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 […]
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 […]
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. […]
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 […]
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 […]
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, […]
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 […]
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. […]
Hear about mediation in post-genocide Rwanda
As written by Emily Gould, co-director of the African Peace Partners: Construction on the Ihumure Peace Center in Rwanda will begin in August thanks to a kick off grant from the Edwards Mediation Academy. The Center is a first of its kind in that it integrates trauma recovery, dispute resolution and cooperative economic self – […]
Avoidable Communication Blunders in Mediation Advocacy
Every professional mediator I know has experienced the challenge of difficult communication in mediation. Yet, doesn’t that lie at the heart of what we do? Attorneys come from all walks of life, and communication styles reflect those backgrounds. In an attempt to improve upon communication in mediation, I’ve identified a few problem communicators: The novice […]