Facilitation Articles
Divine Listening and Managing Conflict
Use this perspective to look at the other person in conflict.
Michael Leathes’ New Negotiation Book - Book Review
Michael Leathes has written a book on negotiation that is aimed at corporate counsel.
Mediation Scenarios
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?
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?
Is it time to revise the Model Standards for Mediators?
Embrace Failure: Get A Good Result in Mediation
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
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
This case of the "wall of pin stripes" provides an example of the paradox of mediation.
Negotiation - Part 4
This article is the 4th in a series on Negotiation, entitled Strategic Negotiation.
Federal Ombuds Report
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
A character in Guardians of the Galaxy 2 shows that it is often more important to understand emotions than rational thoughts.
Chasing Dinosaurs
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
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.
Nursing Homes May Continue to Use Arbitration Agreements
In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration.
Cooperation with a Competitor
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."
How to be Truly Helpful When Someone is Upset
When someone is upset, one familiar response is to ignore it and forge ahead. Another is to try to make them feel better with kind reassurance.
Jack and Jill Go Up a Hill… And Argued No More (Part 2!)
The tribal effect is often deliberately used to manipulate and divide people. It preys upon the “us v them” mentality.
Negotiation - Part 2
In preparing for an argument or negotiation we need to research the facts. We’ll never make the other party change his or her opinion if we don’t understand it.
DIS-agree and Commit
Sounds contradictory, I admit, but it’s an interesting concept and raises an interesting question: Do we always have to agree before taking action?
A Pop-Up Mediation: Multi-Party Dialogue Using Mediation Brexit: A Constitutional Crisis?
On the evening of Tuesday March 28th 2017, a pop-up mediation event on Brexit took place at the Grassmarket Community Centre in Edinburgh.
Mediating in the Shadow of Faith: Personal Beliefs, The BATNA Analysis, and Dealmaking
This is a fictional story based on fact, teaching an example about mediation.
3 Things that Mediation is NOT
Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you.
Can Your Beliefs About Someone Alter Their Behavior?
If you believe someone is aggressive, could they behave more aggressively with you than with others?
Bullying in the Workplace: How to Respond Effectively
This article explores the concept of bullying in the workplace and how to respond to it more effectively.
The Best Ten Minutes You'll Spend All Day
It was the breakthrough that we had been looking for. A new tool? No, it was a question that had allowed the person to reflect.