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Facilitation Articles

Facilitation Articles


Difficult Conversations Deplete the Brain’s “Processing Power”

(10/13/17)Tammy Lenski

Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.

How Conflict Is Like Sex

(10/06/17)Peter T. Coleman

Another big idea on peace and justice from the career of Morton Deutsch.

Sunk Costs and the California Law Revision Commission

(10/06/17)Phyllis Pollack

On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402).

From Litigation to Conflict Resolution

(10/06/17)Joe Markowitz

“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.

Consumer Mediation in the European Union: A Beginner's Guide to Mediation Under Directive 2013/11/EU

(10/06/17)Mahasweta Rayan

The use of mediation in resolving consumer disputes has always been a subject of curiosity, generating much debate.

Conflict Chat: Challenges In Working In A Gig Economy - Audio

(9/29/17)Stephen Kotev, Patricia Porter

Got Conflict? Are you a worker taking on short projects or “gigs?”

Expanding The Benefits of An Apology!

(9/29/17)Phyllis Pollack

On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law.

Moving Workplace Conflict from Dysfunctional to Functional

(9/29/17)Meredith Richardson

When I get a call about workplace conflict, I often find that these 4 things are true.

How Does Your Mediator Add Value?

(9/29/17)Bernard Morrow

Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.

All for One … One for All: Collaborative Process Or Collaborative Lifestyle

(9/29/17)Marty Klein

In 2007, after twenty-three, war-torn years of litigation, I just knew that there had to be a better way of resolving conflict in people’s lives. Thus began my quest – my journey into the world of alternate dispute resolution.

Ten Reasons Why Mediation Creates a Holistic Approach in Generating More Love & Compassion in Family Conflicts

(9/29/17)Denisha Shah

The article is about general foundations and principles of family conflicts in relationship to mediation focus. The overall article is a summary study in 10 steps for family conflicts through mediation process.

Your Rules/Their Rules in Conflict Management

(9/22/17)Lorraine Segal

This article discusses the Zen at the Gym (part 3).

Disagreeing

(9/22/17)Maria Simpson

“Recognize the strengths of the other guy’s argument and the weaknesses of your own. Keep an open mind while listening.” - by Jake Sullivan.

Can Your Beliefs About Someone Alter Their Behavior?

(9/14/17)Tammy Lenski

If you believe someone is aggressive, could they behave more aggressively with you than with others?

Joint Session: A Tale of Two Mediations

(9/14/17)Bernard Morrow

I share a tale of two wrongful dismissal mediations conducted weeks’ apart.

Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation

(9/14/17)Arthur Pressman

Noted lawyer Gerry Spence is as accomplished a painter as he is a trial lawyer. In both of these activities Spence creates canvases. More importantly, he understands in both pursuits that he is the painter and not the painting.

Join the Resistance

(9/08/17)Tammy Lenski

When we notice resistance, a typical response is to try persuading them out of their resistance.

When Does Conflict Move in a Good or Bad Direction?

(9/07/17)Peter T. Coleman

We should work hard to approach conflicts as mutually shared problems.

Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book Review

(9/07/17)Klaus Peter Berger

This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.

Mastering the Art of Negotiation - Book Review

(9/06/17)Joshua N. Weiss

This is a book review by Joshua Weiss of the book Mastering the Art of Negotiation.

Accountability of ADR Practitioners

(9/01/17)Shirli Kirschner

Accountability of ADR practitioners is important to ensure the credibility and effectiveness of ADR processes.

Using ADR Ideas to Negotiate Divorce Agreements

(9/01/17)Larry Gaughan

In negotiating a divorce agreement, it’s important to understand how the spouses negotiated with each other during their marriage.

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

Why Case Consultation/Reflective Practice Groups Matter for Mediators

(8/30/17)Michael Lang, Rochelle Arms

While mention of reflective practice in the field of mediation has grown in recent years, its use is still not standardized in the work of most mediators.

World Peace: How Do We Keep Nations from Thermonuclear War?

(8/18/17)Peter T. Coleman, Morton Deutsch

This article describes ideas on peace and justice from the career of Morton Deutsch.

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