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Facilitation Articles

Facilitation Articles


Dispute System Design for Facebook

(12/14/18)John Lande

This article discusses dispute system design criteria for the kind of institution that Mr. Zuckerberg suggested.

Thomas-Kilmann, Hammer’s ICSI, or Style Matters?

(12/14/18)Ronald S. Kraybill

Trainers considering use of Style Matters as a conflict style inventory should be aware of two other options as well, the Thomas-Kilmann Conflict Mode Instrument and the Hammer Intercultural Conflict Style Inventory.

4 Handy Principles for Deciding When You Can’t Agree

(12/14/18)Tammy Lenski

When you can’t agree even with your best effort, having fallback criteria can break the agreement logjam and allow you get on with other things.

How Mediation Can Improve Your Workplace Morale

(12/14/18)Martina Sanchez

Conflict in the workplace can be a damaging and destructive force, which can escalate very quickly.

Stop Being a Damned Fool

(12/07/18)John Lande

Many lawyers are frustrated with their actual clients at times and are tempted to tell them the same thing – and sometimes do.

Even More Conflict Resolution Tips

(12/06/18)Oran Kaufman

Following up on two previous articles, this article taps into 24 years of mediation experience and provides divorcing couples with tips that will help them navigate their divorce and mediation process in sane and healthy manner and will help them stay in control of the process.

Conflict is All in the Mind--or is it?

(12/06/18)Michelle Brenner

I think that there is a lot of confusion in the field about how the vagal nerve and our instinctual responses affect us when we are in conflict--specifically how does the vagal nerve respond when we are scared in conflict?

Essential Tips on Writing an Effective Mediation Submission

(12/06/18)Paul Bates

Mediation and the written agreement has become integral to the litigation process and offers avenues through which disputes can be settled amicably.

Conflict Can Lead to a Heavy Heart

(11/30/18)Cinnie Noble

Since the 1300s the adjective heavy – referring to the heart – has been used in the sense of “weighed down with grief or sadness”.

Legal Stress

(11/30/18)John Lande

This post provides excerpts from my research summarizing significant stresses affecting each of these groups and notes resources and ideas for dealing with them.

Every Dispute is Two Disputes

(11/30/18)Phyllis Pollack

The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.

Interruption and Self-Determination

(11/30/18)Dan Simon

Chaos? A mediation out of control? A weak mediator? I don’t think so.

Saving Homes, Building Understanding

(11/30/18)Eric Slepak

This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.

How Indigenous Voices Can Get Lost in Mediation

(11/30/18)Rebecca Hiers

This article focuses on how differences in communication styles and in world-views can lead to Native Americans not being heard or understood in mediation; and some thoughts on how to address this problem.

Liberia, Its Poverty Recovery Strategies and Failures, and Why Its Pro-poor Agenda will Fail if Lacked Future Perspectives

(11/30/18)Robert Quiminee

This article discusses Liberia's path to peace and liberation, 1871 - 2017.

Mediation Dance-Writing

(11/28/18)Peter Adler

Sometime between 480 and 221 BC during China’s Warring States Period, a general named Wu wrote a short and now widely read treatise on how to win a big fight. The highest excellence, he said, is the “sheathed sword,” achieving your goal without fighting.

If You'd Only Told Me

(11/23/18)Cinnie Noble

Had we known about the other person’s perspective and experience about us things may not have gone on so far and become as difficult.

Anticipatory Governance: Do You Know What It Is?

(11/23/18)Larry Susskind

I finally found the right phrase to describe what city planning is, and what city planners do. Planners provide ideas, analyses and organized settings in which governance (i.e. collaborative problem-solving) can take place.

Mediation, Mediator, Mediation

(11/23/18)Greg Rooney

Mediation has an identity issue - but it’s not its fault.

How the Mediator Gains the Parties’ Trust

(11/19/18)Arthur Pressman

The first step in gaining mediation parties' trust is demonstrating mastery over the process.

Carrying the Weight of Conflict

(11/16/18)Cinnie Noble

It often seems that we carry a heaviness in ourselves – our hearts, our heads, our whole beings – when we are in conflict with another person.

Is the Einstellung Effect Interfering With Your Problem Solving?

(11/16/18)Tammy Lenski

The Einstellung Effect is a cognitive trap that prevents us from seeing better or simpler solutions to problems we’re trying to solve. Here’s how to recognize it and reduce its effect.

Pump the Brakes

(11/16/18)Steven Goldman

The ability to resolve conflicts with one another is a critical life skill, especially in today’s challenging world.

A Clear Description of Confidentiality in Mediation

(11/12/18)John Ford

Privacy is an important element of mediation--this article helps to define it.

Mediator Engagement in Politics – and other things we care about

(11/12/18)John Sturrock

In his thought-provoking new book, Politics, Dialogue and the Evolution of Democracy the legendary Ken Cloke reflects on an exchange between two distinguished American authors, Lawrence Susskind and Bernie Mayer, reflected upon here.

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