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New Articles
Obama, Miracle on the Hudson and a Society of Collaborative Excellence (1/16/09)
What are the odds of Barack Obama becoming our President? And what are the odds of 155 passengers surviving a plane crash into the Hudson River? This is not everyday stuff. It is what is possible. It is what is best. Does all this portend a new culture of collaborative excellence?
Medicine and ADR (1/12/09)
Some people will tell you that a scientific understanding of dispute resolution is impossible. Human beings are just too complicated, they will say, or there are just too many variables. This is nonsense. It is the argument always raised by witch doctors when their livelihood is threatened by scientific medicine.
Win as Much as You Can: Winning Real Estate Negotiations with Patience and Respect (1/12/09)
This article offers negotiation strategies for licensed real estate salespersons and brokers to sharpen their skills to compete in this very challenging and competitive real estate market.
Nix Your Mediator's Prospective Waiver of Liability (1/12/09)
Excellence in mediation requires considerable skill. It also requires that the mediator use those skills in service of values consistent with the values of clients. When selecting, reviewing, or comparing mediators, it's important to pay equal attention to the mediators' values as well as their skills.
Mediate.com Blog Archive for January 12, 2009 (1/12/09)
This is an archive of the Mediate.com Blog for January 12, 2009.
Un nuevo método de resolver conflicto en materia de seguros (1/11/09)
Más de una década ha pasado de la vigencia de la ley de mediación obligatoria en la ciudad de Buenos Aires y aún, en algunos, está presente la cultura del litigio. No ha sido suficiente la implementación de la citada ley y las que se han dictado en la mayoría de los estados provinciales para que litigantes, abogados y jueces comprendan definitivamente que los métodos alternativos de resolución de conflictos son los más adecuados para promover la paz social.
Traits of a 'Mediator' (1/07/09)
Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable. It turns out that these same character traits may have other uses as well.
The Clash of the Titans: Getting the Best Results in Mediation when Cooperative Negotiator meets Competitive One (1/06/09)
California lawyers are now being routinely trained in the benefits of a win/win approach to negotiation by “expanding the pie”. However, the culture of cooperation is often confronted with a more competitive approach in mediation of litigated cases. This article will offer strategies for breaking the impasse this clash of styles presents in mediation as well as offer concrete strategies for litigators to adjust their own styles and thereby maximize their clients’ results.
Mediated More Than Mediator And Mediation (1/06/09)
This composition was triggered by Barry Goldman’s article: Not even wrong. He believes that in ADR we are making the same mistake that medicine did for centuries. The mistake is the excessive preoccupation for the spiritual purity of the facilitator. Goldman wrote about the evolution of medicine: the belief in the necessity of ritual purity delayed for centuries the discovery of antisepsis.
Working Together after Divorce – The Mediated Road to Success (1/06/09)
The world of divorce is a place with an infinite number of stories that play out as a short list of common themes. The biggies: the well being of the children, how to divide assets, who gets the marital home and the complications of a parenting plan. We also know that divorces are rarely the end of the relationship in the sense that once they are final you never have, or need to have, contact with the other party again.
Mediate.com Blog Archive for January 5, 2009 (1/06/09)
This is an archive of the Mediate.com Blog for January 5, 2009
Sharon Pickett - A Remembrance (1/05/09)
Sharon Pickett, 58, died of breast cancer on August 30, 2008 in Bethesda, Maryland. Here is a remembrance of Sharon and her contributions to the field of conflict resolution.
Taxi: Paraíso para mediación (1/04/09)
Este artículo toma la forma de una pieza de teatro de un acto. Es un diálogo espontáneo entre dos seres marginales en la sociedad tradicional –una anciana y un joven. Intenta articular ideas fundamentales sobre procesos cognitivos en el manejo de conflictos.
They Started To Fight When The Money Got Tight (12/29/08)
This article asks must differences over scarce and limited financial resources be determined by divorce court room battles? In answer it suggests that choosing the right method in the beginning could save separating and divorcing couples, time, money and tears in the long term.
Managerial Mediation And Arbitration (12/29/08)
I will always be indebted to Dan Dana for introducing the concept of the manager as the mediator to me. Dan was the pioneer who blazed the trail. In this short article I want to consolidate and reiterate his fundamental insights, and of course add my two cents!
Before You Go to Court (12/29/08)
Tips that you should consider prior to entering the courtroom.
Mediate.com Blog Archive for December 29, 2008 (12/29/08)
This is an archive of the Mediate.com Blog for December 29, 2008
Mediate.com Blog Archive for December 22, 2008 (12/23/08)
This is an archive of the Mediate.com Blog for December 22, 2008
Scotland Wants To Become “The Switzerland Of Dispute Resolution” (12/22/08)
Not only does Scotland vie to become a global, efficient ADR center attracting domestic and international businesses, but it also wants to improve the overall competitiveness of its legal system.
Plaintiff’s Personal Injury Attorneys Are Agonizing Over The New Medicare Reimbursement Laws (12/22/08)
The growing Medicare shortfall in Washington has many politicians looking for ways to bridge the funding gap. As a result a new law, effective July 1, 2009, has been enacted which requires liability insurers (which include carriers who write CGL policies, auto policies, homeowners’ policies and those defendants who are self-insured such as supermarkets) to determine and report whether a claimant is covered and is entitled to Medicare benefits. If the claimant received Medicare benefits during their treatment for the injury, Medicare is holding out both hands to make sure they get 100% reimbursement, despite the comparative negligence of claimant.
Impartiality (12/22/08)
Impartiality is one of the more commonly recognised aspects of the role of the Mediator. This does not mean that the Mediator should somehow become inhuman and not have a feeling of bias towards one party or another, but that they practice in a way that minimises any manifestation of this bias.
An Alternative Approach to Negotiation and Mediation Planning (12/14/08)
It is often of concern for individuals involved in the training and practise of mediation and negotiation to witness how negotiators (even after being trained for several days) still get bogged down in issues that are ‘trivial’ to the central objective or frame.
Why Mediation Often Works When Lawyers Haven’t Been Able To Settle (12/14/08)
Too often attorney settlement discussions are merely a short exchange after depositions, vaguely inquiring about whether the other party is ready to throw in the towel. And when more serious settlement discussions are held, they’re often attempts by one lawyer to see if the other lawyer is willing to modify their “best case scenario” position with obligating the inquiring lawyer to any corresponding concession.
Creativity v Defensiveness (12/14/08)
All of us pride ourselves in being creative, whether artistically or professionally. To be defensive, on the other hand, implies weakness or, if you will, a lack of aggressiveness.
Mediate.com Blog Archive for December 15, 2008 (12/14/08)
This is an archive of the Mediate.com Blog for December 15, 2008.
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