The Drama of Mediation
Debra Oliver, Bathabile Mthombeni
Debra discovered mediation in 1989 and knew she had found her calling. She handles complex and eventful cases many mediators only dream of - including situations like that portrayed in Robert Redford's film, The Milagro Bean Field War. From mediating with gang membes and police offices to handling explosive divorce cases, her's is an exciting and fulfilling practice.
Green Spaces and Aggression
Many people have experienced how a walk in the woods on a beautiful Fall day can clear our minds and make us feel good. Whenever I have a problem to solve, I find that a walk on the river trail near my home helps me think more clearly and some of my best ideas seem to arise spontaneously while I am enjoying the colours, scents and sounds of the trail.
Lessons in Mediation from Nelson Mandela
In 1964, George Bizos, a young lawyer, probably saved his client and good friend Nelson Mandela’s life by persuading him to change his now famous speech at the Rivonia treason trial. This speech helped to usher in skills of peace and negotiation.
Attorneys and Negotiation Ethics: A Material Misunderstanding?
Our research suggests that a true norm of ethical negotiation behavior exists within the legal profession. This conclusion is tempered, however, with the knowledge that a large minority of our research respondents — at times approaching one-third of them — engaged in unethical and even fraudulent behavior.
Should we be celebrating the fact that Congress finally voted yesterday to allow the federal government to re-open and pay its bills? The bi-partisan agreement to re-open the government merely preserves the status quo for a short period, and leaves open the possibility of another round of brinksmanship very soon.
A Closer Look Into Separate Sessions
One of the advantages of using mediation to achieve negotiated solutions is Parties’ possibility to separately communicate with the mediator within what it is called separate sessions or caucus. This is a tool in every mediator's toolbox that they need to know when to use.
Conflict and Movements for Social Change: The Politics of Mediation and the Mediation of Politics
Internal conflicts are endemic and natural to progressive political and social movements, in part because it is difficult to agree on how to define and change highly complex, volatile and evolving social problems. As a result, over time, different definitions of the problem and perceptions about the nature of those who defend and represent it result in radically different notions about what needs to be done to change it. This article helps to clarify definitions of conflict and people's goals for resolving it.
From Hate and Harm to Aid and Advocacy
Angelo Fernando, Nick Redding
We begin our conversation on matters digital and online by looking at how Angelo’s father in particular networked socially in the world of brick and mortar, and how this shaped the author’s take on online social networking and new media.
Voice of a Pioneer: Recipes for Expanding the Pie
In 1925—two decades before “A Theory of Cooperation and Competition” (Deutsch, 1949) and five decades before “Getting to Yes” (Fisher & Ury, 1981)—Mary Parker Follett presented her model for conflict resolution in a paper called “Constructive Conflict”. In it, she introduced the concept of cooperative problem-solving between disputants that could lead to agreements that fully satisfied both parties, an approach which she called integration.
Arbitration and the Power Sector in Brazil
One of the segments of the infrastructure sectors in Brazil that have lately triggered the greatest amount of disputes are the power generation, distribution and trading sectors. In effect, there’s little disagreement in Brazil nowadays that, just as with other sectors that could also be mentioned here (such as oil and gas, sanitation, ports, etc.), in the power sector in general the arbitrators and the lawyers defending the interests of the litigants must have expertise in or at least deeper technical knowledge of the matter in controversy, namely as a result of the complex regulations that followed the introduction of the new regulatory framework for the Brazilian power sector through Law No. 10,847 and Law No. 10,848 of 15 March 2004.
Survey Shows How Mediation can be Successful
Clarks Legal LLP recently undertook a survey on workplace mediation. The survey looked at the use of mediation and what barriers there might be to the use of mediation as well as success rates and what if any further information or support might be required.
Conflict Competency in Healthcare Organizations
Ann Begler describes the interaction between mediators and healthcare organizations. She believes that both fields need each other and could be a benefit to the other field.
A New Scotland Can Be Built on Civil Discourse
Scotland is at a crossroads. As a nation, we face momentous choices. How we go about discussing them, and making them, may well determine how we work together in the future.
“Protect, Respect, Remedy”: What is the Lawyer’s Social Responsibility?
F. Peter Phillips
The current issue of IBA Global Insight (Feb/March 2013) features an excellent article by Rebecca Lowe that, on first glance, studies the defenses to liability under the Alien Tort Claims Act as presented by the U.S. Supreme Court’s consideration of Kiobel v. Royal Dutch Petroleum.
A Call for Evidence Based Standards for Mediator Quality
The use of Mediation as a primary means of resolving disputes, as practiced in the United States since the early 1970’s, has been thoroughly institutionalized as a part of civil litigation in many parts of the world. The basic thesis of this paper is that a rigorous and intellectually honest approach to understanding “how to mediate well” must be based on empirically verifiable information and not on untested assumptions or dogmatic beliefs about “what makes good mediation.”
Making a Mountain Out of a Mole-Hill
When we begin to experience irritation about something happening with another person, our thoughts and feelings sometimes go to places that are not helpful for the situation and relationship with the other person. We may not always be aware of what is exacerbating things, but before we know it our initial responses have taken twists and turns that only serve to complicate matters. As things expand in our minds and hearts, we often find ourselves more and more conflicted, confused, and upset. As things get bigger they may not even be a reasonable facsimile of what they were in the beginning.
Negotiating Happiness: Managing Peoples’ Predictably Irrational “Focusing Illusions” - Part 1
This is Part 1 of a two-part series. This first part discusses how most human beings concoct out of their 'messy' human brains, an emotional state, often labeled 'irrational,' which neuroscientists and psychologists identify as a focusing illusion of happiness. Most conflicts can be usefully understood as a collision between peoples' differing notions of happiness an often resistant to remediation by reasoned approaches. The forthcoming Part 2 will consider the 'rationally irrational' negotiation strategies and techniques necessary to manage focusing illusions.
Resolving Logistics: An Online Negotiation
Analogizing to employment litigation in which a terminated employee sues and is stuck in the past, dwelling on the old job and boss until she gets a new job and then starts putting the termination behind her, I decided that the best way to get over Argus was to get another dog. So, my husband and I went online to the English Springer Spaniel Rescue (ESRA) and started looking for dogs. We soon found “Cookie”- an adorable 2 year old female who is listed as being in Fort Collins, Colorado but is actually living in Rock Springs, Wyoming.
Ethical Intelligence in Conflict Engagement
“If I Am Not for Myself, Who Will Be? Ethical Intelligence with Yourself” Dr. Weinstein talks about “Five Rules of Engagement” for dealing with anger using ethical intelligence.
Becoming an Excellent Mediator – When Facing Opposite Choices, It’s all a Question of Balance
The excellent mediator must answer the challenges posed throughout by the participants’ behaviours and the content of the mediation, and it is the extent to which balance is achieved at every moment through the exercise of good judgement that determines effectiveness. The mediator’s focus and approach must change frequently throughout the mediation – sometimes planned and sometimes intuitive.
Recognition of International Arbitration in Ukraine in Figures
Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not-entirely arbitration-friendly jurisdiction is “promoted” because of problematic enforcement of arbitral awards in Ukraine. However, in recent years the Ukrainian legal system demonstrated significant progress in adherence to the arbitration-friendly approach.
UN Guide for Effective Mediation - Video
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With armed conflicts trending upward again and proving increasingly complex, the challenges are also mounting for mediators working to resolve them through negotiations. Newly developed guidance from the United Nations can help them to succeed, providing practical advice for navigating mediation processes effectively. This video describes the 8 UN fundamental guidelines.