Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations
As a JAMS mediator, I believe that one of the best ways to assist parties to resolve a dispute is to educate them about the risks they run in continuing the confrontation.
The End Game
Deciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference.
Love’s New Mediation Data: Whither the Joint Session?
Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.
How to AVOID Conflict Gracefully
If you’re good at selective conflict avoidance, you will have a greater sense of order and control in your life.
Personality Matters!
This post discusses interesting ramifications of personalities, such as two individuals who are each “disagreeable” tend to get along the best.
Confidentiality – Seamless or a Thing of Shreds and Patches?
What happens at a mediation stays in the mediation (except so far as necessary for enforcement of the settlement). So mediators are taught and so they inform the parties.
Objectivity is Imperative
Most conflicts are dealt with successfully by the individuals involved without outside help.
Let’s Settle This Online
The benefits of online mediation for personal injury disputes. Much attention has been given to online mediation, in addition to other types of online dispute resolution (ODR), as it has seen widespread acceptance as of late due to restrictions on in-person gatherings. Is that acceptance forced in light of the need to keep claims moving forward with no viable alternative, or are parties finding that online mediation may, in fact, be preferable to face-to-face in some cases?
How Can American Democracy Survive its Latest Conflict?
The world is watching one of the most divisive periods in American history.
The Wisdom Of Choosing A Retired Jurist For ADR
During this year of COVID-19, courthouses have been repeatedly challenged with closures and delayed start-ups.
Why Mediation Is the Holy Grail for Health Care Disputes
After trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced mediation is the best option for resolving cases while keeping your clients’ interests in mind, particularly for health care disputes.
Research Shows How Changing the Narrative Can Open the Door to Conflict Resolution
This article explores how the glorification of our ingroup (those whom we share identity with) contributes to conflict.
Virtual Mediation Can and Must Be Done Right
Use these strategies to avoid pitfalls and make the most out of virtual mediation. Especially during Covid-19, virtual mediation can and must be facilitated with excellence.
Using Mediation Techniques to Manage Conflicts and Create a Healthy Work Environment
It is not surprising that workplace conflict is one of the most talked-about topics in HR. Many different types of people work in an office, and the difference in opinions and personality is usually the cause of workplace conflict.
Good Faith in Mediation
Both parties must enter a mediation with good faith, meaning that the parties have the sincere intention of trying to find a resolution in the dispute.
Need for Clear Language Initiative to un-Babel Our Models
I’ve said it before, and I’ll say it again. We use rotten language to describe our ideas and theories.
Bedrooms, Bookcases, or Beaches: Choosing and Organizing Your Background with Purpose
Today’s post explores how best to present yourself in a virtual mediation.
Asynchronous Instruction in this Year of Living Dangerously
Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic.
Talking It Out- The Problem With, And In Rural Areas
It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.
Impact of Couple Conflict and Mediation on How Romantic Partners are Seen: An fMRI study
This article illustrates that mediation improves conflict resolution and is associated with increased activity in the nucleus accumbens, a key region in the brain's reward circuitry.
Do You Have to be a Lawyer to Draft a Separation Agreement?
Do you have to be an attorney to be a divorce mediator? The short answer is no. The long answer is important to unpack though.
Breaking Up Doesn’t Have to Mean Going Broke
Why an uncontested divorce makes sense for high net worth couples.
The Importance of Accurately Attributing Gains on Separate Property in Divorce
Let’s take a simple example to show why a back of the envelope calculation could provide a completely inaccurate picture of the value of the marital vs separate portions of a joint account.
Employee Contracts Are Becoming Complicated Amid COVID-19
Employee contracts, which were rarely straightforward before the pandemic, are particularly complicated now.