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Arbitration & Mediation

Online Guide to Mediation

News, information, and commentary on mediation and the conflict resolution field.

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Last Entry: July 09, 2010 at 16:53:53

What did we know and when did we know it? The mutability of facts

Posted on July 09, 2010
In 1770, in his historic defense of British soldiers accused of murdering five Bostonians, John Adams told the jury in his summation: Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence… Facts may indeed be stubborn things, [...

Resources online and beyond for the aspiring mediator

Posted on May 13, 2010
Greetings to regular readers, new visitors, and to the members of the Mediation Works Executive Mediation Training, with whom I have the pleasure of working this week. To stimulate your curiosity and to encourage further exploration, I’ve pulled together a list of essential resources for aspiring mediators: Mediate...

Mediation and law, strange bedfellows: time for us to start seeing other people?

Posted on May 09, 2010
In his recent Mediate.com essay, ?Killing Mediation: The Specialized, Professionalized And Neutralized Mediator?, ADR personality Robert Benjamin pronounced mediation dead, naming the usual suspects responsible. (For those who enjoy a good whodunit, you may wish to read how Jeff Thompson, who plays a detective in real life in his work with the NYC Police Department, [...

The sound of silence: listening between the lines

Posted on May 09, 2010
Some cases you remember vividly; the impressions they leave are lasting. The plaintiff, seated with my co-mediator and me, had just heard us convey the defendant?s final proposal. The plaintiff said, ?I need a moment.? I asked if they (and I hope you will excuse me for using the pronoun ?they? in the ungrammatical singular) wished [...

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The 40-hour mediation training: a good argument for regulating the private practice of mediation

Posted on May 05, 2010
Regular readers know that for some time now I have not supported the movement favoring formal licensing or credentialing for mediators in private practice. I have remained unpersuaded by most of the arguments that favor it and am concerned about the difficulties in design and implementation and the impact on multijurisdictional work...

The 40-hour mediation training: a good argument for regulating the private practice of mediation

Posted on April 29, 2010
Regular readers know that for some time now I have not supported the movement favoring formal licensing or credentialing for mediators in private practice. I have remained unpersuaded by most of the arguments that favor it and am concerned about the difficulties in design and implementation and the �impact on multijurisdictional work...

Finger-licking good health care reform: bartering chickens for doctor visits

Posted on April 29, 2010
From the “You just can’t make this stuff up” file… Bartering has grown increasingly popular among those seeking other ways to do business when cash is short. Bartering, of course, may not be the ideal fit for every transaction, as Republican Senate candidate Sue Lowden recently learned the hard way when she took heat for [...

Buying the cow: mediators, money, and value

Posted on April 26, 2010
During the many years now I’ve been in the mediation field I like to think I’ve given of my time generously on behalf of our profession. I’ve devoted countless unpaid hours to serving on numerous boards and committees to advance the ADR field; organizing numerous conferences and workshops for mediators; volunteering in community mediation programs mediating [...

Triumph of the commons: a new role for attorneys in ?sharing law?

Posted on April 26, 2010
The 21st century has wrought big change in the way communities constitute themselves. Digital technology has produced web sites and tools that enable people to transact business, form coalitions, find jobs, effect political change, connect with resources, and disseminate knowledge, news, and inventions, all from a cell phone or laptop...

Got a tune stuck in my head: on Youtube, a cognitive bias song

Posted on April 22, 2010
As a study aid for his students who were preparing for their AP Psychology exam, Arundel (Maryland) High School teacher Bradley Wray recorded and uploaded to Youtube a song about cognitive biases. (Is he the world’s coolest teacher or what?) You can sing along here: With a big tip of the hat to the Bias and [...

Mediation certification, part 2: the conversation continues at Cafe Mediate

Posted on April 22, 2010
Each month at Cafe Mediate, the monthly podcast series, a group of ADR professionals gathers to discuss the business, practice, and future of the field. Last month we began a two-part discussion of certification and credentialing for mediators in private practice...

New on the mediation web: return of the king, launch of Werner Institute ADRhub

Posted on April 22, 2010
At its annual spring meeting, the American Bar Association Section on Dispute Resolution honored premier ADR and negotiation web site Mediate.com as the institutional recipient of the prestigious Lawyer as Problem Solver Award. In a moving acceptance speech, tinged with equal parts humor, reminiscence, and gratitude to supporters, Mediate...

Mediator certification focus of latest episode of Cafe Mediate podcast series

Posted on March 30, 2010
Each month at Cafe Mediate a group of ADR professionals gathers for lively, unscripted discussion of topics relevant to the business, practice, and future of the field. In the latest episode of this monthly podcast series professional mediator �and author Tammy Lenski, international business mediator Amanda Bucklow, commercial mediator Victoria Pynchon, and I begin a two-part [...

Play it smart and safe: web-savvy tips for the ADR professional

Posted on March 30, 2010
The following is adapted from an article I wrote for the Spring 2010 issue of the newsletter of the Association for Conflict Resolution’s New England Chapter. My colleague Tammy Lenski and I were invited to offer our best advice to ADR professionals seeking to make the most of the web...

Fallacious Argument of the Month: appeal to the bandwagon

Posted on March 26, 2010
In my continuing battle for the improvement of public discourse, each month I discuss an example of a Fallacious Argument. This month’s Fallacious Argument is perhaps one of the most frequently invoked: the appeal to the bandwagon, which leans the mighty weight of the many against the intractable few...

