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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

Outlandish mediation techniques? Name yours

Posted on January 27, 2009
Last week ADR Prof Blog posted a zany request to mediators, asking them to share their most outlandish mediation techniques. It got me thinking. The most outlandish thing I’ve done during a mediation had to have been this: I was mediating a multi-party dispute involving a bunch of guys who towered enormously over me...

Online petition asks Obama to promote conflict resolution

Posted on January 27, 2009
Conflict resolution expert and social justice advocate Kenneth Cloke has created an online petition requesting that U.S. President Barack Obama promote the use of conflict resolution both domestically and internationally. Dispute resolvers, peacemakers, and ADR professionals are encouraged to add their signatures to a growing list of supporters...

January 20, 2009: The better angels of our nature

Posted on January 20, 2009
Change has come to the White House. Among the signs: the new White House blog, which affirms the commitment of the Obama administration to three core principles: communication, transparency, and participation. Among its first posts was this one, proclaiming a National Day of Renewal and Reconciliation: We are in the midst of a season of trial...

No soap, radio: confronting our fear of asking questions

Posted on January 20, 2009
Those of you who grew up in the U.S. may be familiar with “no soap, radio“, a prankster’s joke. When I was a kid, it was the kind of gag that older kids would pull on younger ones. The prankster and her accomplices — a group of sixth graders for example — would approach their [...

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Mediation Train the Trainer Institute held in Boston Feb. 26-27, 2009

Posted on January 20, 2009
If you’re an experienced mediator who wants to master the essentials of effective mediation training, please join me in Boston for the Mediation Works Incorporated Train the Trainer Institute, on Thursday, February 26 and Friday, February 27, 2009...

Federal law would create negotiation training programs for women and girls

Posted on January 14, 2009
On January 9, 2009, the U.S. House of Representatives approved two bills that would remedy paycheck discrimination. One, the Paycheck Fairness Act, would eliminate gender-based pay disparities. What is especially significant about this Act is that it would establish a grant program to fund training for women and girls in negotiation skills...

Latest additions to ADRblogs.com cover consensus building, healthy workplaces, personal injury mediation

Posted on January 14, 2009
I’ve just added three great blogs to the World Directory of ADR Blogs @ ADRblogs.com, my ongoing effort to track and catalogue blogs around the globe that cover ADR, negotiation, and conflict resolution. It’s my great pleasure to welcome: The Consensus Building Approach is published by the internationally renowned Lawrence Susskind, Ford Professor of Urban and [...

It pays to know the other side?s BATNA when you?re negotiating

Posted on January 14, 2009
Knowledge is power in any negotiation. Skilled negotiators prepare carefully, taking time to identify their key interests and their alternatives if no deal is reached (in negotiation parlance, their “BATNA” — their best alternative to a negotiated agreement)...

Mediation house calls for divorcing couples

Posted on January 13, 2009
Although I hate to admit it, I’m actually old enough to remember the days when the family doctor made house calls. Childhood ailments brought visits from our kindly, joke-cracking pediatrician who would arrive with his black bag, his stethoscope slung around his neck, as if he’d stepped straight out of a Norman Rockwell painting...

January 2009 Carnival of Trust

Posted on January 12, 2009
Welcome to the January 2009 Carnival of Trust, a monthly review of posts that explore the most essential ingredient in all our relationships, business and personal. Charles H. Green, CEO of Trusted Advisor Associates, and an expert on trust in business relationships, is the creator of the Carnival of Trust, and I am deeply honored [...

Mediation Channel begins a new season

Posted on January 11, 2009
I know that an unaccustomed silence has fallen here. The last two months have brought difficult challenges for my family and me to face. With regret I had to put so much on hold, including this blog. Many of you have contacted me to ask if I’m okay, and I am deeply grateful to [...

Highlights from the World Directory of ADR Blogs

Posted on November 21, 2008
Fellow mediator and blogger Geoff Sharp and I issued a challenge today to our fellow ADR bloggers: pick your best post from 2008 and submit it, then readers will choose the top three from all the submissions. This friendly competition is open to any blog listed on the World Directory of ADR Blogs at ADRblogs...

Calling all ADR bloggers - is one of your posts the best in 2008?

Posted on November 21, 2008
ADR blogs Mediation Channel and mediator blah… blah… are combining in a quest to find the 3 best mediation and negotiation related posts written in 2008. Together we are asking all ADR bloggers to send us your very favorite mediation/negotiation related post that you have written this year for inclusion in the competition...

Master the geography of collaboration with the latest edition of The Complete Lawyer

Posted on November 20, 2008
The latest edition of The Complete Lawyer is now available, putting the focus on ?Doing Business Internationally.? The Complete Lawyer is a web-based magazine focusing on quality of life and career satisfaction for attorneys but with relevance for dispute resolution professionals as well...

Massachusetts Uniform Mediation Act: time to make your opinion count online or in person

Posted on November 20, 2008
Since 2006, a group of mediators in Massachusetts, designating itself the MassUMA Working Group, has met regularly to discuss the adoption of the Uniform Mediation Act (”UMA”) in the Commonwealth. The UMA protects communications made during a mediation and establishes a limited evidentiary privilege that prevents the use of those communications in subsequent legal proceedings...

To err is human: how do we keep our feet out of our mouths in the first place?

