Facilitation Section
Facilitation Articles
Compulsory Civil Mediation in Italy 2011 - 2021: Past, Present and (likely) Future
Mandatory civil and commercial mediation came in force in Italy in 2011. This article looks at the update ten years later, based on official statistical data on year 2021 just published by the Italian Ministry of Justice.
Are You Separate From Your Surrounding Systems?
In previous blogs, I’ve examined such inner reflections as who determines your self-worth (you or others) and how you resolve the conflict between your ego and your soul.
How Best to Resolve Conflicts in the Health Care Setting
The world of health care has changed dramatically during the past two years. It was already experiencing various pressures, and with the arrival of the COVID-19 pandemic, existing problems, like increasing costs and worker shortages, were exacerbated.
The Art of the Term Sheet
Have you ever had the experience when working on a matter with a client where you are sent, at the outset, a complete multi-page agreement by counsel of the other party? And then you see revision after revision?
Personal Transformations are Required for Corporate Transformation
I’m publishing this article to discuss the nuances of the four timeless topics for people and organizations: conflict, change, transformation, and consciousness.
Confidence in Conflict: Three Methods to Resolving Conflict Without Losing Your Cool
In coaching we often suggest clients that they “keep Amy in the backseat” when you’re in a conflict. We are referring to your Amygdala.
7 Points on the War and Dialogue from Ukrainian Mediators and Dialogue Facilitators
This document was developed by Ukrainian mediators and dialogue facilitators to convey their voice and professional opinion to major actors in the international sphere of conflict transformation.
Self-Determination in Mediation
Allowing parties to make their own choices and come to their own decisions regarding the outcome of a dispute is a fundamental tenet of court-annexed mediation.
5 Ways Custody Mediation in Ontario is Unique
One of the most popular alternative dispute resolution (ADR) processes in Ontario is mediation. Knowing these five traits unique to mediation in Ontario could help you determine whether the process is right for you.
Will You or the Conflict Be Something You'll Laugh at Some Day?
It’s somewhat counterintuitive to think and say we actually laugh at our interpersonal disputes!
Beware of Email Agreements!
The American Bar Association published a story warning us all to be careful about settling by email.
Marital Mediation: Where Are We Going?
This article addresses the need for further study to help more clearly delineate the process of Marital Mediation from Marital Therapy, and perhaps help MM become more widely known as a legitimate process and therefore utilized as a first attempt at healing the relationship.
The Avoiding Culture in Organizations
Many organizations seem to have a strong avoiding culture, which can best be investigated with a specific change in TKI instructions.
7 Tips for Parents Talking to the Kids About Divorce or Separation
This article discusses breaking the news to the kids.
Empathy In Toxic Partisan Pandemic-Based Conflicts: How Organizational Strategy Can Help Us Do Better
This article examines what the COVID impact has been on our culture--what can we learn from this to prevent conflict going forward?
Conflict - Like a Dance? Really!
“Like a dance, conflict escalation generally requires the participation of both parties.” Brian Mistler
Mediating Commercial Disputes: Understanding the Process to Maximize the Benefits
Often, parties may be hesitant to agree to mediation.
Top 5 Ways to Build a Diverse and Inclusive Company Culture
Diversity, equity and inclusion (DE&I) is a clear business differentiator, and it has never been more critical, particularly in light of the pandemic, which has brought about a mass exodus of professionals leaving their jobs.
The War in Ukraine: Lessons for Mediators
Every defeat in every war is a tragedy, not merely for the nations, factions, and citizens of countries who have died or been conquered, but for each and all of us everywhere – and not just abstractly, but as very real, very personal losses.
BATNAs and Anchors
We are all taught that before entering into any negotiation, we should give some thought to what our best alternative is if we do not settle (that is, our Best Alternative to a Negotiated Agreement or BATNA.)
The Art of the Simple in Mediation
I have no idea what I will do when I go to mediate a matter. After 30 years of practice the only thing I know is that the parties are stuck and if they have lawyers, the lawyers are stuck.
History of Decision Making and Application to Dispute Resolution
Decision-making is an integral part of conflict resolution. Any decisions taken at any level during the resolution process must consider all the conflicting needs of the individuals who are in conflict.
Reducing Litigation Costs in Noncompete Litigation: Former Employer’s Perspective (Part 1 of 2)
Tightening labor markets and high demand for key employees increase pressure on employers to enforce covenants not to compete.