Diversity Articles
[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment
JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.
ADR’S Place in Navigating a Polarized Era
Analyzing ADR can be like wrestling an octopus.
Start with the Small Rocks
In Stephen Covey's book "First Things First" he talks about looking at a jar as the amount of time and energy you have, and a pile of rocks as your tasks.
Five Principles to Maximize Chances of Success in Mediation
As a current mediator who has for years also been litigation counsel representing clients in mediation, I have noticed that there may sometimes be a disconnect between what mediators and litigators each expect from mediation and from each other.
The Opportunity of Rejection
Fear of rejection can inhibit ones possibilities to reach full potential in life and in the mediation room. Based on an experiment of actively seeking rejection, what can a mediator learn from the connection between conflict and rejection?
Dealing with VIP Privilege in Mediation
Working with egos and emotions is considered an obvious task for a Mediator and this responsibility is heightened when the parties involved are high profile individuals or global brands.
Book Review - Evolution of a Field: Personal Histories in Conflict Resolution
The new book "Evolution of a Field: Personal Histories in Conflict Resolution" is now available. It collects personal histories from 23 experienced mediators, chronicling the paths they took to arrive at their work resolving disputes.
Mediate.com Instructor Discusses Implicit Bias: We All Have It
Nina Meierding discusses her training on implicit bias, and what we can do to become "bias aware."
How Can We Best Make and Maintain Quality Mediators?
Under the leadership of Forrest (Woody) Mosten, Mediate.com's Online Mediation Training Task Force is tackling a huge issue: "How can the mediation field now and in the future best make and maintain quality mediators?
Recognizing Trauma: Litigation and Politics are Harming Us
I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatized by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value.
Start 2021 with Apology and Forgiveness!
It struck me that as we start 2021, perhaps it is a good time to “turn over a new leaf” by apologizing for our acts and/or omissions and forgiving others for their acts/omissions committed in 2020.
Conversation, Kindness, and Democracy
Are kindness and conversation still possible? What about the many other people who share a perspective with those folks and are not themselves violent?
The Vanishing Jury Trial and Other Important Lessons for Mediators
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
Non-Directive Empathic Listening
In this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding.
The End Game
Deciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference.
When the Cure is Worse Than the Disease: Civil liberties Under Attack
As COVID concerns spread, conditioning from the media and celebrities talking about how everyone needed to comply with random, and often contradictory orders began to make the rounds of TV and social media.
Is My Bias Showing?
In his recent book, Online Courts and The Future of Justice, author Richard Susskind posits, “…litigants do not really want courts, judges, lawyers, rules of procedure, and the rest. More likely, they want not to have a problem at all."
Reflections on the last 525,600 minutes!
This article looks at: What three things have I learned in the last 525,600 minutes?
How Simple Mediation Skills Can Bring Peace After The Election
Regardless of who you supported during the 2020 election, it’s inevitable that you’ll hear, see, or experience the increased emotionality brought about by our current political climate, especially during the holiday season.
Navigating Cybersecurity in ADR
Cybersecurity is the protection of internet-connected systems like hardware, software and data from cyber-threats and unauthorized access that can be designed to access, delete, or extort a user’s sensitive and personal data.
The 2020 Elections, Mediation, and the Political Divide -- What Next?
Biden and Harris won the election, but what exactly did they win? What was lost in the process? And, as mediators and citizens, what do we do next?
Concepts that Can Help Practitioners Help Parties Make Decisions in Disputes
My main premise is that our dispute resolution community fundamentally is about helping people make decisions about processes, procedures, and issues in managing their conflicts.
The Importance of Flexibility, Creativity, and Being Prepared!
Recently, I conducted two mediations that revealed the importance of flexibility, creativity, and being prepared.
Entrenched Views Make Resolution Tricky
The word Entrenched calls to mind war zones with soldiers dug into trenches to protect themselves and still be able to fire upon the enemy.
Healing and Civility – What Mediation can Teach Us About Bridging Social Divides
Even after the election results are finalized and the new President inaugurated, one thing will remain unresolved – the deep divide within the nation that the campaigns for the presidency confirmed.
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