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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

Common courtesy should not be an oxymoron

Posted on July 02, 2009
A recent article in the New York Times about the decline of manners in a Blackberry age prompted one executive coach to write to the Times editor to share an anecdote drawn from his own experience working with professionals. He wrote, I was told by a client, who is a former board member of a large [...

Please contact me?but kindly read this first if you need advice

Posted on June 30, 2009
I’ve been blogging for over four years now. During that time I have gotten more emails than I could begin to count from readers asking for advice, looking for help, offering criticism or praise, passing along stuff they knew I’d enjoy, or just getting in touch to say hello...

Mediation credentialing: what about mediation trainers?

Posted on June 24, 2009
Much discussion has taken place of late about credentialing or certifying mediators or what it means to prepare mediators for competent practice. All too often, number of hours of mediation training serves as proxy for proficiency and skill. That is certainly the case in Massachusetts, which has a law protecting mediation communications from disclosure in [...

ADR practitioners to follow on Twitter

Posted on June 22, 2009
Yesterday I offered some tips on using Twitter for ADR practitioners. I promised to follow it up with a post pointing you to members of the dispute resolution community you might like to follow on Twitter. The following are names no doubt familiar to Mediation Channel readers...

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Twitter tips for mediators: how ADR professionals can get the most from this social media tool

Posted on June 21, 2009
It’s almost impossible these days to pick up a newspaper or turn on the nightly TV news or your favorite radio station without reading or hearing something about Twitter. Twitter is a free (at least for now) communication and social networking utility that allows you to post brief messages, known as “tweets” to others...

Remembering Morad: thoughts on Iran and US relations

Posted on June 21, 2009
Hour by hour, print, TV, and web sources bring news, narratives and dramatic images from Iran of protests and violence as Iranians take to the streets to voice opposition to the results of the recent presidential election. The news from Tehran has brought back memories from a summer long ago...

Site tracking mediation, dispute resolution blogs world-wide, ADRblogs.com, turns three

Posted on June 14, 2009
The World Directory of ADR Blogs, at ADRblogs.com, turned three on June 5. ADRblogs.com grew out of a project I began in 2005 to track and catalog dispute resolution blogs world-wide. Today it tracks over 200 blogs from 30 countries around the globe. Recent additions to ADRblogs...

Just launched a dispute resolution blog? Here are 6 things effective bloggers do

Posted on June 14, 2009
As a blogger who’s been at this now for over four years, I have been fortunate enough to know first-hand the impact of blogging on the way ADR professionals practice. As a social media tool, blogging has transformed the way I network, helping me forge ties around the world with dispute resolution professionals and others [...

Dispute resolution job posting: Meta-Culture seeks trainer, facilitator and mediator

Posted on June 08, 2009
I am honored to call friend the visionary entrepreneur and international dispute resolution professional Ashok Panikkar, who is the executive director of Meta-Culture, the only integrated dispute and relationship management consulting group in the Indian subcontinent...

Negotiation teaching 2.0: new book rethinks current approaches, considers culture

Posted on June 08, 2009
“But we’ve always done it this way” all too often stifles fresh thinking or bars the way to needed change. That’s why now and again it doesn’t hurt to shake things up. And shaking things up in the world of negotiation training and teaching is a new book, Rethinking Negotiation Teaching: Innovations for Context and Culture, [...

Lawyers are from Mars, clients from Venus: differing perceptions of mediation documented in new book

Posted on June 05, 2009
After attending a breakout session at the 2009 ABA Section on Dispute Resolution Spring Meeting titled “What Do Litigators Want from Mediation?”, I decided it was high time to ask “What about clients?“, writing a post that called for much closer attention to the needs of those directly affected by disputes...

Conflicts of interest in the age of Twitter and Facebook: neutrals must find right balance

Posted on June 05, 2009
Facebook, Twitter, LinkedIn - if you are active on any of those sites or on the many others like them - then you no doubt have frequent opportunities to connect. But what happens for ADR professionals - mediators, arbitrators, and others - when clients are the ones who invite you to connect, follow you, or seek [...

Mediation certification back on track at Association for Conflict Resolution, but bumps in road ahead

Posted on June 03, 2009
In its June 2009 Update (PDF), the Association for Conflict Resolution (ACR) reports that it’s full steam ahead for the ACR Certification Task Force, resuscitated after a three-year break. According to Nancy Gardner, Co-Chair of the ACR Mediator Certification Task Force, a 2008 survey indicated support for certification from ACR member, providing the impetus for [...

In praise of joint sessions: mediator Geoff Sharp pays tribute to face-to-face negotiations

Posted on June 01, 2009
Ring the bells that still can ring Forget your perfect offering There is a crack in everything That’s how the light gets in - Leonard Cohen The past couple of years have brought energetic debate within the mediation profession, pushing mediators to confront questions about practice, professional identity, and the nature of mediation itself...

Law like love: thoughts on a Supreme Court nomination, ADR, and jurisprudence

Posted on May 29, 2009
Earlier this week President Obama announced the nomination of Federal Appeals Court Judge Sonia Sotomayor to the U.S. Supreme Court. Predictably her nomination produced swift reaction: cheering accolades from some quarters and harsh condemnation from others...

