Facilitation Articles

Facilitation Articles


Mediation as a Business Accelerator

(9/25/20)Orit Asnin

This article discusses how mediation can help business, an inspiring example from The Middle East.

Secrets in Plain Sight

(9/25/20)Lucia Kanter St. Amour

Secrets in Plain Sight

Employment Litigation: 3 Instances Where A Company Should Explore Mediation

(9/25/20)Rachel Gupta

Accordingly, a blanket “no settlement” policy may not be in the best interests of the company’s bottom line. There are three instances where companies should put aside their instinct to litigate and explore mediation.

Three Questions to Resolve Conflict

(9/18/20)Christopher Sheesley

Continually asking questions, rather than making declarations, is a core creed in my resolution work.

Mandatory Course on Mediation for Law Students in India

(9/17/20)Pitamber Yadav

Is mandatory mediation training in India too late?

Innovation in the Way Mediators and in Particular Family Mediators are Trained in England and Wales

(9/16/20)Amel Ketani

The purpose of this paper is to consider how it is possible to improve the current mediation training in England and Wales.

They Said It Couldn’t Be Done – Mediation Training Online

(9/15/20)John Sturrock

They said it couldn’t be done. I said it couldn’t be done. Six months ago, this would have been unthinkable.

In the Time of Covid-19: The Rush to Modification

(9/15/20)Dr. Lynne C. Halem

Today as the coronavirus keeps us isolated, huddled in our homes, fearful of venturing too far or thinking too deeply, we cannot long ignore the pandemic’s impact on contractual deals that we made when we thought we understood the present and even banked on a better tomorrow.

What Brad Pitt and Angelina Jolie Can Teach Us About the Neutrality of the Mediator

(9/15/20)Hadassah Fidler

Pitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing.

Max Schrems strikes again! Where next for Mediation Service Providers and their mediators?

(9/15/20)Tony Guise

Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.

How to Choose a Divorce Mediator

(9/14/20)Amy Robertson

Mediator fit is really important.

Listening is the Key to Problem Solving

(9/14/20)Larry Ray

Most people when pressed will admit that they are not listening effectively.

You Mediate on Zoom. Now What?

(9/14/20)Simon Boehme

ODR is More Than Zoom

Family Mediation vs Family Litigation

(9/12/20)Marian Grande

Many people assume that the only way to resolve a family law matter is to retain counsel and commence a Court action. This is a wrong assumption.

No Mo Fo Mo

(9/08/20)Jonathan Rodrigues

All you need to know is – there is No Mo Fo Mo. Everything prior to 2019 B.C. (Before Corona) was a rehearsal; we are now living in the real digital age.

What Are The Steps In The Mediation Process?

(9/08/20)Leyla Balakhane

Before couples decide the best course of action when separating, it is helpful to know the essential steps of the mediation process.

Zoom Fatigue Uncovers Mediators' Secret Weapon

(9/05/20)Clare Fowler

As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.

Racial Justice Conflict: How “Historical” Racial Symbols Shape Perception, Practices, and Policy

(9/03/20)Judy Rashid

As the world continues to grapple with racial injustice and unrest as masses of people from all ethnicities protest in the streets, this article examines the subliminal influence of historical racial symbols and practices namely, statues and monuments, slave plantation sites and tours, market houses where slaves were sold, and street names that bear the scars of slavery.

10 Dispute Mediation Techniques for Managers- Evidence from the Cleaning Industry

(9/03/20)Nouman Ali

No two human beings are alike; therefore, it's not surprising that people often disagree, and these disagreements can lead to conflicts.

Survey results: What Do Wisconsin Judges Think About Mediating Cases?

(8/31/20)Lisa Derr

A survey of judges provides some insight on the mediation landscape in Wisconsin.

“Death by a thousand paper cuts.”

(8/29/20)Phyllis Pollack

The term “microaggression” was coined in the 1970s by Dr. Chester Pierce who is a psychiatrist, and refers to “subtle, stunning, often automatic, and nonverbal exchanges which are ‘put downs’ of Black people and members of other minority groups; ‘micro’ refers to their routine frequency, not the scale of their impact.” (Id.)

NAFCM Vulnerable Visions

(8/29/20)NAFCM, D.G. Mawn

The National Association for Community Mediation discusses the importance of having a vulnerable vision, and standing up for it.

Thoughts on Addressing Racial Injustice

(8/28/20)Richard Barbieri, Bernard Mayer, Richard Susskind

This work juxtaposes an announcement by AAA-ICDR with articles that promote dialogue to address racial: 1) Are We Ever Neutral?  Should We Be? 2) Staying with Conflict - Election Edition: A Conflict Practitioner’s Lens on the US Election 3) What's the Right Thing to do When You are Really Angry About What's Happening in America?

Bearing Witness in Mediation

(8/28/20)Laurie Israel

Recently I’ve been pondering a certain aspect of my experience with mediating divorces. It’s about something that often comes up in my encounters with my mediation clients.

Mediator’s Thoughts for Parents During the Pandemic

(8/21/20)Dan Simon

Divorce or separation is a big challenge in itself.

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