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New Articles on Mediate.com
 The Best People For The Worst Places (11/17/08) Richard Barron From the end of World War II through the end of the 20th Century approximately 3.3 million people were killed in intrastate conflicts and over 16.2 million were killed in intrastate civil wars! Most people read those numbers, shake their heads, and move on to the next item. A very few people stop and decide that they must devote their lives to modify this proclivity of our species to kill each other on an incomprehensible scale for generally indefensible reasons.
 The Economic Downturn: Has Settling Cases Become an Exercise in Rearranging Deck Chairs on the Titanic (11/17/08) Elizabeth Moreno We have always been told that parties are in a settlement mode at the end of the year, around the holidays. However, now the economic downturn has replaced this yearend rush. Mediators have seen a shift which is motivated by economic concerns which is fueling the settlement of cases.
 Bumps In The Road Of Maine’s New Rule Of Evidence 514: (11/17/08) Jonathan W. Reitman For the past twenty years of my full-time ADR practice, I have confidently said to the parties in mediation something like “Nothing that you say here can be used against you, even if we don’t resolve the dispute today in mediation.”
 Leading Dispute Resolution Processes (11/11/08) Mediate.com Editor Here are brief descriptions of the most common dispute resolution processes.
Mediate.com Blog Archive for November 10, 2008 (11/10/08) This is an archive of the Mediate.com Blog for November 10, 2008.
 The Boston Chicken Problem (11/10/08) Barry Goldman Even if you have a great concept and great media buzz, even with fancy financing and even fancier accounting, somewhere underneath it all somebody has to be selling some chicken or the business model just will not work.
 Maximize Your Marketing Efforts On The “Select Few” (11/10/08) Elizabeth Ferris One of the best ways you can accelerate the growth of your practice is to focus your marketing efforts on the select few who will bring you the maximum return on your time and financial investment.
 Common Misconceptions About Cooperative Legal Practice (11/10/08) John Lande Pauline Tesler, a prominent leader of the Collaborative Practice movement,
complained about critics using a “doubting game” to unfairly criticize Collaborative
Practice.
 The Obama Presidency and the Future of the Conflict Management Business: The Mediative Leader and the Activist Mediator (11/05/08) Robert Benjamin While premature to presume, there is cause to believe, or at least to hope, based on the model of his presidential campaign that the leadership style and governance of President-Elect Barack Obama will be a boon to conflict management practice and a valuable endorsement of mediation. 5 Comments
 My Body Language, My Tone Of Voice, The Colours I'm Wearing.... They Don't Mean A Thing (11/03/08) Alan Sharland ....or why, when we treat 'non-verbal communication' such as 'body language' as if it is a science, it leads to disconnection between us.
 Not The Smartest Person In The Conference Room (11/03/08) Alex Dukhovny What attorney and non-attorney mediators can learn from history about curse of knowledge and how to overcome it. 2 Comments
Mediate.com Blog Archive for November 3, 2008 (11/03/08) This is an archive of the Mediate.com Blog for November 3, 2008.
Conflict Mediation In The Age Of Financial Cholera: Marketing Opportunities In The Midst Of Crisis (11/01/08) Robert Benjamin There should be good business available for conflict mediators in the current financial mess.
Book Review: Making MEDIATION Your Day Job: How to Market Your ADR Business Using Mediation Principles You Already Know (10/31/08) Colm Brannigan This short book is a gem. It is quite different from the other relatively recent books on marketing mediation and clearly demonstrates that you do not need hundreds of pages to provide your reader with a comprehensive overview of a topic which bedevils many in our profession. 1 Comment
 ¿Qué mediador soy yo? (10/29/08) Juan Carlos Vezzulla Metidos en la multidisciplina en que los cuestionamientos a cada ciencia surgen desde otras ciencias y los objetos de cada ciencia pasan a ser cuestionados y los parámetros tradicionales que nos daban información sobre nuestro ser profesional cayeron en la guerra de fronteras entre los paradigmas modernos y los posmodernos, ¿qué hacemos?
 A Tool for Multi-Party Insurance Litigation Mediation with "Additional Insureds" (10/27/08) Jeff Kichaven The settlement of a basic, two-party case at mediation is often hard to accomplish. When three parties are involved, the task is generally much more difficult. With multiple parties, the challenges increase exponentially.
 ZZZZZZZZ (10/27/08) Edward P. Ahrens Have you ever nodded, dozed—slept?—through a mediation? Bet at times you felt like it. Most of the mediations I have conducted have some unique and interesting quality to them. They are my inspirations for many of these little dissertations, other than this one of course.
 An Experienced Negotiator: An Interview with Chris Honeyman (10/27/08) Gini Nelson This is an interview by Gini Nelson of Christopher Honeyman. Christopher Honeyman, Managing Partner, CONVENOR Conflict Management, based in Madison, WI and Washington, DC. He has led a fifteen-year series of large-scale conflict management research and development projects funded by the Hewlett Foundation.
Mediate.com Blog Archive for October 27, 2008 (10/27/08) This is an archive of the Mediate.com Blog for October 27, 2008.
 Building Bridges Between Psychology And Conflict Resolution – Implications For Mediator Learning (10/21/08) Kenneth Cloke While it is, of course, both necessary and vital that we recognize the key differences between the professions of psychology and conflict resolution, it is more necessary and vital, especially in these times, that we recognize their essential similarities, collaborate in developing creative new techniques, and invite them to learn as much as they can from each other.
 An Unprecedented Mediation In Poland (10/20/08) Anna M. Wróbel A few days ago the Polish media were savouring the news that the court had appointed a “professional mediator” in a lawsuit between Janusz Kaczmarek, former Minister of the Interior and Administration versus Jaroslaw Kaczynski former Prime Minister, now the chairman of the political party Law and Justice (PiS). Kaczmarek sued Kaczynski (civil case on infringement of personal goods) after being called „a sleeping agent” (communist agent, I presume). Such a statement is an insult in Poland.
Mindfulness: Techniques For Achieving Clarity Of Awareness (10/20/08) Tom Matyók, Dr. Barbara Timmons-Strahl Achieving mindfulness moves mediators to higher levels of consciousness. Through self-awareness, practitioners minimize, if not eliminate, personal influences that can contribute to an unhealthy environment and prevent them from recognizing opportunities for positive change within the resolution process. Mindfulness is working in the here and now, aware of the present.
Mediate.com Blog Archive for October 20, 2008 (10/20/08) This is an archive of the Mediate.com Blog for October 20, 2008.
 Bullies At Work (10/14/08) Bill Eddy Workplace bullying is a growing international problem. It is more than a one-time incident. It is a pattern of behavior between a bully and another worker which can demoralize, isolate and trigger illness in the target of the bully. 4 Comments
 Using Creativity When Negotiating Commercial Disputes – A Challenge For Lawyers? (10/14/08) Anke Meier The article entitled “Using Creativity when Negotiating Commercial Disputes – A Challenge for Lawyers?” raises the question if and how lawyers should use creative tools when negotiating disputes in an area of law which typically is highly competitive and litigated.
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