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Arbitration & Mediation

Online Guide to Mediation

News, information, and commentary on mediation and the conflict resolution field.

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Last Entry: July 09, 2010 at 16:53:53

Optical illusions as a training tool for mastering negotiation and conflict resolution skills

Posted on December 04, 2007
As a trainer of negotiation and conflict resolution skills, I love using optical illusions to demonstrate the fallibility of our perception. They alert us that our senses can be unreliable and susceptible to influence. And they remind us that it is always possible to see things differently...

Divinely inspired Blawg Review #137

Posted on December 04, 2007
This week's Blawg Review, the weekly review of the best in legal blogging, is hosted by Colin Samuels at Infamy or Praise. Blawg Review #137 draws poetic inspiration from The Divine Comedy's third cantica, Paradiso. This edition of Blawg Review is Colin's third...

In weighing the Uniform Mediation Act, Massachusetts mediators may be poised to repeat mistakes of the past

Posted on November 27, 2007
In April 2006, I reported that the Boston Bar Association proposed an amendment to the Massachusetts mediation confidentiality statute, Mass. Gen. Law. ch. 233, s. 23C. That statute protects from disclosure in a judicial or administrative proceeding "[a]ny communication made in the course of and relating to the subject matter of any mediation and which is made in the presence of such mediator by any participant, mediator or other person...

Lawyers, Pakistan and democracy: is it time for a Nobel Prize in law?

Posted on November 16, 2007
I remain haunted by last week's images of lawyers protesting in the streets of Lahore. Their defiant response to Musharraf's declaration of martial law reminds us of how integral the rule of law is to a functioning democracy.How might we honor law's place in delivering justice and safeguarding human rights? How can we recognize the importance of law and its institutions?Garrett Epps, writing for The Nation, proposes that "We Need a Nobel Prize in Law"...

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Online Guide to Mediation Link Round-up | November 16, 2007

Posted on November 16, 2007
Some good stuff on the web to round out the week:Language Log posts a cartoon on communication by omission about all the unspoken messages family members convey to each during the stress of the holidays (particularly mothers and their adult children), as well as a meditation on the use of diplomatic language to settle disputes in "The moral of losing your pants, your suit, and your job"...

Latest podcast from Harvard PON covers negotiation lessons from baseball's free agents

Posted on November 15, 2007
Red Sox fans like myself, while still basking in the afterglow of our team's recent World Series triumph, are grieving that baseball season has at last come to an end.But I can take comfort in the latest edition of PONCAST, which brings together two of my favorite topics, negotiation and baseball, in its latest podcast, "Negotiation Lessons from Baseball's Free Agents"...

Don't neglect emotions in negotiation and mediation

Posted on November 15, 2007
I often hear critics of mediation dismiss it as "touchy-feely".Yet as the results of one recent poll conclude, half of commercial disputes "get personal" as hearts win out over minds in business-related conflict. This suggests that it may be neither possible nor prudent to ignore the emotions that conflict triggers when it comes to successfully resolving disputes...

Myth or fact: Are attorneys the best divorce mediators?

Posted on November 15, 2007
While checking my daily Google alerts, I came across a press release from the PRWeb Newswire captioned, "Divorce Mediation: Myths & Facts, Internet Radio Talk Show, audience grows more than 221% in first 10 months and receives endorsement by the Association of Attorney-Mediators"...

Marathon edition of Blawg Review a winner

Posted on November 15, 2007
Runners and running have inspired poetry and literature, art and film.This week it serves as the inspiration for the magnificently marathon-themed Blawg Review #134, hosted by Eric Turkewitz at New York Personal Injury Law Blog.Blawg Review is the weekly review of the best in legal blogging hosted each week by a different blogger...

Against All Odds: online game builds awareness of refugees' plight

Posted on November 11, 2007
Conflict and persecution produce tragedy unimaginable to those of us who reside far from lands where gunfire sounds or where human rights are threatened.To raise awareness of the plight of the world's refugees -- the thousands who have fled their homes to seek asylum -- the Office of the United Nations High Commissioner for Refugees (UNHCR) has created Against All Odds, an online game that seeks to build understanding of the grim realities that face the 1 out of every 300 people world-wide who are refugees today...

11 November 2007

Posted on November 11, 2007

How to turn a simple misunderstanding into all-out war: a mediator's advice

Posted on November 11, 2007
If public opinion is anything to go by, conflict resolution is for sissies. If that's the case, then maybe it's time to give the public what it really wants: advice on how to escalate conflict.I therefore offer 5 steps guaranteed to transform any molehill into a mountain:1...