Facilitation Articles

Facilitation Articles


Recognizing The Signs Of A Conflict Storm

(4/20/18)

By paying attention to the early signs of conflict, you become more aware of a potentially slow-growing storm.

Does Your Practice Include Church and Synagogue Mediation?

(4/20/18)Laurie Israel

Within the church or synagogue setting, mediation can be very useful if individuals or groups are having disputes or differences of opinion.

Over Confidence Can Kill!

(4/20/18)Phyllis Pollack

While typically we discuss the over confidence bias in the context of negotiations, trials and other non-life-threatening events, this bias applies to all situations.

Want to Know the “Secret” to Managing Confrontational and Aggressive Behaviors?

(4/20/18)Kevin Stapley

In this article, you will learn two key methods that experienced de-escalators use to maintain control of these high risk, high emotion situations, and guide the agitated person back into a calmer state of mind.

Neutral Analysis: A Powerful and Effective Tool

(4/20/18)Clarence Pozza

In a wide range of disputes, counsel and their clients have increasingly turned to neutral analysis and evaluation.

Optimizing the Use of Joint Sessions in Mediation

(4/13/18)John Sturrock

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving.

Start Protecting The Public Before Raising State Bar Fees

(4/13/18)Mark Baer

The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.

If You Are Not Willing to Do the Unusual, You Will Have to Settle for the Ordinary

(4/13/18)Claudia Winkler

I combined a recent mediation training with the following schedule: Eat, sleep, snorkel, repeat.

Restorative Practices in Juvenile Criminal Proceedings

(4/13/18)Maria Paola Felibert, Maria Eugenia Sole

This article moves from theory to practice by demonstrating an approach from a real case in Latin America.

Spaces for Peace

(4/13/18)Allegra Chen-Carrel

It is referred to as the Dead Zone, the Green Line or No-Man’s Land.

What I Learned About Conflict From Cheetahs

(4/05/18)Cinnie Noble

The dwindling of the cheetah population is due to the conflict between them and men.

Social Media-tion: A Bridge for Young Mediators to Enter--and Re-Define--The Profession?

(4/05/18)Gregg Relyea

For years, a gap has existed between mediation training of young students and entry into the field as professional mediators.

A Modest Proposal to Mitigate Sexual Harassment and Misconduct in the Workplace

(4/05/18)Stephanie Klein

Social and news media bombard us daily with accounts of sexual harassment and misconduct by captains of industry, the arts and politics.

Settlement Ethics 101

(3/23/18)Phyllis Pollack

So… is the attorney in the Daniels/Trump case in a no-win situation here?

Strategies for Giving Feedback That People Can Hear

(3/23/18)Kathy Popaleni

More often than not, we are surprised when we get a negative reaction after having provided feedback to a peer or colleague.

Problem Solvers: New Profession

(3/22/18)Alessandra Sgubini

The results on how the collaborative approach in resolving conflicts is more successful than the adversarial is proven not only by real data provided by the two companies but also by the increasing number of the clients’ demands to resolve conflicts in an economical, faster, and cheaper ways.

Splitting America Redux: Implications for Keeping our Kids Safe

(3/16/18)Donald T. Saposnek

After 911, our lives changed seemingly forever. No longer a safe, secure, innocent society, Americans have come to a tipping point.

Mini-Grant Deadline Approaching for Community Mediation

(3/16/18)Brennan Frazier

This year’s JAMS Foundation/NAFCM funding focus is Homeless, those facing eviction and public housing.

What it Takes to be Conflict Masterful

(3/09/18)Cinnie Noble

How we define conflict mastery and the characteristics needed to be and be seen as such varies.

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

(3/09/18)F. Peter Phillips

One of the issues before the Supreme Court right nowis particularly interesting.

Small Claims Courts 2.0 - Online Dispute Resolution in Action at Franklin County Municipal Court

(3/09/18)Giuseppe Leone

For decades now, small claims courts have been offering a great service to our society. But now that most of us have a smart-phone, they can do an even better job.

Difficult Conversations in the Modern Era of (Anti-) Social Media

(3/02/18)John Lande

Recent events show that our social problems are exacerbated by a wide variety of anti-social media behaviors.

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

(3/02/18)Beth Graham

The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.

Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation

(2/27/18)Zena Zumeta

Many clients and attorneys are confused about what mediation is and is not, and are not sure what they will get if they go to mediation.

Letting Conflict Define Us

(2/22/18)Cinnie Noble

There are times we get so caught up in a dispute that we become defined by it.

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