Facilitation Articles

Facilitation Articles


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.

How to Give Your Spouse the Best Christmas Present Ever

(12/09/16)Meredith Richardson

When things are going well in a marriage, when you've been together for years and years, you can take your spouse for granted.

Weaving the Narrative of a Conflict

(12/02/16)Tammy Lenski

Conflict takes root in the space between our narrative about what happened and theirs.

The Slippery Slope

(11/28/16)Phyllis Pollack

At one point or another in our lives, most of us have told “little white lies” if only to avoid hurting someone’s feelings. In telling that “little white lie”, we tell ourselves it is harmless and it will lead to nothing, and definitely, will NOT lead us to tell “bigger white lies”.

Listening Matters

(11/28/16)Maria Simpson

Since the election I’ve been hearing the same analysts that talked about the tone and style of the debates now talking a lot about listening and how so many people failed to listen carefully to others and understand their concerns.

Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination

(11/22/16)Robert A. Baruch Bush, Joseph P. Folger

For us and the colleagues we’ve worked with for many years, our first premise has always been that self-determination, or what we call empowerment, is the central and supreme value of mediation – a premise probably shared by many in the field.

Ironically, Bush and Folger are Evaluative

(11/21/16)Sam Imperati

There is room in our field for a broad spectrum of mediation approaches. We should celebrate innovation and a greater diversity, rather than disparage the methods of others. This article rebuts Bush and Folger’s article: "Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination."

A Collaborative Process to Resolve International Business Disputes: Mediation Policy as a Global Business Model

(11/16/16)Christiane Rosenbaum, David Weiss

This is an editorial on real time updates on where we stand on significant policy initiatives affecting the cross border mediation process and what both the ADR and business community should be briefed on.

Want More Self-control During Conflict? Try appealing to your future self

(11/11/16)Tammy Lenski

Conflict can rob you of two precious mental faculties useful for sorting things out.

Mediators in the Service of Helping Others

(11/11/16)Milan Slama

It is a safe assumption that the majority of mediators consider themselves collaborators who like helping parties to find solutions with regard to their disputes or conflicts.

Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal

(11/11/16)Beth Graham

The Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the company in the event of a claim dispute in exchange for a lower homeowners’ policy premium.

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