Facilitation Articles

Facilitation Articles


Manage, Don’t Enable, Feuds at Work

(8/19/16)Lorraine Segal When disagreements at work are unresolved, one of the unfortunate outcomes can be long lasting workplace feuds.

What's Wrong with Transformative Mediation?

(8/19/16)Donal O’Reardon “Transformative” mediation has grown in popularity in recent years. It’s a style of mediation that looks to “transform” the relationship between the parties in a conflict.

New Book on Business ADR

(8/19/16)F. Peter Phillips The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to “cut across the solos.”

Miscommunication: A Symptom, Not Just a Cause

(8/19/16)Dan Simon The communication problems that happen in the mediation session might be symptoms of the conflict.

Principles and Practices of Peace and Conflict Resolution in Islam. The Case of Morocco.

(8/19/16)Claudia Maffettone In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.

The Evolution of Hunters and Gatherers

(8/15/16)Jeffrey Krivis Our evolution has been largely shaped by our environment, which gives us new resources and technology to continue our journey. But make no mistake about it, we are and will always be hunters and gathers.

How Do You Deal with Conflict as a Leader?

(8/12/16)Patrick Moulsdale A unique combination of nature, nurture and life experiences means that every one of us sees the world from a different perspective.

Conflict Behavior (Not Conflict Personality!)

(8/12/16)Mervyn Malamed Conflict personality, or conflict character, has little to do with effectiveness. Conflict behaviour is what counts, and conflict behaviour can be changed.

Power Imbalance: The Challenge of Leveling the Playing Field

(8/12/16)Bernard Morrow As a mediator, I am often faced with imbalances caused by a variety of factors: relationship dynamics between the disputing parties, a lawyer having more experience, expertise or knowledge than opposing counsel, or a party being better prepared or more knowledgeable about the facts of the case than another.

The Kluwer Mediation Blog’s Summer Quiz

(8/12/16)Anna Howard For those of you looking for a little challenge in your spare time, please read on for the Kluwer Mediation Blog’s inaugural summer quiz.

5 Uncomplicated Ways to Gain Psychological Distance During Conflict (And Why You Should)

(8/05/16)Tammy Lenski Here are five simple and potent ways to gain psychological distance (and help others do the same) when you’re spinning your wheels in a conflict conversation.

The Convening and Other First Steps

(7/29/16)Michael P. Carbone It's that time. You've just returned to your office from a case management conference.

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.
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