I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.
It struck me that as we start 2021, perhaps it is a good time to “turn over a new leaf” by apologizing for our acts and/or omissions and forgiving others for their acts/omissions committed in 2020.
Are kindness and conversation still possible? What about the many other people who share a perspective with those folks and are not themselves violent?
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
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.
Collaboration is an emerging platform for economic success in law.
When we feel emotional about a conflict – hurt, anger, betrayal, disappointment, and so on – it is a clear sign that something important to us is being challenged or threatened or undermined.
In this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding.
Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.
(1/14/21)Veronique Fraser, Barney Jordaan, Michael Leathes
I am sitting in a room, negotiating a sale, and I’m thinking: Which is likely to be more favorable to me: put a figure on the table, or insist the Other does so first?
Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.
Never have we been more needed, and never have we needed to be more flexible.
Many times in tense situations there is a strong desire to minimize the conflict.
The difference in opinions, beliefs, views, values, and desires, plus the need to establish supremacy of one over the others often causes conflicts to arise in different situations.
(1/08/21)Anwar Kashif Mumtaz
When you hear about the word landscape of dispute resolution, the first thing that comes to the mind of the people is litigation before a court of competent jurisdiction. However, the parties need to be made aware that the landscape of dispute resolution is wider. It includes along with litigation, arbitration and mediation.
“Never let a good crisis go to waste” – Alistair McIntosh
A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.
(1/05/21)Keshia Osbourne, Bruce Ally
After spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world.
This article is prompted by my conversation with a really good, experienced colleague who is revising his mediation course.
This post discusses interesting ramifications of personalities, such as two individuals who are each “disagreeable” tend to get along the best.
Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.
(1/04/21)F. Peter Phillips
As a consequence of the absence of uniform adoption of the Uniform Mediation Act, the confidentiality of mediation communications in various jurisdictions often cannot be assured.
FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition
(12/28/20)Ronald S. Kraybill
I teach Conflict Resolution. Why do I love Guns?
Click here for MORE ARTICLES
When two people are tasked to complete a project together, they may not always agree on how to get it done.