Certified mediator? The Sparrow and the Peacock

Image of a tree with flock of sparrows flying around

Having taught mediation skills for over thirty years and, more recently, having developed an online mediation training curriculum, it’s only natural that I stand as a zealous proponent of mediation training. It follows, then, that I am increasingly alarmed by the number of mediators entering the profession who have little or no training and even […]

A Roadmap to Build a Successful Mediation Career

Many students in our mediation training programs ask about the steps they should take to translate their professional training into a successful mediation career. While an education and a high-quality mediation training program are essential for laying the foundation of a career, they are not the ultimate indicators of a successful career in mediation. What […]

From Genocide to Reconciliation, Lessons from Rwanda

image of child's face with the Rwandan flag painted on.

Earlier this year, Rwandan President Paul Kagame spoke to the U.S. National Prayer Breakfast gathering (click to read) and attempted to answer a simple question: after a country loses a million people in a genocide, how do you repair that country? How can you break the cycle of violence, heal the psychological wounds created by a […]

A Case for Forgiveness in Mediation

Image of the word Forgiveness cut out of wood blocks

What is the Role of Forgiveness in Mediation? Forgiveness can be a powerful and transformative element in mediation and conflict resolution.  While forgiveness is not always the main goal in mediation, it can create a conducive environment for amicably resolving conflicts. The case for forgiveness in mediation stems not just from its potential to facilitate […]

How to Become a Mediator in California

Opportunities for mediators in California continue to expand. In a state of its size with a large and diverse population and a robust economy exposed to market-driven and social pressures, the number of disputes is bound to rise. And rising caseloads are straining judicial resources, causing backlogs of cases and delays for disputants in getting […]

The Cost of Conflict

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 […]

Court ADR Programs: Q&A

We received some great questions from attendees during our recent webinar with Bruce and Howard Herman (JAMS mediator and expert on court ADR programs), many of which we did not have time to address live. So we thought we’d let both Bruce and Howard weigh in on your questions in writing as an educational opportunity […]

Chasing Dinosaurs

Chasing Dinosaurs

When I first began a career in mediation, almost thirty years ago, we often needed to convince others of the benefits of mediation. In those days, it was not uncommon to encounter attorneys who were resistant to considering any alternative to trial by jury. Given our limited resources of time and money, I would remind […]

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

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 […]

A Dent in the Universe

As we approach the August 7th 2019 United Nations Convention and signing ceremony promoting international settlement agreements resulting from mediation, it is timely that we pause to reflect on the many and significant strides that have been made around the world toward promoting the use of mediation to resolve conflict. As Steve Jobs famously said, […]