Addressing The Imbalance Of Power In Elder Mediation Cases (5/04/09)
John Bertschler, Patricia Bertschler
This chapter is devoted to the complex process of identifying where a power imbalance exists in mediation and dealing with those situations in a productive and compassionate fashion.   2 Comments

Making Decisions In Times of Uncertainty (5/04/09)
Manie Spoelstra
Lets consider how we tend to decide in times of uncertainty and how perhaps we can make less ‘crazy’ decisions.

Mediation Music (5/04/09)
Dena Schechter
Mediation is often likened to a dance, but it is much more complex, much like a symphony and the mediator is the conductor who helps it develops its own distinctive rhythms.

Mediate.com Featured Blogger Interview: Diane Levin At Mediation Channel (4/27/09)
Diane J. Levin
Mediate.com is doing a series of articles on our Featured Bloggers. This is the featured blogger interview of Diane Levin.   2 Comments

Mediate.com Blog Archive for April 27, 2009 (4/27/09)
This is an archive of the Mediate.com Blog for April 27, 2009.

The End of Mediation: An Unhurried Ramble On Why The Field Will Fail And Mediators Will Thrive Over The Next Two Decades! (4/23/09)
Peter Adler
Brothers and sisters, mediators and facilitators, consensus-builders and collaboration gurus: let us gather down by the river. We have much to discuss, not the least of which is that the end of mediation is upon us.   5 Comments

Kamikaze Conflict – How Might It Damage Your Franchise System? (4/23/09)
Jeff Giddings, Scott Weaven, Lorelle Frazer
This article considers the circumstances in which business franchise disputes can turn toxic. The complex nature of the relationship between franchisee and franchisor, which involves instances both of common and of competing interests, can lead to parties in conflict acting in ways which are detrimental to their own business interests in an effort to damage the interests of their franchise partner. We refer to this as 'kamikaze conflict' and explore what steps might be taken by franchisors in particular to anticipate and address such difficulties.

Navigating Relationships: The Invisible Barriers to Resolution (4/22/09)
Bennett G. Picker
Mediation involves many key relationships beyond that of plaintiff and defendant that could present barriers to resolution. The author identifies some of these relationships, shows how they can create barriers to a successful mediation, and offers suggestions for overcoming these barriers.   2 Comments

Ha muerto en estos días un líder argentino de la paz - Raúl Alfonsín (4/22/09)
Rene Llapur
Ha muerto un líder de la pacificación argentina, el ex presidente Raúl Alfonsín, (1927-2009), que inauguró en 1983, luego de elecciones presidenciales libres, el período de democracia más extendido, ininterrumpido desde 1983 hasta hoy.   2 Comments

The Eyes Have It (4/22/09)
Phyllis Pollack
When you smile, do your eyes smile, too? If not, you’re faking it! According to a recent research study, “. . . the eyes might hold the clues for bogus versus genuine smiles.”

The Growth Of Mediation In Practice: A Scottish Perspective (4/20/09)
John Sturrock
The author discusses growth of mediation in practice in light of the current economic climate.

Neutrals Reveal Tips With Their Opening Statements (4/20/09)
Lee Jay Berman
Most mediations begin with the mediator's opening statement, much to the consternation of the lawyers (many of whom have heard them many times before) and their parties. Although most lawyers prefer to launch right into their opening statements in a mediation, the mediator's speech can be very helpful.   1 Comment

Marx Unity Of Theory/Practice And Mediation (4/20/09)
Luis Miguel Diaz
The motivation of this article is first to highlight Marx preoccupation for seeking the unity of theory and practice. The second is to reframe the Marxist unity in the context of mediation as a method dealing with divergent views.

Mediate.com Blog Archive for April 20, 2009 (4/20/09)
This is an archive of the Mediate.com Blog for April 20, 2009.

"Let Them Pick the Mediator. We Don't Care." (4/13/09)
Jeff Kichaven
It's a common practice. And, it's generally a mistake. Participants are more likely to achieve satisfactory results in mediation when they actively participate in mediator selection.   2 Comments

Real Mediation (4/13/09)
Barry Goldman
Anecdote, intuition and introspection can suggest questions for science to examine, but only the scientific method can produce real knowledge. Until the terms in the field are unambiguously defined, hypotheses are clearly stated, and rigorous experiments are conducted under controlled conditions to test the claims of the various schools of mediation, all we have is arm waving and name calling.   1 Comment

Development Of Commercial Mediator Skills Training In England And Wales (4/13/09)
James South
The UK mediation market has developed organically, both in a self-regulatory sense and in the development of training programmes and growth of the market in general. This compares with the development of mediation in other international jurisdictions where regulation and standards have tended to come before the mediation market is established.   2 Comments

Mediate.com Blog Archive for April 13, 2009 (4/13/09)
This is an archive of the Mediate.com Blog for April 13, 2009.

Book Review: The Healthy Divorce: Keys to Ending Your Marriage While Preserving your Emotional Well-Being (4/10/09)
Joan B. Kelly
This book is an updated version of Between Love and Hate: A Guide to Civilized Divorce, originally published in 1992. At that time, I was troubled by the continuing portrayal by the American media and movies of American divorces as destructive, poisonous, hateful processes and behaviors reminiscent of War of the Rose, and widely recommended Lois Gold’s book to mental health and legal professionals and separating partners and spouses to educate them about a better way to separate and divorce.   1 Comment

Oregon State Agency Dispute Resolution Programs and Collaborative Problem-Solving Activities (4/10/09)
Mike Niemeyer
On April 2nd, 2009 the Oregon Department of Justice published a report on state agency dispute resolution programs. The report reviews the impacts, trends and activities of Oregon’s dispute resolution programs and collaborative problem-solving efforts over the last two years.

The Science Behind The Sense: Exploring Cognitive Neuroscience In Decision Making (4/07/09)
Robert Benjamin
For four days in March, some 20 professionals, a majority of them experienced mediators, but also including a doctor, a few lawyers, professors and others professionally engaged in conflict management, problem solving and decision making, gathered at Duke University for an immersion course in cognitive neuroscience. This is the kind of emerging research stuff that practicing professionals should be aware of, but all too often are not. Presented by the newly formed Master Mediator Institute, founded by Robert Creo and Monique McKay, in conjunction with Duke University faculty, and led by the Co-Directors of the Center for Neuroeconomic Studies.   4 Comments

Marital Mediation For Family Mediators (4/07/09)
John Fiske
If you are a family mediator, you might expand your practice to offer mediation to help couples stay married. The process, called “marital mediation,” uses the specific settlement focus of mediation to preserve a marriage in ways not attempted by family therapy. The process uses your family mediation skills to help couples negotiate new terms for their marriage. Couples may use mediation to enter into a written post-marital contract defining their own solutions.   1 Comment

Mediate.com Blog Archive for April 6, 2009 (4/06/09)
This is an archive of the Mediate.com Blog for April 6, 2009.

About Mediate.com (4/01/09)
With over 5,000 articles and videos, and over 4 million annual visitor sessions, Mediate.com is the world’s leading mediation web site. Mediate.com serves as a bridge between professionals offering and people considering mediation services.

Take Advantage of Open Access to The Mediate.com Video Center - Over 100 Interviews! (3/31/09)
James Melamed
You now have open and free access to the Mediate.com Video Center! Once at the Center, be sure to check out the "Inside" and "Search Tabs." The Video Center includes over 100 hour-long interviews with leading mediators as well as a variety of additional presentations. Note your ability to search video clips by topic or text. It is all rather amazing. Go and take a look!