Facilitation Articles

Facilitation Articles


Mediation and Yoga

(7/22/16)Jim W Hildreth This post describes another tool that mediators can add tot heir toolbag.

BREXIT: A View from the Philosophy of Liquid Modernity and Ethics of Alterity

(7/21/16)Maria Eugenia Sole Let's make an attempt to understand the recent events related to the output of the United Kingdom of the European Union from the perspective of contemporary sociology, but not before making a brief review of the paradigm shifts in the social field over the past centuries. En Espanol

A Funny Thing Happens when People Talk to One Another in Mediation

(7/15/16)Jan Frankel Schau This was an interesting week. I mediated three contentious, litigated matters. I did something a bit out of the ordinary for that phase of the mediation . . .

It Ain’t Easy To Say “I am Sorry”

(7/15/16)Phyllis Pollack There are right ways and wrong ways to say “I am sorry”. Most of us have figured out the wrong ways… by accident.

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.

What All New Leaders Should Understand

(7/11/16)Jason Dykstra Coming into a role where you are expected to get others to work together efficiently and effectively to create the best possible product or service isn’t an easy task.

110 Years of Mediation: Principles, Opportunities, and Challenges

(7/11/16)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.

Systemising the Way We Manage Workplace Conflict

(7/11/16)Mervyn Malamed A good Integrated Conflict Management System covers a spectrum of dispute resolution practices from formal, to informal, and developmental.

Just How Important is Non-verbal Communication?

(7/01/16)Tammy Lenski For decades, non-verbal communication has been lauded as an important part of establishing connection and understanding with others. Now a new study suggests non-verbals aren’t as key as we think.

Scotland’s ‘Mixed’ Feelings About Mediation - Part 2

(7/01/16)Charlie Irvine To a hammer, everything looks like a nail; and to litigators, most cases look ripe for litigation. But my generation entered the Scottish legal profession with an additional motivation: if a case runs its full course, it is not just good for our pockets, it is good for the law and good for the country.

After the Referendum, Has ‘Reasonable Behaviour’ Changed?

(7/01/16)Katherine Graham So one measure of assessment in a grievance or disciplinary investigation is whether the behaviour fell below the standards of the ‘ordinary reasonable person’ in the same situation – the famous ‘man on the Clapham Omnibus’.

Where the "Puck" is Going -- and What Faculty Should Do to Help Students Get There

(6/27/16)John Lande Analogizing the puck to the legal and dispute resolution fields, this program addressed where we are going and how, as legal educators, we can best prepare our students to “skate” there.

Teaching Negotiation Online: What Happens when you Adopt a UX (User Experience Design) Orientation?

(6/27/16)Larry Susskind I taught an online negotiation course for the first time this spring.

Business Mediation: Strengthening Partnerships for the Long Haul

(6/27/16)Dr. Lynne C. Halem Business partnerships are similar to marriages. Consider the problems encountered by these two very different partnerships.

Scotland’s ‘Mixed’ Feelings About Mediation - Part 1

(6/27/16)Charlie Irvine This paper considers Scotland’s lack of receptivity towards mediation in the light of its ‘mixed’ legal heritage of both civilian and common law influences. It contrasts the approach to mediation in common law jurisdictions (such as England and Wales and those of the USA) with that of France, where litigation acts like an ‘attracting magnet’.

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.

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.
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