Facilitation Articles

Facilitation Articles


The Art of the Term Sheet

(5/16/22)Laurie Israel

Have you ever had the experience when working on a matter with a client where you are sent, at the outset, a complete multi-page agreement by counsel of the other party? And then you see revision after revision?

Personal Transformations are Required for Corporate Transformation

(5/16/22)Ralph Kilmann

I’m publishing this article to discuss the nuances of the four timeless topics for people and organizations: conflict, change, transformation, and consciousness.

Confidence in Conflict: Three Methods to Resolving Conflict Without Losing Your Cool

(5/16/22)Denise French

In coaching we often suggest clients that they “keep Amy in the backseat” when you’re in a conflict. We are referring to your Amygdala.

7 Points on the War and Dialogue from Ukrainian Mediators and Dialogue Facilitators

(5/16/22)Tatiana Kyselova

This document was developed by Ukrainian mediators and dialogue facilitators to convey their voice and professional opinion to major actors in the international sphere of conflict transformation.

Self-Determination in Mediation

(5/13/22)Bob Wright

Allowing parties to make their own choices and come to their own decisions regarding the outcome of a dispute is a fundamental tenet of court-annexed mediation.

5 Ways Custody Mediation in Ontario is Unique

(5/13/22)Ben Coltrin

One of the most popular alternative dispute resolution (ADR) processes in Ontario is mediation. Knowing these five traits unique to mediation in Ontario could help you determine whether the process is right for you.

Will You or the Conflict Be Something You'll Laugh at Some Day?

(5/09/22)Cinnie Noble

It’s somewhat counterintuitive to think and say we actually laugh at our interpersonal disputes!

Beware of Email Agreements!

(5/09/22)Phyllis Pollack

The American Bar Association published a story warning us all to be careful about settling by email.

Marital Mediation: Where Are We Going?

(5/09/22)Susan K. Boardman

This article addresses the need for further study to help more clearly delineate the process of Marital Mediation from Marital Therapy, and perhaps help MM become more widely known as a legitimate process and therefore utilized as a first attempt at healing the relationship.

The Avoiding Culture in Organizations

(5/09/22)Ralph Kilmann

Many organizations seem to have a strong avoiding culture, which can best be investigated with a specific change in TKI instructions.

7 Tips for Parents Talking to the Kids About Divorce or Separation

(5/09/22)Joy Rosenthal

This article discusses breaking the news to the kids.

Empathy In Toxic Partisan Pandemic-Based Conflicts: How Organizational Strategy Can Help Us Do Better

(5/09/22)Lucas Smart

This article examines what the COVID impact has been on our culture--what can we learn from this to prevent conflict going forward?

Conflict - Like a Dance? Really!

(4/30/22)Cinnie Noble

“Like a dance, conflict escalation generally requires the participation of both parties.” Brian Mistler

Mediating Commercial Disputes: Understanding the Process to Maximize the Benefits

(4/30/22)Mia Levi

Often, parties may be hesitant to agree to mediation.

Top 5 Ways to Build a Diverse and Inclusive Company Culture

(4/30/22)Joanne Saint Louis

Diversity, equity and inclusion (DE&I) is a clear business differentiator, and it has never been more critical, particularly in light of the pandemic, which has brought about a mass exodus of professionals leaving their jobs.

The War in Ukraine: Lessons for Mediators

(4/28/22)Kenneth Cloke

Every defeat in every war is a tragedy, not merely for the nations, factions, and citizens of countries who have died or been conquered, but for each and all of us everywhere – and not just abstractly, but as very real, very personal losses.

BATNAs and Anchors

(4/28/22)Phyllis Pollack

We are all taught that before entering into any negotiation, we should give some thought to what our best alternative is if we do not settle (that is, our Best Alternative to a Negotiated Agreement or BATNA.)

The Art of the Simple in Mediation

(4/28/22)Greg Rooney

I have no idea what I will do when I go to mediate a matter. After 30 years of practice the only thing I know is that the parties are stuck and if they have lawyers, the lawyers are stuck.

History of Decision Making and Application to Dispute Resolution

(4/25/22)Robert Bergman

Decision-making is an integral part of conflict resolution. Any decisions taken at any level during the resolution process must consider all the conflicting needs of the individuals who are in conflict.

Invisible Rules and Conflict

(4/22/22)Lorraine Segal

Invisible rules can lead to conflict.

Reducing Litigation Costs in Noncompete Litigation: Former Employer’s Perspective (Part 1 of 2)

(4/22/22)Gary Fowler

Tightening labor markets and high demand for key employees increase pressure on employers to enforce covenants not to compete.

The Known and the Unknown

(4/18/22)Phyllis Pollack

“There are known knowns. There are things we know we know. We also know there are known unknowns. That is to say, we know there are some things we do not know. But there are also unknown unknowns, the ones we don’t know we don’t know.”

Managing Multi-Party Construction Disputes

(4/18/22)Jeff Trueman, Patrick Coughlan

Co-mediation works well in large-scale construction disputes because it exchanges information among participants more efficiently and expands capacity to solve problems.

Know Your Worth

(4/17/22)Cinnie Noble

“Know your worth. You must find the courage to leave the table if respect is no longer being served.” Tene Edwards

[PODCAST] Demystifying Mediation Myths in the Construction Industry

(4/17/22)Bruce Edwards, Patricia Thompson

A podcast from JAMS featuring neutrals Patricia H. Thompson, Esq., FCIArb, and Bruce A. Edwards, Esq., on some of the top myths on ADR within the construction industry.

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