Mediate.com CEO responds to questions about new Mediator Certification Program

Posted on May 22, 2009
The following interview is reprinted with permission from the Mediate.com web site, with thanks to Mediate.com CEO Jim Melamed. No enhanced interrogation methods were used in the making of this interview. Please feel free to add your comments at the end of this post...

Preparing mediators for practice: mediation training or mediation education?

Posted on May 22, 2009
Recently the alert I set up to monitor appearances of the keyword “mediation” in Twitter posts pointed me to the following message: “Just got back from Civil Mediation Training (30 hrs) to be a Qualified Neutral”. The message took me aback...

Negotiating online relationships: a marketing mistake to avoid

Posted on May 22, 2009
As much I have been enjoying Twitter, the social media and instant messaging tool, it has one black mark against it: some followers try to sell you stuff you don’t want. I have quickly learned who not to follow back to avoid an influx of messages that are little more than shameless self-promotion or snake-oil [...

Mediation and negotiation link roundup: good stuff worth reading

Posted on May 21, 2009
Every couple of weeks I round up here at Mediation Channel the links to articles I’ve shared with my followers on Twitter. (For those of you not familiar with this popular social media tool, you may wish to read “Negotiating Twitter: a mediator test drives the hot social media craze“, an article I recently wrote...

Mediate.com announces mediator certification program

Posted on May 21, 2009
After over a year of planning and development, Mediate.com, the world’s best known resource for information and news about alternative dispute resolution and negotiation, announced today that it has taken the wraps off a Mediator Certification Program for well trained and highly experienced mediators...

Law has a PR problem: too often, lawyers viewed as instigators not healers of disputes

Posted on May 10, 2009
I spent Mother’s Day weekend in the town where I grew up, visiting my folks. On the drive eastbound home to Boston this morning along the Massachusetts Turnpike, I spotted the sign, hanging from an overpass somewhere past the Charlton service area...

On Mother?s Day, every mother deserves a little peace?and justice

Posted on May 07, 2009
An organization committed to promoting social justice, Inter Pares, whose name means “among equals” in Latin, has launched a campaign to take back Mother’s Day and rededicate it to the causes of peace and reconciliation that its early proponents worked for...

Mediators pull plug on efforts to enact Uniform Mediation Act in Massachusetts

Posted on May 07, 2009
In 1985, the Massachusetts legislature enacted a statute creating a privilege for mediation communications. As it turned out, despite the good intentions of its makers, it proved to be a deeply flawed statute. It fails to specify exceptions to privilege or identify how or by whom the privilege could be waived...

Mediation Channel round-up: good stuff online for mediators and negotiators

Posted on May 04, 2009
From time to time I round up the links to articles I’ve been sharing with my followers on Twitter, where I’ve been microblogging for the last couple of months. I’m passing some along here to my non-Twittering readers, along with other stuff that you just don’t want to miss...

Mediation and negotiation blog tracking site ADRblogs.com reaches 200 mark, updates its look

Posted on May 01, 2009
Shortly after I began blogging in January 2005, I became interested in inventorying and tracking the slowly increasing number of blogs devoted to ADR. In 2006 I created and launched ADRblogs.com, a site that catalogs blogs that discuss ADR, negotiation, consensus building, negotiation, conflict resolution, and human-centered innovations in law and justice...

Mediate.com launches interview series with mediation bloggers

Posted on April 30, 2009
Over the years the terrific folks at Mediate.com - the premier online source for the latest in news and ideas related to dispute resolution and negotiation - have shown tremendous support for ADR bloggers. They were kind enough to give us a home on their site with a Featured Blogs page that posts the best [...

What about clients? Time at last to consider what they want from mediation

Posted on April 30, 2009
At the recent ABA Section on Dispute Resolution spring meeting, I attended one program whose title promised an answer to the fascinating question “What Do Litigators Want?” when it comes to mediator practices. All well and good, but the question I was most interested in was very different: “What do your clients want? ” Alas, I never [...

Connecting at the ABA Section on Dispute Resolution Spring Meeting

Posted on April 20, 2009
Surmounted by an image of a righteous Old Testament god, the frieze above the entrance to the GE Building in New York City bears the words, “Wisdom and Knowledge shall be the stability of thy times“, chiseled into stone. Along with collegiality and connection, these were no doubt the objectives of those who attended last [...

Gorilla in the room: the dividing lines in mediation practice

Posted on April 20, 2009
Last week’s annual spring meeting of the ABA Section on Dispute Resolution was endowed with an optimistic title: “ADR: Building Bridges to a Better Society”. Despite the noble sentiment it carried, something else - unwelcome and ignored - was present...

Facilitative? Evaluative? The struggle to define the practice of mediation

Posted on April 13, 2009
Recently I criticized a call by Stephen Erickson of the Association for Conflict Resolution to establish a certification system for mediators. (Lively discussion ensued, and people have continued to weigh in, so please feel free to contribute.) According to Erickson, facilitative mediation is “good” and evaluative mediation, by inference, is bad, since evaluative mediation undermines self-determination, [...

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