Facilitation Articles

Facilitation Articles


Your Student is Headed Back to In-person Learning – and There May be Things to Fear that Have Nothing to do with COVID-19

(9/24/21)Veera Mahajan

A leading mediation expert and international best-selling author cautions that a year of pent-up frustrations; could cause students to blow.

SHOVEL 5 - Whose Fear is it Anyway

(9/22/21)Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Why Have a Disclosure Protocol for Mediation?

(9/21/21)Daniel Rainey

I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?

Ronald Melin Supancic - A Memorial

(9/21/21)Ron Supancic

Each breath we breathe is an invitation to live more fully, more consciously, more attentive, and more aware.

Eight Tips for Mediating High-Profile Construction Disputes

(9/20/21)Patricia Thompson

Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues.

Q&A with Hon. Irma E. Gonzalez (Ret.)

(9/20/21)Irma Gonzalez

Judge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator, special master/referee and neutral evaluator. In honor of Hispanic Heritage Month, we spoke with Judge Gonzalez about how she started in ADR, her accomplishments, the challenges that she’s faced and her advice to younger generations.

Preparing and Paying for QDROs in Divorce

(9/17/21)Mary Salisbury

The responsibilities of a plan administrator include reviewing QDROs or DROs and then distributing the funds to the non-plan participant spouse once they have approved the order--which become difficult in a separation.

Conflict in the Workplace – Mediation Can Make Your Team More Efficient

(9/17/21)Naveed Khan

Conflict in the workplace is inevitable when people with different values and opinions come together.

The Limits of Mediation

(9/13/21)Kenneth Cloke

It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.

Don’t Chalk My Tires, Or Why Mediation is Not Appropriate

(9/13/21)Phyllis Pollack

This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.

High-Tech Dispute Resolution

(9/13/21)Beth Graham

In this scholarly work, the authors examine the intersection of online dispute resolution and psychology.

Helicopter Conflict

(9/13/21)Kathleen Kauth

What do helicopter parents do best? They hover.

Yes and No are Powerful Words

(9/10/21)Sarah Peyton

Yes and No are powerful words. What impact does saying each of them have on your body and nervous system?

The Customer Isn’t Always Right-- But They’re Causing More Conflict Than Ever

(9/10/21)Yvette Durazo

Many leaders are unable to de-escalate conflict themselves, let alone train their employees to do the same.

The Civil Rights Act of 1964: The Right to Bilingual Mediation

(9/08/21)Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Eating Our Words

(9/07/21)Cinnie Noble

Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”

How Do You Define “Ethics?”

(9/07/21)Phyllis Pollack

"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."

How to Resolve a Dispute with Someone Who Doesn't Know Your Language

(9/07/21)John Peterson

As the international business environment is quickly expanding, companies are merging and are therefore helping create a global workplace setting.

[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?

(9/07/21)Rebekah Ratliff

In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.

Making Ethical Decisions

(8/30/21)Phyllis Pollack

Despite the complexity of ethical issues, Ms. Liautaud has formula for making an ethical decision quite simple.

Why I Don’t Caucus

(8/30/21)Joy Rosenthal

One of the things to think about when you are looking for a divorce mediator is whether they will meet with both of you together or will meet with you each separately.

Vulnerability for the WIN!

(8/27/21)Lydia Ray

Vulnerability as quoted from THE vulnerability researcher Brene Brown “is not winning or losing, it’s having the courage to show up even when you can’t control the outcome”. 

Ireland’s Mediation Adventure – A practitioner flying on “mutinous winds”

(8/27/21)Sinéad Coneely

The Act represents a significant turning point for the Irish Civil Justice system and is very significant for mediation.

Exemplifications of Typical Topics: Mediator as a Playwright (Part I)

(8/26/21)Milan Slama

There are certain reoccurring themes, which frequently surface and resurface during the conversations, taking place during mediation meet-ups. These themes are often deeply ingrained in the conflicts, parties have with each other.

Mediator Ethics: Should You Ask for a Waiver of Liability?

(8/24/21)Bill Quatman

I read a Mediation Agreement that struck me as odd, perhaps unenforceable, maybe even unethical

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