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Arbitration & Mediation

Online Guide to Mediation

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

Post Frequency: 1/day

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

Grain of salt: how much does mediator behavior influence the outcome of mediation?

Posted on September 23, 2009
Those of us who mediate like to believe that our skills and temperament influence parties who are poles apart to move toward resolution, reconciliation, or settlement. But how influential are we really? My colleague, attorney and mediator Stephanie West Allen, steers readers toward an article by ADR academics James A...

Mediator certification: quality assurance or caveat emptor?

Posted on September 16, 2009
As my readers know, the private practice of mediation remains unregulated in the United States. Some view this fact with consternation, others with relief. Meanwhile, in the absence of public licensing of mediators in private practice, private organizations have stepped in to fill the void left by the state, offering private credentialing mechanisms...

Fallacious Argument of the Month: misusing the ellipsis

Posted on September 11, 2009
To contribute to the improvement of public discourse and debate, I feature a different fallacious argument each month. I kicked off the series in July by spotlighting the straw man, a perennial favorite of lazy minds, and in August discussed the false analogy, including its most popular and persistent form, the Hitler/Nazi comparison...

A dispute resolution quote of note

Posted on September 10, 2009
Here’s something for all of us, regardless of political persuasion, to think about as America debates the big issues: …when any government measure, no matter how carefully crafted or beneficial, is subject to scorn; when any efforts to help people in need are attacked as un-American; when facts and reason are thrown overboard and only timidity [...

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Mediation Channel hacked: a cautionary tale about security, safety online

Posted on September 08, 2009
Mediation Channel got hacked. While I was enjoying a much-needed vacation earlier this summer, hackers broke into my Wordpress-based sites, including this site and ADRblogs.com. They left no immediately detectable trace that alerted me like the first attack this blog sustained in April 2008...

Mediation Channel will be undergoing maintenance today

Posted on September 07, 2009
Don’t adjust your settings. It’s just time for site maintenance here at Mediation Channel. We’ll return to your regularly scheduled programming shortly.

Hello world!

Posted on September 07, 2009
Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!

From the archives: Mediation Channel classics for September

Posted on September 01, 2009
After over four years of blogging, in July I began to spotlight posts that generated significant traffic, commentary or controversy, or just happened to be my favorites. Here are my selections for September: September 2008 Judaism, media literacy and U...

?make that 24 alternative dispute resolution blogs to follow?

Posted on September 01, 2009
Yesterday I published a post recommending 21 ADR blogs to follow. I knew that as soon as I hit the “publish” button, I’d remember a few others to add. I’ve amended the post to include three more worthy blogs. Go check it out.

The legal profession has a PR problem: one sad reason why

Posted on August 26, 2009
Lawyers have a PR problem. A recently released Gallup survey indicates that only 25% of Americans view lawyers favorably. The public likes lawyers even less than they do banking, the airline industries, and the federal government, none of which is particularly popular these days...

Interview with new ABA Section on Dispute Resolution chair Homer LaRue at Enjoy Mediation Blog

Posted on August 26, 2009
NYPD detective and ADR professional Jeff Thompson has posted an interview with new ABA Section on Dispute Resolution chair Homer LaRue at his blog, Enjoy Mediation. LaRue discusses the Section’s priorities for the coming years (but alas, does not reveal which blogs he reads regularly).

Negotiating social media: the sequel

Posted on August 23, 2009
Last week I posted “It’s a jungle out there: words of caution for negotiating social media“, an article with my recommendations about using social media wisely and courteously. What spurred me to write it were some unpleasant and fortunately isolated experiences with shameless marketers on social media sites...

Of death panels, Hitler, and the healthcare controversy: media literacy, now more than ever

Posted on August 22, 2009
Eighteen years ago, on a brilliantly sunny day, I attended a Fourth of July barbecue in a pleasant suburb a few miles outside of Boston. I was sitting at an umbrella-shaded table by the pool, watching my son splashing happily in the water with the other kids, when one of the guests nearby turned to [...

It?s a jungle out there: words of caution for negotiating social media

Posted on August 18, 2009
Twitter. LinkedIn. Facebook. Chances are you’ve set up a user account on at least one of these sites or maybe others besides these popular three. Learning how to navigate these social media sites can be overwhelming, but with the right approach they can be well worth the time you spend building your profile or your portfolio...

Mediate.com proves there is indeed such thing as a free lunch

Posted on August 18, 2009
What’s not to love about free? Mediate.com, the premier web site for news, resources, ideas, tips, and information on ADR and negotiation, reminds me of just how good free can be. Available at Mediate.com are all kinds of goodies including: A vast library of articles organized by Section or searchable by Topic, Term or Author An archive of over [...

