Facilitation Articles
Being Unafraid to Feel
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.
Non-Directive Empathic Listening
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.
Love’s New Mediation Data: Whither the Joint Session?
Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.
A Negotiation Innovation: An intelligent negotiation assistant
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?
10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving
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.
Pandemic Pivot - ADR Poised for Prominence During Recovery
Never have we been more needed, and never have we needed to be more flexible.
Authenticity in Conflict
Many times in tense situations there is a strong desire to minimize the conflict.
Best 10 Books About Mediation Ever Written
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.
Landscape of Dispute Resolution
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.
Egalitarian Change – Our Roles and Responsibilites
“Never let a good crisis go to waste” – Alistair McIntosh
[PODCAST] Reflecting on Nine Months of Virtual ADR
A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.
Theory vs. Reality: Where the Rubber Hits the Road
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.
Ideas for Teaching Mediation and Negotiation
This article is prompted by my conversation with a really good, experienced colleague who is revising his mediation course.
Personality Matters!
This post discusses interesting ramifications of personalities, such as two individuals who are each “disagreeable” tend to get along the best.
Collaboration is the Future
Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.
Mediation Confidentiality in Federal Court
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.
How To Screw Up a Mediation in our Brave New World
FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition
Conflict Resolution Trainer & Gun Lover
I teach Conflict Resolution. Why do I love Guns?
Resolving Cognitive Conflict in the Workplace
When two people are tasked to complete a project together, they may not always agree on how to get it done.
Is My Bias Showing?
In his recent book, Online Courts and The Future of Justice, author Richard Susskind posits, “…litigants do not really want courts, judges, lawyers, rules of procedure, and the rest. More likely, they want not to have a problem at all."
Resolving Legal Battles, One Text Message at a Time
The Franklin County Municipal Court (FCMC), located in Columbus, Ohio offers online, text-message mediation. This article highlights the data from mediations completed entirely online, by text message, in one of FCMC’s mediations programs.
Reflections on the last 525,600 minutes!
This article looks at: What three things have I learned in the last 525,600 minutes?
First Holiday Season After Divorce
Your first Christmas or other major holiday after divorce can be tough, and it will no doubt be different.
50 Questions You Can Ask Friends and Relatives in Political Arguments
Preparing for Holiday Gatherings: In the aftermath of the election, and as we head into the holidays when we will be talking with friends and relatives we may find ourselves disagreeing with, in addition to the substantive points we want to make, here are 50 questions we can ask to help make our conversations more interesting and productive.
Start with “Hello” to Manage Conflict
Recently, I did a consultation with two long-term employees who had periodic flare ups of conflict. Here are some of the suggestions I gave the owner.