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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

Change blindness: testing our powers of observation

Posted on February 04, 2010
It’s happened at some point to anyone who drives a motor vehicle. You inch slowly into the intersection, cautiously looking in all directions to make sure that the right of way is clear. Convinced that you can now safely make your turn, you pull forward...

Rethinking social media: the worth of trust in online business networking

Posted on February 04, 2010
In the February 2010 issue of Harper?s Magazine is an essay entitled “The Serfdom of Crowds”, excerpted from You Are Not a Gadget: A Manifesto, the latest book by computer scientist, web guru, and author Jaron Lanier. You Are Not a Gadget serves as a bracing rebuttal to the loud hallelujah chorus of praise [...

Beware of the app: a warning to ADR bloggers and their readers on Facebook

Posted on February 04, 2010
Numerous news articles and blog posts have commented on the dark side of Facebook ? its disregard for users’ privacy, the opportunities it affords for cyberbullying, and its vulnerability to spam, phishing exploits and malware. I’d like to alert my readers, particularly those of you who blog, about a Facebook trap to avoid...

Does law lag behind science? Psychologists question Supreme Court campaign finance decision

Posted on January 31, 2010
In yesterday?s mail, among the bills, bank statements, and catalogs, I found a solicitation from a non-profit. The package it arrived in declared in bold red letters that my “signature is needed” (not to mention, no doubt, my cash) for a petition to halt some objectionable political action...

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Right before your eyes: on cognitive fluency, graphical literacy, and illusion

Posted on January 31, 2010
Optical illusions make ideal teaching tools in negotiation and conflict resolution training. They serve as humbling reminders of the unreliability of our senses and the conclusions we draw from the data we perceive. One of my favorite illusions is “Shepard?s Turning the Tables“, which you can view at the web site of Professor Michael Bach [...

What makes a great mediator? 2nd episode of Cafe Mediate podcast series has answers

Posted on January 30, 2010
In the second episode of ADR podcast series Cafe Mediate, conflict resolution and ADR marketing expert Tammy Lenski, London-based international business mediator Amanda Bucklow, New York City detective and conflict resolution professional Jeff Thompson, and I sit down together to consider the question, “What makes a great mediator?”...

Kudos to Mediate.com, 2010 recipient ABA Lawyer as Problem Solver Award

Posted on January 29, 2010
The American Bar Association Section on Dispute Resolution has announced that it has honored premier ADR and negotiation web site Mediate.com as the institutional recipient of the prestigious Lawyer as Problem Solver Award. From the ABA press release: Mediate...

Fallacious Argument of the Month: the Appeal to Authority

Posted on January 25, 2010
Each month, in pursuit of better arguments and improved public discourse, I highlight a different logical fallacy. This month I invite you to consider the irrelevant appeal to authority. People of a certain generation perhaps recall advertisements for Sanka decaffeinated coffee in which actor Robert Young, known for playing a doctor on a popular seventies television [...

From the files: Mediation Channel classics for January

Posted on January 14, 2010
As I do each month, I’ve highlighted posts from prior years. Here is the selection for January: January 2009 No soap, radio: confronting the fear of asking questions Remembering wartime: photos of present-day city evoke tragic past January 2008 Send lawyers, guns and mediators: what songs would be on your mediation playlist? January 2007 Is your negotiating style leaving value on the [...

Mediation Channel celebrates 5 years of blogging

Posted on January 14, 2010
This past Sunday my blog turned 5. Two years ago I explained what blogging means to me. Those words still ring true: It is the collegiality, the friendships that have sprung up across geographic distances. It is the pleasure of mutual discovery, of interests shared...

New Year resolutions: on friendship

Posted on January 09, 2010
The start of a new year spurs many of us who observe the Gregorian calendar to take stock of the year just gone and to set goals for the year ahead, whether personal, financial, business, or spiritual. In looking back on this past year, one event stands out: I lost my beloved friend Maureen last April [...

Cafe Mediate: 1st episode in new ADR podcast series covers value billing

Posted on December 14, 2009
Cafe Mediate is the latest brainchild of mediation marketing and conflict resolution expert Tammy Lenski, who publishes two popular blogs, Conflict Zen and Making Mediation Your Day Job. Cafe Mediate (motto: “where conversation not caffeine is the stimulant”), a new monthly podcast series, will feature lively discussion among ADR professionals about topics relevant to practitioners, [...

What color is a banana? Perception, bias, and identity

Posted on December 14, 2009
A quote attributed to author Anais Nin declares, “We don?t see things as they are. We see them as we are.” The truth of these words is apparent in the following anecdotes, which I invite you to consider. Anecdote 1 When my son was tested for a coveted spot in a private prekindergarten, he was asked, ”What color [...

Remembering the human factor in the practice of law

Posted on December 09, 2009
A century ago, Dean Roscoe Pound famously exhorted the legal profession to transform its institutions of justice and adjust its principles “to the human conditions they are to govern”, “putting the human factor in the central place”...

Playing around: game theory in popular culture

Posted on December 07, 2009
There is something irresistible about game theory. A branch of mathematics devoted to understanding social interaction and decision making, it holds relevance – and fascination – for� students and practitioners of negotiation and dispute resolution...

