Facilitation Articles

Facilitation Articles


Cooperation with a Competitor

(7/21/17)Charlie Irvine

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together."

A Lovely Story That Explains How We Manage Our Feelings …

(7/21/17)Katherine Graham

Once there was a very small person who had feelings.

Why Do I Love What I Do?

(7/21/17)Joy Rosenthal

We transition from the family we were born into to the ones we create.

5 Reasons to Choose Mediation to Solve A Dispute

(7/21/17)Marcy Einhorn

If you've ever been involved in a legal dispute you know that the path to a resolution can be long and costly and that the outcome is never a sure bet. There's got to be a better way.

If Only…?

(7/14/17)Phyllis Pollack

Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?”

Ten Duel Commandments

(7/14/17)Joe Markowitz

We may think we have progressed far beyond the barbaric practice of dueling, but based on the way dueling is described in this show, it appears to function in much the same way as as our more modern systems of dispute resolution today.

Reality Testing: The Right Dose at the Right Time

(7/07/17)Bernard Morrow

No one begins a dispute thinking they might be wrong.

The ADR Imperative to Ensure Access to Justice

(7/07/17)Bruce Edwards

On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.

California Supreme Court Sets Up Showdown at U.S. Supreme Court over Arbitration Agreements

(7/06/17)Peter Huang

This article analyzes an important recent California case related to arbitration agreements and waivers.

Divorce Lawyers: 5 Little Known Things You Need To Know

(7/06/17)Vicki Shemin

There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.

When the Empty ADR Chair Is Occupied by a Litigation Funder

(6/30/17)Beth Graham

Discussion about the ethical implications of having a litigation funder support a party in arbitration or mediation.

Is It Time?

(6/30/17)Paul Rajkowski

Is it time for us to change the designation: Mediator to Accommodator?

Divine Listening and Managing Conflict

(6/23/17)Lorraine Segal

Use this perspective to look at the other person in conflict.

Michael Leathes’ New Negotiation Book - Book Review

(6/16/17)Michael Leathes

Michael Leathes has written a book on negotiation that is aimed at corporate counsel.

Mediation Scenarios

(6/16/17)Charlie Young

This article presents multiple role-plays and reframing techniques to help mediators further their training.

How Can the Presence of a Mediator INCREASE Party Self-determination?

(6/09/17)Dan Simon

When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

Embrace Failure: Get A Good Result in Mediation

(6/09/17)David Zacks

Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before.

The Effective Crisis Communicator: Prepare Like a Navy SEAL

(6/02/17)Jeff Thompson

Crisis and hostage negotiators, as well as other law enforcement personnel, continually find themselves involved in crisis situations where the pressure is placed on him or her to peacefully resolve an incident.

Paradox in Mediation: The Wall of Pin Stripes And the Power of Self-Determination

(6/02/17)Gregg Relyea

This case of the "wall of pin stripes" provides an example of the paradox of mediation.

Negotiation - Part 4

(6/01/17)Pete Desrochers

This article is the 4th in a series on Negotiation, entitled Strategic Negotiation.

Federal Ombuds Report

(5/26/17)Carole Houk, Lauren Marx

In the decades since the initial 1990 Recommendation of the Administrative Conference of the United States (ACUS or the Conference) on federal ombuds was adopted, the milieu in which government operates has, by all accounts, become more polarized, with government itself often the target of suspicion and hostility.

Reading Emotions

(5/26/17)Joe Markowitz

A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.

Chasing Dinosaurs

(5/26/17)Bruce Edwards

When I first began a career in mediation, almost thirty years ago, we often needed to convince others of the benefits of mediation.

On Being Bullied—reflections, lessons, and gratitude 8 years later

(5/22/17)Lorraine Segal

When I was in the middle of horrific, workplace experiences, I did whatever I could to protect myself from the worst effects of bullying and mobbing.

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