Conflict Systems Articles
(9/14/21)Jim Melamed, Forrest (Woody) Mosten
The Mediate.com Online Mediation Task Force is holding a free Forum on Friday, September 24 to review the Task Force's Final Online Mediation Report, Recommendations and Resources. Space is limited, so register early!
India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020. As part of the reforms to the justice system to better manage the backlog there has been a concerted push to ADR processes.
Lonnie and Chris got married right out of college.¹ They had a lot of ups and downs, and over time, they grew apart. After 20 years, they decided to divorce.
While a population that distrusts organized government and veers towards private handlings of delicate matters might seem perfectly primed to welcome mediation into its dispute resolution culture, Russian intelligencia first brought mediation to the forefront of legislative consideration in the 21st century, with legislation authorizing the use of mediation in Russia only being passed in 2011.
At the request of Mediate.com, a small group of US-based public policy and large group mediators/mediation trainers met online during the winter/spring of 2021 to consider best practices and ideas to enhance online training and practice. This report summarizes our ideas and recommendations for ourselves, our colleagues and Mediate.com.
This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public.
A successful leader will be able to strategically provide information to staff to help them fill in the blanks about changes occurring in the business world.
Many have come to appreciate, even love, the ease, convenience, flexibility, time and cost savings associated with meetings, hearings, mediations, arbitrations and conferences conducted via video conferencing technologies such as Zoom, Teams and others.
We know a toxic culture in the workplace is bad for morale, engagement, and performance. New research evidence suggests the human costs can be far more serious.
(6/27/21)Lydia Ray, Jonathan Rodrigues
Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension may call on a mediator – and after all this giving, who does the Mediator call on in times of need?
I was puzzled to get an email from a mediator thanking me for my recent post, which advocated using a unified conceptual framework of unbundled mediation interventions.
(6/18/21)Jen Schimbeno, Brandyn Roark Caires
The ACE’s (Adverse Childhood Experiences) ACE’s study, is one of the largest studies about traumatic events in the lives of children ages 0-17. This study identifies three types of risk factors for trauma in children: abuse, neglect and household dysfunction.
As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.
Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion.
This post provides an overview of some findings from an empirical study on online mediation. Nearly 500 mediators from around the world answered questions about advantages, obstacles, best practices, and settlement rates. The post provides an overview and analysis of English-language responses.
As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer.
It’s clear that COVID-19 has catapulted Online Dispute Resolution (ODR) into the spotlight. In this universally stressful year, there is great promise for online mediation.
Have you ever thought about how different things would be if high level conflict resolution professionals were more involved in politics?
The Harvard Program on Negotiation published an article worth discussing on April 19, 2021 on “The Mediation Process and Dispute Resolution”.
(4/23/21)Celeida Maria Celentano Laporta
In view of this article’s theme, which concerns the management of labor conflicts, we will focus in particular on the legal institute of mediation and its effectiveness.
(4/19/21)Jim Melamed, Forrest (Woody) Mosten
How do we best support the growth of mediation around the world? This Forum shared the perspectives of panelists from Nigeria, Argentina, Russia and India who compared and contrasted their experiences with online mediation and online training in developing mediation cultures.
This article identifies four approaches to environmental policy-making or problem-solving.
(4/16/21)Saasha Malpani, Chakrapani Misra
Mediation, in general, is a more informal and less widely used procedure than arbitration.
A guide on best practices related to the collection and use mobile evidence and the software options available best suited to assist.
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In preparation for the next international meeting on climate change in Glasgow in November 2021, it is important to begin thinking together, not only about outcomes, but ways of improving the process of meeting, discussing, and negotiating agreements on climate change.