What's New
Attending By Telephone (1/23/12)
Phyllis Pollack Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with success: the cases settled.
The Link Between Weather and War (1/16/12)
Christine Tsai Christine Tsai examines a new whether there is a link between weather and war. She looks at the data to see if there is a correlation between weather patterns and high conflict.
Towards Crowdsourced Online Dispute Resolution, Part 3 (1/01/12)
Jaap Van den Herik, Daniel Dimov Using crowdsourcing for solving disputes is a subject that has not been discussed in many scientific publications. However, since Crowdsourced Online Dispute Resolution (CODR) provides a cheap, fast, and democratic dispute resolution, it has a potential that needs to be explored scientifically. How should eBay solve otherwise 60 millions disputes per year? (This is a Part 3 in a 3-part series.)
The Emergence of ODR (12/19/11)
Colin Rule The Commission’s proposal represents a bold statement on the need for an accessible, well-designed and integrated system for resolving consumer disputes in the EU. If implemented successfully, it could lead to significant new dispute resolution options and other trust building mechanisms for consumers and traders and, in turn, more consumer-driven economic activity across the EU’s single market.
Teaching Conflict Management Courses: Part 1 (11/21/11)
John Wade Professor John Wade takes an honest look at themes and challenges of teaching dispute resolution courses in this 3-part series. He begins by examining the cycles of change and the worldwide themes.
The Joy of Mediating in my P.J.’s: Telephone-based Mediation (11/07/11)
Susanna Jani In today’s post our distance mediation team member, the inimitable Ronald Smith, Q.C., describes his own experiences with using the telephone to conduct family mediations. He also shares some of the interesting (and surprising!) lessons he has learned about working with this communication medium:
Conflict In The Healthcare Arena: What Physicians Can Do About It (1/31/11)
Ellen Kandell Do you and your partners frequently have difficulty working through strategic planning issues? Is there internal strife between your office manager and the lead nurse? Is the hospital committee you serve on a source of confusion and ambiguity rather than a source of professional pride?
Changing Conflict-Negative Culture (1/31/11)
John Crawley To finish my series on applying ‘nudge’ thinking to mediation and effective dispute resolution at work I want to focus on creating a more productive conflict culture in your workplaces.
Introducing the Mediate.com Case Manager (1/18/11)
Case Manager We are excited to introduce you to the Mediate.com Case Manager with full information at:
www.mediate.com/CaseManager. You can now manage your ADR practice, program, agency or court panel from any computer with web access and automatically get updates and improvements. Mediate.com has developed a cloud-based, leading edge case management system that is now available for
Charter Subscription through January 31, 2011.
New Year’s Resolution (1/03/11)
John Crawley CMP are resolving to get even better at communicating with you about dispute resolution. On that theme here are some additional ideas for how to promote mediation, continuing from December’s 2010 blog and white paper.
From Grievance To Resolution Using The Nudge Principle In Mediation (12/06/10)
John Crawley The ‘Nudge’ principle recently embodied in the Coalition Government’s Nudge Unit was first developed by Richard Thaler and Carl Sunstein. Thaler and Sunstein argue persuasively that we each have the potential to be ‘choice architects’ and evidence the effectiveness of ‘libertarian paternalism’. This involves ‘nudges’ – ‘any aspect of the choice architecture that alters people’s behaviour in a predictable way without forbidding any options… Nudges are not mandates.’
Mediate.com Announces Charter Subscription For Cloud-Based Case Management System (12/01/10)
Case Manager The future has arrived for those of you interested in a fully scalable case management system! Mediate.com has announced a Charter Subscription opportunity for the Mediate.com Case Manager through January 31, 2011. If you sign up for Mediate.com's Case Manager during this Charter period, you will save approximately 1/3 on the cost of Case Manager and receive a price guarantee for three years.
“Mediation Is A Gamble”: A Sobering Review And Critique Of Mortgage Mediation Programs (11/01/10)
Robert Benjamin Home foreclosures have reached a crisis level nationwide, significantly contributing to a tepid economic recovery. For perhaps the first time in history, mediation has been systematically employed in an innovative attempt to manage some parts of this crisis. Early reviews are, however, mixed. Gretchen Mortgenson, a well regarded business reporter for the New York Times wrote an article critical of the process as it is being done in Nevada, one of the hardest hit states. This article examines the professional and ethical issues and concerns by mediators practicing in large scale mediation programs.
Howard Gadlin: Ombudsman vs. Mediator - Video (10/25/10)
Howard Gadlin Howard Gadlin discusses the difference between a mediator's role and an ombudsman's role. Ombudsman uses mediation as a tool, but their role is to assist a group of people within an organization to identify the organization's policies and regulations that are causing internal conflict, then make recommendations.
Implementation Of Accountable Care Organizations (9/27/10)
Holly Hayes In his book, Beyond Neutrality, Bernard Mayer says, “Conflict resolution professionals are not significantly involved in the major conflicts of our times. Many conflict resolution practitioners play useful but essentially marginal roles in large-scale public conflicts… we are not involved at the center of the conflict or decision-making processes.”
Mediation Guides Are Fine But Let’s Have A Resolution Revolution (9/27/10)
John Crawley I’ve put two books about mediation in the marketplace and countless articles, and there are many passionate and evangelical advocates for mediation. But as long as grievance policies dominate the workplace dispute resolution architecture of UK workplaces mediation will remain an ‘informal’ and consequently inferior process to formal grievance settlement.
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