Facilitation Articles

Facilitation Articles


Do You Use "BATNA" Wrong?

(12/15/17)John Lande

Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.”

Mind Your Own Beeswax

(12/01/17)Cinnie Noble

As a kid, I remember using the phrase “mind your own beeswax” – instead of mind your own business – as a reaction to others who were being nosy.

Conflict Audit: How Much Is Conflict Costing Your Organization?

(12/01/17)John Ford

Finally discover how to quantify the direct and hidden Costs of Conflict.

Take Five! – How Adults Can Benefit From A Time Out

(12/01/17)Patricia Porter

The logic behind the time-out method is that if you remove the child from a fun surrounding when they do something wrong, then it will eliminate that behavior.

Anger Has Its Benefits !!

(12/01/17)Phyllis Pollack

Researchers concluded that “‘People intuitively chose to become angry… They believed they would become more effective competitors.’”

Compassion: A Route to Realism and to Detecting Impossible Possibilities

(12/01/17)Alia Ismail

Even though some would reasonably argue that compassion could make true reconciliation a possibility, what seems apparent is that compassion could at least reliably function as a detector that filters possible solutions from impossible ones.

Lessons From the ABA's Excellent Report on Mediator Techniques

(11/27/17)John Lande

The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading.

In Praise of (Good) Disagreements

(11/17/17)John Lande

As they say, if two people always agree, one of them is unnecessary.

An Overview of the New York Rules of Professional Conduct in the Context of Mediation

(11/17/17)Marcy Einhorn

In the spirit of Honest Abe, New York again celebrated Mediation Settlement Day on October 18 this year with a host of activities designed to promote mediation as a means of resolving disputes without going to court.

The Question That Brings Hamster Wheel Debates to a Standstill

(11/10/17)Tammy Lenski

Some debates, arguments, and bickering go on and on, without leading anywhere (except to more frustration).

I Apologize For Suggesting It !

(11/10/17)Phyllis Pollack

Mediations and their participants never cease to amaze me.

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

(11/10/17)Jennifer Shack

Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.

Go Back to the Future to Discover How Your Agreement Could Fail

(11/06/17)Tammy Lenski

When we’ve put in effort to solve a problem, we want our solution, decision, or agreement to have every chance at long-run success.

‘Think Like a Mediator’ Conflict Resolution Program at Rikers Island

(11/06/17)Mary Austin, Richard Brewster, Nina Martinez, Hillary Zilz

The article describes the authors’ experience teaching a six session course called “Think Like a Mediator” on conflict resolution to inmates at the women’s jail facility (the Rose M. Singer Center) at Rikers Island in New York City.

Negotiation - Part 7

(10/27/17)Pete Desrochers

Many incorrectly associate “active listening” with aggressive listening, where we constantly search for a slip up or error upon which we can pounce.

Mr. Rogers and the Power of Persuasion - Video

(10/27/17)Will Schoder

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

A Grand Theory of Personality and Environment

(10/23/17)Peter T. Coleman

Ten big ideas on peace and justice from the career of Morton Deutsch. This is article six, focusing on social innovation.

Micro-Inequities

(10/23/17)Phyllis Pollack

One of the unexpected obligations as a lecturer in law at a major university is that I must participate in harassment prevention training. One topic caught my attention although it was barely mentioned: micro-affirmations.

Difficult Conversations Deplete the Brain’s “Processing Power”

(10/13/17)Tammy Lenski

Working memory is like a mental sticky note, cognitive workspace for holding and processing information relevant to whatever we’re doing or about to do.

How Conflict Is Like Sex

(10/06/17)Peter T. Coleman

Another big idea on peace and justice from the career of Morton Deutsch.

Sunk Costs and the California Law Revision Commission

(10/06/17)Phyllis Pollack

On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402).

From Litigation to Conflict Resolution

(10/06/17)Joe Markowitz

“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.

Consumer Mediation in the European Union: A Beginner's Guide to Mediation Under Directive 2013/11/EU

(10/06/17)Mahasweta Rayan

The use of mediation in resolving consumer disputes has always been a subject of curiosity, generating much debate.

Conflict Chat: Challenges In Working In A Gig Economy - Audio

(9/29/17)Stephen Kotev, Patricia Porter

Got Conflict? Are you a worker taking on short projects or “gigs?”

Expanding The Benefits of An Apology!

(9/29/17)Phyllis Pollack

On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law.

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