the parties or their lawyers refuse to accept that “Last, best and final offer” because they think they will regret making the deal and not having the time and energy to take one more deposition, find the “truth”, the “smoking gun” or exact a little more pain and discomfort towards the other side.

Learning to Love

(1/06/17)Jason Dykstra

This article discusses a New Year's Resolution for bettering relationship and communication.

Mediating With Advocates

(1/06/17)Steven Goldman

Isn’t it reassuring knowing you have someone in your corner to advocate for you?

4 Things You Should Know About Civil Mediation

(1/06/17)Chris McHallam

While you may already be familiar with the process and its benefits there are a few important facts those considering mediation for a legal issue their business is facing should know.

The "Smart" of Compromise in Mediation

(1/06/17)Earlene Baggett-Hayes

The mediator’s options in compromise situations depends on the parties’ receptivity to the process.

Mediation Kindness in 2017?

(1/03/17)John Sturrock

Even with the inspiration of others, it’s understandable that we sometimes think the world’s problems are so big that we can do little to help.

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