Posted on November 20, 2008
Last week, legal marketing guru Larry Bodine put his foot in it with a blog post describing the “Best ‘Elevator Pitch’ Ever…?”, courtesy of a “silver-haired senior-most litigator” who relies on a cheap joke about the Holocaust to woo business clients...

Testing for negotiation skills, creativity: an LSAT for the 21st century

Posted on November 11, 2008
In the U.S., thousands of graduate school applicants sit each year for one or more of the standardized tests that most universities require as part of their admissions process. One of them, the Law School Admission Test, known as the LSAT, measures the reading comprehension and verbal reasoning skills of hopeful attorneys-to-be — yielding results [...

Conflict style inventory gets upgrade, free review copy available

Posted on November 11, 2008
Conflict resolution expert, mediator, and peacebuilder Dr. Ron Kraybill has asked me to let readers know that he has released a 2008 upgrade for Style Matters: The Kraybill Conflict Style Inventory through the company he founded, Riverhouse ePress. With over 120,000 users, Style Matters has helped business managers, organizational consultants, and conflict resolution trainers worldwide teach [...

Court-connected mediation in Massachusetts another casualty of tough economy

Posted on November 11, 2008
In news that has stunned the alternative dispute resolution community in Massachusetts, the Massachusetts Trial Court has terminated its mediation contracts with programs approved to provide services in courts throughout the Commonwealth. This move comes in response to the decision by Massachusetts governor Deval Patrick to order deep cuts in the state budget to offset a [...

Animated short celebrates 60th anniversary of Universal Declaration of Human Rights

Posted on October 15, 2008
We dispute resolution professionals sometimes characterize the difference between mediation and litigation as one of focus: mediation is interest-based, focusing on the underlying needs and aspirations of the individuals involved in the dispute, while litigation is rights-based, concerning itself with the entitlements, claims, and remedies created by and available at law...

Jumping to conclusions, part 2: correct answers to the Cash Register Test

Posted on October 14, 2008
Last week I posed a challenge to my readers: to have a go at “The Cash Register Exercise“, an uncritical inference test. I promised to divulge the correct answers yesterday, but unfortunately circumstances intervened and prevented me from doing so, and so, with my apologies, I post them today...

Blawg Review #181

Posted on October 13, 2008
Welcome to Blawg Review #181, celebrating International Conflict Resolution Day. For those of you who are unfamiliar with Blawg Review, allow me a brief introduction. Hosted each week by a different blogger, Blawg Review highlights noteworthy legal blogging, sharing the pleasure of discovery of insight, news, and commentary sampled across the spectrum of legal practice...

Government regulation or free market? Take the Policy Implicit Association Test

Posted on October 09, 2008
Mediators and negotiators must know themselves well — to guard against biases that can affect neutrality for the former or influence decision making for the latter. I’ve therefore encouraged readers to get to know themselves better by taking one of the Implicit Association Tests (IAT) available at Project Implicit...

Attention mediation trainers: ADR scholar shares teaching technique for mediation and negotiation classes

Posted on October 09, 2008
Bond University professor and world-renowned authority on mediation John Wade generously shares a useful technique for teaching conflict resolution and negotiation in “Re-inventing the Pyramid: A Process for Teaching and Learning in Mediation and Negotiation Courses” (available as a PDF download)...

Disputant perceptions of gender: a challenge for women who mediate

Posted on October 08, 2008
Gender bias persists. Its influence casts a shadow over the negotiating table, where social conditioning and cultural expectations produce significant economic costs for women, following them from their first paycheck to beyond retirement. But stereotypes and assumptions about gender may reach women on the other side of the negotiating table as well — the women who [...

Prevent conflict escalation: use Google?s new Mail Goggles email tool

Posted on October 07, 2008
As anyone knows who has awakened in the sober light of dawn to regret an email sent in haste the night before, electronic communications can be lethal. Be too quick on the trigger with the “send” button and you may find you’ve initiated DEFCON 1 in your workplace or personal relationships...

Mediation Channel to host Blawg Review, celebrate Conflict Resolution Day

Posted on October 06, 2008
On Monday, October 13, I’ll be hosting Blawg Review, the weekly review of the best in legal blogging. I’ll be taking the opportunity to salute International Conflict Resolution Day, celebrated this year on Thursday, October 16. This marks the fourth time I’ve served as a Blawg Review host — readers may recall that [...

Jumping to conclusions? Take the Cash Register Test to find out how much

Posted on October 05, 2008
For many years I have used the following exercise in trainings and workshops on conflict resolution, communication, and negotiation. Known as “The Cash Register Exercise”, it is adapted from “The Uncritical Inference Test” created by William V...

Where are all the female law bloggers? Hanging out in the ADR blogosphere of course.

Posted on October 05, 2008
C.C. Holland, writing for Legal Technology laments the lack of strong female voices among legal bloggers and asks, “Where Are All the Female Law Bloggers?” Holland may not have looked very hard. There’s a bunch of us — loud, proud, and outspoken — right here in the ADR blogosphere...

Judaism, media literacy and U.S. elections: reflections on the Jewish New Year

Posted on September 30, 2008
Last night marked the start of the celebration of the Jewish New Year, Rosh Hashanah. In anticipation, several days earlier, I began rereading a book I’d acquired several years ago, Nothing Sacred, a controversial work by media critic Douglas Rushkoff that seeks 21st century meaning in the traditions and texts of Judaism...

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