By:
On:
In: Articles

A sample of over 3,000 phrases for negotiators, mediators, and judges, on more than 400 topics in the book from Prof. John Barkai Principle of the thing – I won’t settle What principle is that exactly? Do you have any higher principles? How much flexibility does that principle have? Quotations on conflict You’ve got to hang the meat low enough to get the dog to jump for it. Opportunity may knock, but it seldom nags. Concession – ask for one Can you do better than that? We’re going to need something more than that. Concession – don’t use the word “concession – Some people equate “concession”Read More →

By:
On:
In: Access To Justice

I’ve been working my way through research notes for my upcoming book and today came across these excerpts on the mediator’s job from Winslade and Monk’s 2000 classic, Narrative Mediation. If you’re a mediator and you haven’t read it, you ought to. They have several worthy sequels, too. “If mediation is about creating new meanings in a dispute where existing meanings have become stale or stuck, then deconstructive listening and deconstructive questioning are useful tools in this creative task…The mediator’s task is to unpack the suitcase and take out the pieces and hold them up for view by the parties. This unpacking involving adopting aRead More →

By:
On:
In: Articles

A common question asked after our presentations on online dispute resolution (ODR) is: “when can we expect the arrival of robot arbitrators?” Even if we had focused our time during the presentation on topics like effective online hearing rooms or document management systems, the audience inevitably makes the leap to the irresistible topic of robot arbitrators. It’s not that we aren’t sympathetic; the excitement of the next breakthrough invention is often more compelling than the mundane (but essential) questions we consider in our work about ethical issues and ordering discovery in online arbitration (what Amy has termed “OArb”). But this has happened more times than weRead More →

By:
On:
In: Access To Justice, Articles

Editorial Note: Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. Here is the Table of Contents. The Seven Keys are: Leadership, Data, Education, Profession, Technology, Government and Usage, each with supportive articles and videos, contributed by some 40 leading authors around the world. The Seven Keys articles recognize mediation’s extraordinary versatility: a) resolving disputes, b) deal making, c) managing interpersonal disputes in families and communities, e) designing systems for schools and the workplace, f) peace-making between groups, g) and nationalRead More →

By:
On:
In: Articles

  Mediation has a way of resolving disputes is as old as the human kind. Kenya has about 42 tribes.  Each has its own way of resolving disputes. Given this large number of tribes, there are obviously a lot of tribal interactions, alliances, marriages, trade, and conflicts.  Some of these disputes are resolved through local tribunals, council of elders, chiefs, or local mediators. Despite these differences, there is the universal underlying need for reconciliation, peaceful coexistence, trade and free flow of goods and services, among others. Kenya’s population is about 54 million people.  Those below 35 years are 65%. This young population easily adapts toRead More →

By:
On:
In: Articles

When the Apple II was released in 1977, it was among the first computers marketed and mass-produced for businesses and individuals alike. Apple would later adopt the slogan “The computer for the rest of us,” hinting at its technology’s broad appeal among a nonexpert consumer base. It is fitting, then, that as a grade school student in 1980, Colin Rule first dabbled in the world of online dispute resolution (ODR) by running a bulletin board out of his bedroom in North Texas with the help of his Apple II Plus At that time, bulletin board systems were digital networks for exchanging messages and files viaRead More →

By:
On:
In: Articles

With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). In the past, a mediator and the parties could physically sit in the same jurisdiction, often where a court case was pending, and everyone knew or understood what laws, standards, and ethical considerations applied to the structure and process of the mediation. However, with each individual in a remote mediation process potentially located in a different jurisdiction, the lines have been blurred. This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictionalRead More →

By:
On:
In: Articles

Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. Here is the Table of Contents. The Seven Keys are: Leadership, Data, Education, Profession, Technology, Government and Usage, each with supportive articles and videos, contributed by some 40 leading authors around the world. The Seven Keys articles recognize mediation’s extraordinary versatility: a) resolving disputes, b) deal making, c) managing interpersonal disputes in families and communities, e) designing systems for schools and the workplace, f) peace-making between groups, g) and national public policyRead More →

By:
On:
In: Access To Justice, Articles

For those disputants who have found that there is no pertinent binding or legal remedy to their problems or where direct negotiations have failed when a party wants to punish another, they may feel that they are at an impasse with no direction.  Some parties may even desire to send a message to the public, an industry or individual. Where a legal injunction is required to prevent an ongoing or future harm, they may want to seek something quicker than litigation, thereby decreasing pressure on the both parties.  They can have options.  They can choose the system that suits their needs; after all, it’s aboutRead More →

By:
On:
In: Articles

The world continues to change rapidly, and most of us race to keep pace with technological advances. While some would prefer the quieter days of dial-up, the high level of global disruption caused by COVID-19 continues to cause us all to adapt if we want to stay relevant as practitioners or be left behind. Not only are we bringing ourselves up to speed with current technology and all that it has to offer, but we must be proactive in these thoughts with new technology such as the Metaverse clearly on the horizon. In the dispute resolution world, necessity has been a strong driving force forRead More →