Facilitation Articles

Facilitation Articles


Interview with Larry Susskind

(1/15/18)Larry Susskind

This is the complete interview by Robert Benjamin with Larry Susskind, a leading public policy mediator, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Objections to Joint Sessions

(1/12/18)Joe Markowitz

“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties.

Champions of Peace

(1/12/18)Bruce Edwards

Remember, we are not just developing an individual practice. We are reshaping a legal culture, while building an industry.

Confusing Dispute Resolution Jargon

(1/05/18)John Lande

In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation.

Plan Teambuilding Now

(12/29/17)Ronald S. Kraybill

Good relationships rarely happen by chance. They happen by choice, when people choose to do stuff that facilitates friendship and connection.

The Arbitration from Hell and How the New York Courts Got It Wrong

(12/28/17)Norman Solovay

This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.

Eye of the Storm Leadership: Guerilla Bridge Building

(12/27/17)Peter Adler

Guerilla warfare is unconventional. Instead of relying on large, slow moving armies and doctrines of overwhelming force, guerillas depend on invisibility, highly portable weapons, quick ambushes, booby traps, and hundreds of pressuring tactics that achieve practical offensive or defensive results.

I Would Never ...

(12/22/17)Cinnie Noble

The other day a coaching client told me that she became angry at a man she works with who criticized how she managed a situation.

When it Seems Trivial, Pay Close Attention

(12/22/17)Tammy Lenski

When you’re tempted to dismiss someone’s concerns as trivial, or roll your eyes at the things people find to fight over, it’s time to sit up straight and pay attention.

Mediation Advocacy Beyond the Norm

(12/22/17)Paul Monicatti

Pre-mediation summaries give an advocate the latitude to set a non-adversarial tone conducive to joint problem solving

Do You Use "BATNA" Wrong?

(12/17/17)John Lande

Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.”

Mind Your Own Beeswax

(12/01/17)Cinnie Noble

As a kid, I remember using the phrase “mind your own beeswax” – instead of mind your own business – as a reaction to others who were being nosy.

Conflict Audit: How Much Is Conflict Costing Your Organization?

(12/01/17)John Ford

Finally discover how to quantify the direct and hidden Costs of Conflict.

Take Five! – How Adults Can Benefit From A Time Out

(12/01/17)Patricia Porter

The logic behind the time-out method is that if you remove the child from a fun surrounding when they do something wrong, then it will eliminate that behavior.

Anger Has Its Benefits !!

(12/01/17)Phyllis Pollack

Researchers concluded that “‘People intuitively chose to become angry… They believed they would become more effective competitors.’”

Compassion: A Route to Realism and to Detecting Impossible Possibilities

(12/01/17)Alia Ismail

Even though some would reasonably argue that compassion could make true reconciliation a possibility, what seems apparent is that compassion could at least reliably function as a detector that filters possible solutions from impossible ones.

Lessons From the ABA's Excellent Report on Mediator Techniques

(11/27/17)John Lande

The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.

In Praise of (Good) Disagreements

(11/17/17)John Lande

As they say, if two people always agree, one of them is unnecessary.

An Overview of the New York Rules of Professional Conduct in the Context of Mediation

(11/17/17)Marcy Einhorn

In the spirit of Honest Abe, New York again celebrated Mediation Settlement Day on October 18 this year with a host of activities designed to promote mediation as a means of resolving disputes without going to court.

The Question That Brings Hamster Wheel Debates to a Standstill

(11/10/17)Tammy Lenski

Some debates, arguments, and bickering go on and on, without leading anywhere (except to more frustration).

I Apologize For Suggesting It !

(11/10/17)Phyllis Pollack

Mediations and their participants never cease to amaze me.

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

(11/10/17)Jennifer Shack

Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.

Go Back to the Future to Discover How Your Agreement Could Fail

(11/06/17)Tammy Lenski

When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.

‘Think Like a Mediator’ Conflict Resolution Program at Rikers Island

(11/06/17)Mary Austin, Richard Brewster, Nina Martinez, Hillary Zilz

The article describes the authors’ experience teaching a six session course called “Think Like a Mediator” on conflict resolution to inmates at the women’s jail facility (the Rose M. Singer Center) at Rikers Island in New York City.

Negotiation - Part 7

(10/27/17)Pete Desrochers

Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.

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