Blog

The color of conflict?

Black on blue. Blue on black. Blue on red. Red on blue. No, it’s not opening night at a museum of modern art, it’s a colorful reminder of how deeply divided our nation has become. Less than three weeks’ post-election, this country remains characterized by increased rhetoric, public demonstrations and incidents of intolerance and hate….

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What Role Should Technology Play in Mediation?

Much has been written about the growing impact of technology in society, so it’s only appropriate that we consider the role of technology in mediation. It’s no longer a question of should we let technology in the door – it’s already there. The better question now is, “What is the legitimate role of the ‘fourth…

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Using a Hybrid Mediation/Arbitration Approach – Its Benefits and Risks

I read with great interest the Harvard Law School Program on Negotiation (PON) article this past month concerning the “hybrid tool” of mediation/arbitration, or “med/arb,” as it is often referred to. The article suggested that med/arb is becoming increasingly popular as an approach to dispute resolution. Med/arb has been around for as long as there…

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It’s Time for Collective Reflection

I read with interest the recent article written by my friend and colleague Tom Stipanowich, The International Evolution of Mediation: A Call For Dialogue and Deliberation. In his article, Tom does a most credible job identifying divergent mediation perceptions and practices while also promoting the need for “collective reflection, dialogue and discernment” regarding recent trends….

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Mediation Competency – Giving Vitamins Instead of Aspirin

No brand reflects higher quality education than Stanford University. No region connotes innovation more than Silicon Valley. Perhaps it was fitting that when Dr. Mark Welton, Chief of Staff, Stanford Health Care, was in search of conflict resolution training, he chose to introduce a pilot project to teach mediation and leadership competency to the heads…

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The Cost of Conflict

I read with interest Angela Bilbow’s article, Mediation: The Unsung Hero (link below) and think it important to comment on the countervailing themes of international developments favoring commercial mediation and the perceived underutilization of mediation as a dispute resolution option. Having taught recently in Turkey with one of the Brick Court Chambers symposium members, John Sturrock…

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Expanding the Reach of Mediation

Mediation and its common sense approach to dispute resolution have reshaped how we approach conflict. Legal professionals throughout the world agree that skilled mediators provide an invaluable service. Yet, their niche in the current legal landscape represents a small fraction of litigation marketplace. Most mediators are unaware that the annual gross revenue of this country’s…

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Hope and Inspiration in the Land of the Aztecs

This past week I was invited by my friend and colleague, Fernando Navarro, a former Weinstein International Fellow, to Mexico City to teach and lecture to mediators, attorneys and law students. The topic? How to advance the culture of commercial mediation in their legal environment. My first presentation was an early morning lecture to ANADE,…

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Translating the American Experience

Following my recent post on teaching mediation skills in Austria, I received a number of similar responses, the central theme of which questions how I can translate the American mediation experience into a different cultural paradigm. The answer to this question begins with an understanding of the mediators mind and the concept that whether in…

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Taking Mediation Skills to Vienna

On a hilltop outside of Vienna, overlooking the meandering Danube River, I began a week of training mediation and negotiation skills to business professionals and practicing mediators. The group was participating in a year-long curriculum involving mediation and leadership competency training and I was the instructor charged with bringing the “American experience” to the conversation….

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