Facilitation Articles

Facilitation Articles


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.

Renewing And Strengthening Relationships In The New Year

(1/03/17)Patricia Porter

As you enter 2017, reflect and commit to being intentional on the small gifts you can provide to strengthen, honor and acknowledge those important relationships in your life. Here are some ideas to consider.

Stepping Outside of Ourselves

(1/03/17)Phyllis Pollack

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false.

Avoiding Court in Business Disputes

(1/03/17)Richard Gertler

As a business owner a lawsuit can be a stressful situation. Fortunately, you have options, even when a dispute appears headed for the courtroom. By working with an experienced mediator, you gain hope of steering a business disaster toward an agreeable — and even amicable — resolution.

Be Prepared for Life's Stressors

(12/23/16)Richard Peachey

This article examines why scouts and guides have better mental health in later life.

Building Common Ground Between Bubbles - Part 3 of 4

(12/18/16)John Lande

People should first try to understand others, especially those with whom we disagree – perhaps disagreeing quite strongly.

A Surprisingly Effective Substitute for Unsolicited Advice

(12/18/16)Tammy Lenski

Want to break the advice-giving habit but aren’t sure what to do instead?

Exception to Mediation Confidentiality: Moving Forward

(12/09/16)Phyllis Pollack

On December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to discuss its Study K-402-Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct.

Headlines of Mediation Failure Not Based on Evidence

(12/09/16)Michael Toebe

I have seen on more than a few occasions an online headline that says "mediation fails in....(dispute)". This article attempts to provide alternative thought to that claim and misconception.

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