Conflict Systems Section
Conflict Systems Articles
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.
Mediating Employment Disputes: Between a Clock and a Hard Case
The COVID-19 pandemic has forced companies across all industries and around the globe to recognize that there are differences in how their employees live and thrive.
Bringing Decision Science into Online Dispute Resolution: The NextLevelMediation Platform
One of the biggest challenges we face as dispute resolvers is helping our parties understand the choices they face in a given dispute, and the direct impact of each choice on the possible resolutions they can achieve.
Structuring Dispute Resolution Clauses in International Contracts
In international contracts, cultural differences and working styles are most often the potential aspects of disputes.
Conflict Intelligence (Conflict-IQ™): A Tool for Assessing Your Conflict Resolution Skills
Conflict Resolution is more than a soft skill – it is a deliberate and conscious effort that encompasses a bit of understanding about psychology, humanity, anthropology, and sociology.
Four Tips from my Difficult Discussion with Dad about Driving
Difficult Discussions are labeled difficult because they are filled with emotion and make us uncomfortable. These tips can help you show up as your best self.
Letter to our Colleagues about the Russian Invasion of Ukraine
Like many mediators and other conflict professionals we share the desire to weigh in on the invasion of Ukraine and its devastating consequences for the Ukrainian people.
Critical Analysis of the Mediation Bill (The Other Side)
Well, we hear a lot about Mediation now a days. This is primarily for reasons emanating from the business environment which are in a way forcing the Government to do something real and fast in this space.
Mediate.com Offers New Family Dispute Resolution Training!
Mediate.com has launched a revolutionary new Family Dispute Resolution Training. This article discusses the factors that led to the making of this new training, including accelerated practice, acceptance of online learning, advances in technology, supporting ownership, and appreciating diversity.
Mediation as Theater and Negotiation as Performance Art
Conflict arises out of the collision of passionate beliefs; thinking dispassionately hinders rather than helps to manage the conflict.
JAMS Recognizes and Celebrates Black History Month
As 2022 is well underway and we enter the third year of a global pandemic, economic uncertainty and the seemingly never-ending drumbeat of difficult news, it’s fitting that this year’s theme for Black History Month is related to health and wellness.
ODR – From Dial-up to Fiber
The world continues to change rapidly, and most of us race to keep pace with technological advances.
Exploring Agreement - Readiness for Divorce Mediation
This article describes a private reflective exercise that may be helpful in assessing your current state of readiness to mediate your divorce.
Eviction Mediation Q&A w/ Christina Wright
This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation.
Better Reflecting Mediation to the World
While mediators often assist in the creation of near miracles behind closed doors, our miraculous work and effective approaches are still not well-understood by general society. Might a more effective way of "reaching the masses" be to take advantage of "MEDIATION ART," be that in our physical and virtual offices, on our websites, and, perhaps in time, at bus stops and on highway billboards?
The Pendulum Has Swung
So, what does it mean to the recalcitrant lawyer when it comes to ODR resistance?
Mediate.com Great Reads Book Club - Richard Moore, interviewed by Colm Brannigan
Another episode of Mediate.com's Great Reads Book Club: Richard Moore talking about his book "A REALISTC Framework for Enhancing Communication Relationship-building & De-escalation Skills," hosted by Colm Brannigan.
Personal Histories in Conflict Resolution Interview Series: Ian Macduff
Professor Ian Macduff's interview as part of the Personal Histories in Conflict Resolution interview series offered by Mediate.com.
Mixed Mode Dispute Resolution Papers Featured at Fordham Conference
This panel had many highlights, including FOI Tom Stipanowich, who coined the term mixed-mode and who now refers to it as “lane-changing.”
Fundamental Attribution Error as a Contribution in Motor Vehicle Accidents
In our time pressured society in North America, most people feel that they are on a treadmill running as quickly as they can to keep up with the demands placed on them.
Moving from Elder Frustration to Family Redemption: Book Review
Provide insight about the developmental phase of elders, for the purpose of closing the communication gap and improving outcomes. Mediators can play a unique role by translating insights about elders’ developmental stage into actionable outcomes for everyone.
Mediate.com Great Reads Book Club - Dispute Systems Design with Janet Martinez and Lisa Amsler
Recording of Mediate.com's Great Reads Book Club with Prof. Janet Martinez and Prof. Lisa Amsler talking about their book (written with Stephanie Smith) Dispute Systems Design, hosted by Howard Gadlin.
Double Hatting In Dispute Resolution
The term ‘double hatting’ does denote the wearing of two hats by a person signifying that the same person who is appointed as mediator is also agreed to perform the role of an arbitrator in case mediation process fails to help settle the dispute in succession.
How Can We Evolve From Our Unresolved Conflicts?
I see many examples of people struggling to get beyond everyday gridlock. Still, in Hawaii, we seem stuck in a stewpot of persistent, unresolved, larger political, economic and cultural conflicts.
Tips to Navigate Conflict in the World of Social Media
An ADR Expert’s View on Finding the Right Approach.