Fallacious Argument of the Month: argumentum ad hominem

Posted on December 06, 2009
Welcome to December’s installment of my ongoing series, Fallacious Argument of the Month. Driving in my car on my way to a meeting on Friday, I happened to catch a popular NPR news analysis program, On Point. Host Tom Ashbrook was talking with political commentator and Yale University computer science professor David Gelernter on his newly [...

Mapping the borders of conflict: How Google depicts disputed regions

Posted on December 06, 2009
Maps enable us to picture the world we inhabit. They depict physical spaces, marking the borders between nations or nature’s own boundaries between plain and mountain, shore and coastline. To those who can read them, they tell stories of crops, climate, culture, and economies...

Mediation Channel named as 2009 ABA top 100 law blog

Posted on December 02, 2009
What an honor to learn that the American Bar Association Journal selected Mediation Channel as an “ABA Journal Blawg 100” – one of the 100 best legal blogs in 2009 – garnering a spot under the “Practice Specific” category...

Blast from the past: Mediation Channel classics for December

Posted on December 02, 2009
Each month I highlight posts that appeared during that month from previous years. Taking a look over my shoulder at posts from Decembers past, I offer up the following selection: December 2007 Out of the mouths of babes: a child’s guide to the law December 2006 You say trials are vanishing like it’s a bad thing Lawyers negotiate whoopee in [...

For mediators, negotiators: recommended social and brain sciences blogs

Posted on November 20, 2009
If you’re fascinated by the role that science plays in exploring and illuminating human behavior and decision making, the internet offers outstanding choices for the discerning reader and dedicated negotiator. I highly recommend the following sites: Brains on Purpose...

One reason why mediation trainers should use Twitter

Posted on November 20, 2009
For those of you still on the fence about whether or not to join Twitter, the popular social media and networking site, there’s one reason why you might want to sign up, at least if you’re a mediation trainer: you’ll find out what the participants really think about the program...

Twitter, LinkedIn, and blogging: 3 mistakes to avoid as you negotiate social media

Posted on November 17, 2009
A compellingly attractive aspect of all forms of social media ? whether blogging, LinkedIn, Facebook, Twitter, or others ? is their relative ease of use. Within moments, anyone with internet access and no technological ability whatsoever can leap confidently into the driver’s seat of social media...

Fallacious Argument of the Month: in pursuit of the red herring

Posted on November 16, 2009
Each month I dedicate a post to the discussion of a different fallacious argument. It’s part of my ongoing effort to help the world bicker better. Here, friends, is this month’s installment. ******************* That diverting entertainment, magic, depends upon distraction to delight and mystify an audience...

Top ADR site Mediate.com reaches milestone: 300th issue of weekly newsletter

Posted on November 16, 2009
Year after year, Mediate.com remains at the top of its game, the very best resource bar none for news, information, and high-level thinking about conflict resolution and negotiation. Features that make this site outstanding include: A vast library of articles organized by Section or searchable by Topic, Term or Author An archive of over 100 video interviews featuring [...

The why?s have it: teaching curiosity for effective negotiation and mediation

Posted on November 15, 2009
What makes Deepak Malhotra?s and Max H. Bazerman?s 2007 Negotiation Genius: How to Overcome Obstacles and Achieve Brilliant Results at the Bargaining Table and Beyond so highly readable are the memorable anecdotes of real-world negotiations it contains...

Do you tell your mediation clients about neuroscience? A poll at Brains on Purpose

Posted on November 13, 2009
Mediator, lawyer, writer, and all-around Renaissance woman Stephanie West Allen needs your help as she prepares to write an article on neuroscience transparency. What is neuroscience transparency? It’s what conflict resolution professionals tell their clients about neuroscience...

Ethics and best practices for mediation provider organizations: 7 years after Georgetown

Posted on November 11, 2009
As readers of this blog know, the private practice of mediation in the United States remains unregulated by government.� Arguably, this absence of formal regulation, licensing, and credentialing does not diminish mediation?s standing as a profession...

Cognitive errors to watch for as the mediation profession discusses the important issues

Posted on September 27, 2009
Momentum seems to be building for mediator credentialing in the United States. �Change is no doubt coming. What form that may ultimately take remains to be seen — whether public licensing by the state (least likely) or the adoption of credentialing mechanisms by major ADR membership organizations that dominate the national scene (most likely)...

New owner sought for ADRblogs.com, online directory tracking ADR blogs world-wide

Posted on September 25, 2009
At ADRblogs.com, I have monitored blogs from around the globe that discuss alternative dispute resolution in its many manifestations. Started three years ago, today the World Directory of ADR Blogs tracks over 220 blogs from 30 countries, bringing together the world of blogs covering mediation, arbitration, negotiation, conflict resolution, and people-focused innovations in justice and law...

New and recommended: ADR blogs to add to your reading list

Posted on September 24, 2009
From time to time I select noteworthy blogs from recent additions to ADRblogs.com, the site tracking alternative dispute resolution blogs world-wide, and highlight them here. Here is my latest selection, four blogs that stand out in different ways: Mediation Strategies, published by San Francisco mediator and lawyer Michael Carbone, discusses techniques for resolving civil lawsuits and [...

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