Navigating the Listening in Mediation
“When there is a patient listener, the speaker starts listening to the speaker within the speaker.”
The Enugu State Multi-Door Courthouse (ESMDC)
The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.
If a Crime is Admitted, What Then?
If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?
Change Power is in the Process: When Listening is Not Enough
Since the untimely and senseless killing of George Floyd in Minneapolis on May 25, 2020, the response from many organizations, places of work, and corporations have been to hold listening sessions specifically for African Americans to “share their story” with their peers.
Online Dispute Resolution: You Can Do This!
Aspects of ODR have been with us in one form another for decades.
Use Mediators and Police as Conflict Resolution Partners
In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.
BATNA’S Got to Go
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.
Kristen Blankley: New Opportunities for Pro Bono in a Pandemic
COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others.
Mediation in the Legal Culture of Italian Lawyers: Some Data from an Empirical Study
In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.
George Floyd: A Call to White Leadership
The purpose of this brief article is to respond to the article titled “George Floyd: What Leaders Need To Do Now,”published in Mediate.com and to offer some comments by a living black man whose paternal grandfather and grandmother were slaves.
Addressing Ethical Issues in Online Mediations
Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues.
Behind the Legal Frustration
This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question relating to the effectiveness of arbitration in comparison to litigation.
Avoiding the Need for Workplace Dispute Resolution
Conflict arises in most workplaces at one point or another, but companies who take time to address the unmet needs of their employees may find that they have an easier time preventing or managing conflict overall.
Using Mediation for Family Business Disputes
Being in business with family members involves some unique dynamics that are not present with other types of business arrangements.
Mediating Disputes Involving Financially Shaky Defendants
My experience suggests that the mediator's toolbox contains techniques that can help financially shaky defendants settle.
Congress Awakes!
This is an opinion piece about the country's response to the pandemic: "There is no simple prescription without the hard work of identifying the precise nature of our problems and working together toward their remedy."
What Happens If You are Getting a Military Divorce?
Most of those in the know agree that military marriages are burdened by stresses and strains beyond those of an ordinary marriage.
4 Things You Definitely Need to Become an Accomplished Online Mediator
The success of online mediation depends 95% on your mediation experience and skills.
The Next New Normal in Law, Dispute Resolution, and Legal Education
A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN).
It's Time to Talk....
Talking about end of life wishes is never fun, and seldom easy.
Cope with Conflict During COVID-19
Workplace conflict can’t be, ignored, cancelled or put on hold. And there are suddenly all kinds of reasons for employees to feel pushed to their limit.
Four Reasons to Try Divorce Mediation
When we think about getting a divorce, most people immediately start looking for an attorney to represent them.
March, A Month to Celebrate California Mediation Week
In 2009 the California Judicial Council adopted a standing resolution recognizing the third week of March as Mediation Week (Proclamation).
The Law Can Be Dangerous to Lawyers' Mental Health
I’ve said it before and I’ll say it again. The law can be a very dangerous thing.
Break & Repair vs. Preventive Maintenance in Workplace Conflict
Are you waiting until relationships are broken to deal with workplace conflict? Tip: this is not the most effective way to deal with disagreements and problems!