The log in your eye: eliminating gender bias in mediator performance evaluations

Posted on August 14, 2009
The hot-button issue of mediator credentialing and credentialing seems to be on the minds of many folks in the ADR field these days. It has generated discussion, here and on other blogs (including Tammy Lenski’s, Vickie Pynchon’s and Philip Loree’s)...

Simply the best: good-bye to Geoff Sharp and Mediator Blah?Blah?

Posted on August 13, 2009
Sad news today, friends. One of the very best of the ADR bloggers is closing up shop. Geoff Sharp has announced today that Mediator Blah…Blah… has ceased publication for now. Other projects beckon, and time with family matters. Geoff writes, We’ve had fun, you and me...

Fallacious Argument of the Month: the false analogy

Posted on August 03, 2009
With the aim of improving public discourse and combating sloppy thinking, I continue with the next installment of my series, Fallacious Argument of the Month. This month’s fallacious argument is a particular favorite of mine: the false analogy. A false analogy is an effort to claim similarity between two items that even a desultory glance will [...

From the vault: Mediation Channel classics for August

Posted on August 01, 2009
I realized recently that I’ve been blogging for over four years. During that time I’ve produced quite a bit of writing - over 900 posts. That realization prompted me last month to institute a new feature: Mediation Channel Classics, since I thought it might be worth a look back in time...

To certify or not to certify: that is the question as the mediation field struggles with professionalization

Posted on July 27, 2009
One of the burning questions the U.S. mediation profession faces is a difficult one: is it time to professionalize the field and establish more formal mechanisms for credentialing? As of today, the private practice of mediation in the United States is unlicensed and unregulated by the state...

Mediation channel surfing: nosh on these idea snacks in a round-up of links

Posted on July 27, 2009
Every few weeks for the benefit of my non-Twittering readers, I round up the articles, posts, and news stories I?ve microblogged about on Twitter. It’s time once again to dish out a collection of finger-licking good links that I think you’ll enjoy...

Getting to yes with blogging: even the big guys can learn something about social media

Posted on July 15, 2009
Some of us in the dispute resolution blogosphere have noticed but perhaps have been too polite to say anything…that is, until now… One of the major players in the negotiation world is blogging. These folks may know a lot about negotiating…but it looks like they could use a little help getting to yes with their blog...

Top 5 Tuesdays at National Arbitration Forum Blog this week highlights 5 new ADR bloggers

Posted on July 15, 2009
My long-time pals over at the National Arbitration Forum Blog have launched “Top 5 Tuesdays“, a terrific new feature to be hosted each week by a different member of the ADR community. They were nice enough to invite me to host this week’s edition, and I used it to showcase five blogs I’ve recently added [...

Mediation career myth-busting: 5 urban legends it?s time to debunk

Posted on July 15, 2009
Ever since the publication of a Forbes article that named mediation to its list of “America’s Most Surprising Six-Figure Jobs“, I’ve been inundated with emails from mediator-hopefuls eager to stake a claim to all that cash. Troubling to me, many of them hold mistaken notions about mediation as a profession and about qualifications to mediate...

Out of the archives: Mediation Channel classics

Posted on July 06, 2009
Today I announced a new feature, Fallacious Arguments of the Month. I figured that as long as I’m looking ahead, it’s not a bad time to look back - back to posts that appeared in previous years on this site. At the start of each coming month, I’ll highlight posts that appeared during that month in [...

Fallacious Argument of the Month: meet the straw man

Posted on July 06, 2009
There’s nothing like a good argument, as any fan of Monty Python knows. Having a good argument, however, demands diligence, attention to detail, self-awareness, and practice; it’s all too easy to have a bad one. The bad kind, alas, abounds in political discussion, particularly during an election season, makes frequent appearances in conference rooms and at [...

Mediation channel surfing: in a round-up of links, some tasty ideas to snack on

Posted on July 03, 2009
From time to time for my non-Twittering readers, I round up the articles and news stories I’ve microblogged about on Twitter. Here’s the latest batch of tasty thought-snacks: Georgia court “deregisters” mediator for serious ethical lapses, including violation of confidentiality, thanks to mediator and blogger Chris Annunziata...

Do Generation Y and Baby Boomer lawyers need a mediator?

Posted on July 03, 2009
I’ve written often here about the fault lines in the ADR profession - the deep rifts dividing facilitative and evaluative mediators, the line in the sand between attorneys who mediate and professional mediators who are not lawyers. These dividing lines damage our collegiality and pose harm to our credibility as dispute resolution professionals; if we [...

Mediation: not meditation, not medication, and definitely not arbitration

Posted on July 03, 2009
Yesterday the New Jersey Star-Ledger reported that the state’s Supreme Court “OKs mediation in custody disputes“. The problem with the story is that the New Jersey Supreme Court did nothing of the kind. Instead, it held that parties to a matrimonial action can submit questions relating to child custody and parenting time to binding arbitration (PDF)...

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