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Public Policy Mediation Articles

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Register for Free Sept. 24 Forum on Final Report of Online Mediation Task Force

(9/22/21)Jim Melamed, Forrest (Woody) Mosten

The Mediate.com Online Mediation Task Force is holding a free Forum on Friday, September 24 to review the Task Force's Final Online Mediation Report, Recommendations and Resources. Space is limited, so register early!

Mediate.com Adopts Online Mediation Practice and Ethical Standards

(9/21/21)Colin Rule, Jim Melamed

One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, Mediate.com has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation effective January 1. 2022.

Conflict in the Workplace – Mediation Can Make Your Team More Efficient

(9/17/21)Naveed Khan

Conflict in the workplace is inevitable when people with different values and opinions come together.

The Limits of Mediation

(9/13/21)Kenneth Cloke

It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.

Negotiation Tactics: How They Work and How to Protect Yourself and Your Client from Them

(9/13/21)Antoinette Raheem

Why talk about negotiation tactics, manipulative moves designed to slant an outcome in one side’s favor more than the other, based on “tricks” or gamesmanship versus merit?

The Civil Rights Act of 1964: The Right to Bilingual Mediation

(9/08/21)Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Vulnerability for the WIN!

(8/27/21)Lydia Ray

Vulnerability as quoted from THE vulnerability researcher Brene Brown “is not winning or losing, it’s having the courage to show up even when you can’t control the outcome”. 

Mediator Ethics: Should You Ask for a Waiver of Liability?

(8/24/21)Bill Quatman

I read a Mediation Agreement that struck me as odd, perhaps unenforceable, maybe even unethical

‘Understanding’ Mediator Gary Friedman on His Adventure in Politics

(8/20/21)Mylene Chan

Earlier this month, Gary Friedman, co-founder of the Center for Understanding in Conflict, of Santa Rosa, Calif., conducted a video breakfast roundtable titled “Inside Out: Confessions of a Mediator in Politics.”

ADA Mediation Refresher

(8/19/21)Judith Cohen

I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.

Paths Forward for Online Mediation - Index of Resources

(8/17/21)Clare Fowler, Colin Rule

This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

(8/16/21)Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

Paths Forward for Online Mediation - 8 Primary Recommendations

(8/15/21)Jim Melamed, Forrest (Woody) Mosten

In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:

Mediation Advocacy: A must for law students in India

(8/13/21)Shantha Chellappa

“Advocacy is a conscious act of support, expressed by speaking or writing on behalf of another person, an idea, a cause or a policy.”

Seeing the Future by Knowing the Past

(8/11/21)Michael Lang

As we gradually emerge from the dark cloud of the pandemic, conversations among mediators have shifted and we are now wondering whether we want to return to in person mediation, whether we will try a hybrid approach or whether we will continue to virtual mediation.

Vividness Bias: Real or Illusory?

(8/09/21)Phyllis Pollack

Harvard’s PONS defined vividness bias as “…the tendency to overweight the vivid and prestigious attributes of a decision, such as a salary or an employer’s status, and underweight less impressive issues, such as location or rapport with colleagues.”

Mediation in Russia

(8/09/21)Lara Traum

While a population that distrusts organized government and veers towards private handlings of delicate matters might seem perfectly primed to welcome mediation into its dispute resolution culture, Russian intelligencia first brought mediation to the forefront of legislative consideration in the 21st century, with legislation authorizing the use of mediation in Russia only being passed in 2011.  

Effective Online Mediation Training For Public Policy And Large Group Mediators

(8/05/21)Donna Silverberg

At the request of Mediate.com, a small group of US-based public policy and large group mediators/mediation trainers met online during the winter/spring of 2021 to consider best practices and ideas to enhance online training and practice. This report summarizes our ideas and recommendations for ourselves, our colleagues and Mediate.com.

Virtual Interpersonal Community Mediation: NAFCM Think Tank Report

(8/01/21)NAFCM

In November 2020, Mediate.com approached D.G. Mawn of the National Association for Community Mediation (NAFCM) to facilitate a national think tank regarding possible support Mediate.com may wish to consider which would strengthen and broaden the impact of community mediation through on-line access. The exact charge was: Develop best-practice recommendations for Mediate.com regarding their online services so they best support the field of community mediation to embrace and offer online mediation services and utilize and benefit from basic and ongoing online mediation training.

Use This Tool to Talk About COVID19

(7/30/21)Ronald S. Kraybill

With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.

Implicit Bias is Everywhere!

(7/30/21)Phyllis Pollack

Recently, I discussed an empirical study conducted by University of Hawaii Professor Justin D. Levinson and Mark Bennett, U. S. District Judge (ret.) on 239 sitting federal and state judges regarding their implicit bias towards “largely favored minority groups”.

ADR is Not a Household Term

(7/30/21)Beth Graham

This Article confirms what many dispute resolution professionals have long feared – that alternative dispute resolution (ADR) processes, such as mediation and arbitration, are still not well understood by the general public.

A Conversation About Whiteness and Mediation

(7/30/21)Jen Reynolds

FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?.”

Fight, Flight, or Freeze....Conflict Responses are Very Personal

(7/30/21)Kathleen Kauth

How do you respond to conflict? It is very personal, and is based on millions of experiences that have shaped each person.

UNCITRAL Completes a New Mediation Framework, Based on the Singapore Convention

(7/30/21)Mylene Chan

Earlier this month, the United Nations Commission on International Trade Law adopted the UNCITRAL Mediation Rules, the UNCITRAL Notes on Mediation, and the Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation.

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