Digging in the archives: Mediation Channel Classics for March

Posted on March 26, 2010
With hundreds of posts in the Mediation Channel archives, each month I highlight those from prior years that drew in readers, produced discussion here or elsewhere on the web, or that simply happen to be my favorites. Here’s my selection for March: March 2009 Outwitting the leopard: deception at the negotiating table Time for mediation certification in the U...

New blog, Eye on Conflict, keeps dispute resolution in its sights

Posted on March 12, 2010
Eye on Conflict is the latest addition to ADRblogs.com, the world catalog of blogs about dispute resolution, negotiation, and collaborative approaches to problem solving. Published by L.A.-based commercial mediator and “Talk It Over Radio” host Lee Jay Berman, Eye on Conflict explores ADR and negotiation, using today’s headlines as a rich source of inspiration, from the [...

Women bloggers proclaim National Women?s History Month

Posted on March 12, 2010
Now, therefore, be it resolved by the Settle It Now Negotiation Blog, Mediation Channel, and the Blogs of all other women who are making and recording the history of the United States of America every working day, that March is designated as Women’s History Month...

The side I see: challenging assumptions, changing minds

Posted on March 12, 2010
It’s funny how the books we read when we are young stick with us. One such book for me was Robert Heinlein’s Stranger in a Strange Land, a science fiction story about a man, raised by Martians, who returns one day to Earth, and the clash of cultures and values that inevitably results...

Top ADR site Mediate.com adds resources on gender

Posted on March 12, 2010
Premier dispute resolution web site Mediate.com has demonstrated its support for raising awareness of gender bias in ADR. Showing leadership and its commitment to social justice issues, Mediate.com has created a new section on gender, as well as a page on gender bias links...

Doing it backwards and in heels: a prescription for remedying implicit bias in ADR

Posted on March 05, 2010
Yesterday I pointed readers to an electrifying series by commercial mediator and arbitrator, Victoria Pynchon, which rips the lid off the ADR profession?s secret and unacknowledged shame: the absence of women and minorities from the prestigious ADR panels: “Negotiating Prejudice at U...

Are you a cognitive miser? Test yourself to find out

Posted on March 04, 2010
I’ve been active on social networking site Twitter for about a year now. It’s proven to be a good resource for useful links.� Last week one of the folks I follow, workshop facilitator Joe Gerstandt, pointed his readers to an article that appeared last November in the Globe and Mail, “Why smart people do dumb [...

Diversity, bias, gender, and race in ADR: a hard fight to level the playing field

Posted on March 04, 2010
As I was getting ready for the start of the mediation training I was teaching, one of the participants, just arrived, approached me to tell me to get him a cup of coffee. Despite my power suit and the flip chart markers in my hand, he had mistaken the lead trainer for a member of [...

Fallacious Argument of the Month: the fallacy of the fallacy of the ad hominem

Posted on February 28, 2010
In my ongoing one-woman effort to contribute to the improvement of public discourse, each month I discuss an example of a Fallacious Argument. In December I chose a particular favorite of mine, the ad hominem. This month I revisit it. Why? Because accusing someone of committing a fallacy of the argumentum ad hominem can itself [...

Cafe Mediate, mediation podcast series, looks at what it takes to train, educate a mediator

Posted on February 26, 2010
In the third episode of ADR podcast series Cafe Mediate, I serve as host while professional mediator �and author Tammy Lenski, international business mediator Amanda Bucklow, New York City detective and conflict resolution professional Jeff Thompson, and commercial mediator Victoria Pynchon debate the question, ?What kind of preparation is involved in becoming a mediator?? You can [...

The devil you know: the dispute resolution professional in popular culture

Posted on February 18, 2010
Lawyers are frequent targets for humor, the butt of countless stale jokes. With the exception perhaps of� “Wedding Crashers“, conflict resolution professionals so far have been spared the ribbing that comedians, cartoonists, and screenwriters so often heap on our brothers and sisters at the bar...

Blog responsibly: a public service reminder for dispute resolution bloggers

Posted on February 18, 2010
I’ve been blogging about dispute resolution for over 5 years now. When I first launched my blog, you could count ADR blogs in single digits. You can still find these early adopters online ? folks like my predecessors, blogging role models Bill Warters, Colin Rule, and Tammy Lenski ? who continue to produce worthwhile content...

Zero sum game show: celebrities decide who?s right or wrong in The Marriage Ref

Posted on February 16, 2010
Billy Collins, a former two-term Poet Laureate of the U.S., penned these lines on the end of marriage: Once, two spoons in bed now tined forks across a granite table and the knives they have hired Alas for many divorcing couples, sharp metal objects make an apt metaphor...

Listening in at the mediation table: books that teach readers how to talk like a mediator

Posted on February 15, 2010
Ready to trade up from the role play simulations they participated in during their basic mediation training, new mediators look forward to the chance to observe actual mediations, where they can watch experienced professionals mediating real-world disputes...

Mediation Channel Classics: golden oldies for February

Posted on February 15, 2010
Each month I highlight posts from that month in prior years, choosing ones that drew readers (or just happen to be my favorites). Here’s my selection for February: February 2009 Mediating between law and mediation: time for both sides to declare a cease-fire More negotiation lessons from humor Twittering from the mediation table: social media come to ADR February 2008 One trick [...

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