Community Mediation Articles
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(12/23/18)Michael A. Zeytoonian
"If you want to make peace with your enemy then work with your enemy. Then he becomes your partner." ~ Nelson Mandela
In her journal article, Professor Sternlight discusses her views on the potentially negative consequences of mandatory arbitration in the employment context as well as the waning impact of social movements such as MeToo.
Having taught mediation skills for over twenty-five years and, more recently, having developed an online mediation training curriculum, it’s only natural that I stand as a zealous proponent of mediation training.
This post provides excerpts from my research summarizing significant stresses affecting each of these groups and notes resources and ideas for dealing with them.
The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.
Chaos? A mediation out of control? A weak mediator? I don’t think so.
Sometime between 480 and 221 BC during China’s Warring States Period, a general named Wu wrote a short and now widely read treatise on how to win a big fight. The highest excellence, he said, is the “sheathed sword,” achieving your goal without fighting.
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.
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.
(11/01/18)Michael A. Zeytoonian
Emotional due process. What is that, exactly?
Are you struggling with Co-Parenting after divorce? If you are, it is no surprise.
Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.
This is a survey request to develop and implement a two-phase data collection process in order to determine the present state of community mediation.
On September 11, 2018, Governor Jerry Brown signed in a law which will require attorneys to inform their clients of the confidentiality restrictions related to mediation.
On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable.
Would you call yourself a people-pleaser?
(9/06/18)Ronald S. Kraybill
Do you know people who get upset and insulted easily?
The main difference with family mediation is that, opposed to going through lawyers, you are encouraged to speak directly to each other.
There are many keys to reaching possible agreement. The list includes, among others, discovering not incompatible interests, soothing a hurt relationship, or finding a common enemy. Uncovering a transcending vision can accelerate and amplify the coming together of contending parties. Vision helps achieve agreement.
In our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved.
(7/02/18)Peter Adler, Nicole Brodie
Ok, we’ve got a problem: Britain has announced a new Minister of Loneliness.
The high court's opinion will resolve a split among the Circuit Courts of Appeal regarding whether a court may decide the issue of arbitrability in situations where the arbitration claim is groundless.
(6/15/18)Jan Frankel Schau
The values we share matter more than our differences.
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I write this in the aftermath of the really uplifting and wonderfully diverse conference which I had the privilege to host and chair recently in my home city, under the auspices of the International Academy of Mediators.