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Facilitation Articles

Facilitation Articles


How the Mediator Gains the Parties’ Trust

(11/19/18)Arthur Pressman

Step 1 in gaining the parties' trust: 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.

7 Traits of the Modern Sociopath and Psychopath

(11/12/18)Jeff Thompson

You hope to never negotiate or engage a subject with anti-social personality disorder but if you do, you better know about their common traits and symptoms.

Zealous Advocacy Can Kill

(11/12/18)Laura Tarcea

His divorce was going really badly: aggressive lawyers on both sides, court battles and blame-ridden affidavits!

Mr. Rogers and the Power of Persuasion - Video

(11/07/18)Will Schoder

This video discusses the history of arguing and ways to make it more effective.

Dishonesty

(11/01/18)Colin Rule

I’d wager we’ve all had a friend or family member share one of their new creations with us (maybe a poem, or an article, or a intending-to-be-funny youtube video) and ask, excitedly, “What do you think?”

What Should You Ask Your Mediator at the Initial Session?

(11/01/18)Oran Kaufman

What I offer in this article is some thoughts and ideas of questions that may be helpful to ask at your initial consultation with your mediator.

Mediator as Judge

(11/01/18)Laurie Israel

When trained as a mediator, the first thing I learned was that mediation is a client-driven process.

Heartbroken in Pittsburgh

(11/01/18)Andrea Schneider

I thought that teaching the Kavanaugh hearings in a careful and respectful manner a few weeks ago would be the biggest teaching challenge of the semester. I was wrong.

Family Feud? Use Eldercaring Coordination for High Conflict in Eldercare

(11/01/18)Sarah Gross

This article distinguishes elder mediation and eldercaring coordination, and discusses the benefits of eldercaring coordination for high-conflict cases.

Empathy

(10/26/18)Colin Rule

I travel all the time for my job--and part of the traveling experience is vulnerability.

An Ounce of Prevention

(10/26/18)Amy Sereday

"An ounce of prevention is worth a pound of cure": It is true about many things in life, but it is particularly true when it comes to conflict.

Two Points: Detrimental to any Mediation Process

(10/26/18)Muhammed Rafeeque

The post is about TWO points which may go against the Mediation Process in India: (i) A constant persuasion of Mediator on either parties would have opposite effect.

The Mediation Advocate’s Alphabet

(10/19/18)Jonathan Rodrigues

From limited experiences, learning from mistakes, compliments from clients, advise from mentors and suggestions from peers, here is a guidebook with some cheat codes for any amateur lawyer looking to rehearse before a Mediation.

Mediation Power Imbalances: Weighing the Arguments

(10/12/18)Nigel Dunlop

It is commonly said that power imbalances in mediation render it unfair.

Like the Fireflies Generating Light

(10/05/18)María Victoria Marun, Maria Eugenia Sole

It is currently common to use expressions such as "polarization" or "crack" to describe the attitudes with which the inhabitants, politicians and governments in different countries raise or debate their problems.

Family Mediation and Domestic Abuse

(10/05/18)Ryan Compton

Mediation in Worcester, Gloucester and the surrounding areas is increasingly the default option when it comes to family dispute resolution.

Conflict Assumptions

(9/28/18)Cinnie Noble

When we are in conflict with another it is often the case that we make assumptions about her or him.

Power, Impartiality, and Timing: Third Party Mediation in the Middle East

(9/28/18)Armita Azad

There has been upsurge literature on third party intervention in recent years, and still a significant gap in the field of mediation.

The Science of Negotiation

(9/24/18)Jan Frankel Schau

Follow, if you will, the mediation of a sexual harassment claim to learn the basic principles of mediation.

The Mediation Miracle

(9/21/18)Leonard Edwards

In the past few decades, California has led a national shift in paradigms for family conflict resolution that has freed trial courts to do what they do best—ensure due process of law and serve as the court of last resort.

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