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Facilitation Articles

Facilitation Articles


Can You Teach an Old Dog New Tricks?

(8/16/19)Oran Kaufman

What can mediators learn from dog training?

Czech Transformative Mediators Empower Parents and Kids

(8/16/19)Dan Simon

Transformative mediation is thriving in Brno, Czech Republic.

Watch Your Language!

(8/16/19)Jan Schau

The objectives in a mediation are much different than in litigation; but often the differences are overlooked.

A Dent in the Universe

(8/16/19)Bruce Edwards

What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?

Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”

(8/16/19)Mark Kantor

You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.

New Swiss Rules of Mediation

(8/09/19)F. Peter Phillips

The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.

5 Mediation Strategies for a Successful Divorce Agreement

(8/09/19)Leah Hadley

There are many benefits to choosing mediation for your divorce, but it’s also important to understand and prepare for the challenges.

Educating the Next Generation in Resolving Social Media Disputes

(8/05/19)Gregg Relyea

Educating the next generation about conflict resolution skills--early in life--is essential on many levels.

Verbal Self-Defense Begins with a Mindset of Compassion and Empathy

(8/02/19)Patricia Porter

With Aikido, practitioners learn how to defend without harm to themselves and the attacker.

5 Tips for Dealing with Difficult Clients

(8/02/19)Robert Hamparyan

If you’ve been in practice for more than a few months, there’s no doubt you’ve encountered a difficult client. It comes with the territory, and so as a lawyer, it’s important to learn how to handle difficult situations.

The “Flip Side” in Conflict

(7/30/19)Cinnie Noble

It is common that we get so caught up in our conflicts that we only see our side.

An Alternative for the Small Business Owner

(7/30/19)Denise French

The small business owner in divorce faces unique challenges that other, regular W2 employees don’t.

Five Ways to Attract and Retain Young Professionals to your ADR Program or Organization

(7/30/19)Stephanie Klein

If you've noticed that your ADR program or organization (or the field in general) is lacking in young professionals, you are not alone. In this article, I offer five practical ideas that ADR program leaders can implement now in order to get and keep young professionals in ADR.

The Psychology of Conflict and the Art of Compassion

(7/24/19)Debra Dupree

This article is designed to shift how we manage people in emotionally intense situations.

Wrong Side of the Bed

(7/19/19)Cinnie Noble

Sometimes I wake up in a cranky mood-am I the only one?

Follow the Platinum Rule in Diverse Workplaces

(7/19/19)Lorraine Segal

The Platinum Rule is better than the Golden Rule at work, because not everyone is the same.

Time-bound Mediation: Good or Bad

(7/19/19)Sarah Ater

The article questions whether allocating a specific amount of time for mediation sessions or limiting the entire period within which to complete the mediation process is a good or bad thing.

Best Conditions for Workplace Conflict Resolution: When Can it Work?

(7/19/19)Jeremy Pollack

In workplace conflict resolution, just as in any peacebuilding effort, much of the success lies in the parties’ motivation to resolve the dispute.

Celebrating Pride – Reflections on Being a Gay Mediator

(7/18/19)Frederick Way

This article discusses this mediator's viewpoint that as a mediation profession need to celebrate our own pride.

Why Retainers are Important to the Mediation Process

(7/12/19)Laurie Israel

For most mediations, having the financial relationship between the mediator and the clients prepaid through a retainer can be a very strong impetus towards making the mediation process stronger and more effective.

SCOTX Grants Petition For Review Over Local Government Arbitration Question

(7/12/19)Beth Graham

On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.

Bringing the Human Face to Conflict

(7/12/19)Jacques Joubert

Mediation may be described as a process that evolves over four different phases. It begins in a joint session and ends in a final joint session.

What Happens in the Mediation Room?

(7/12/19)Joy Rosenthal

I ask both parties to come in for an introductory meeting when they inquire about divorce mediation.

The Divorce Process: Mediation Saves Money, Time and Trauma

(7/12/19)Stuart Watson

The divorce process has significant impacts on the lives of the spouses and their families depending on how they go through the divorce. This article outlines how divorce mediation can save families money and time, and reduce trauma when compared to a traditional, litigated divorce process.

A Way to Turn Anger Into Curiosity

(7/05/19)Tammy Lenski

Only people we love and care deeply about can make us so angry we want to blow a gasket, says famed Star Trek actor George Takei.

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