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IAM Blog - Summary of Articles
In the IAM Blog, members of the International Academy of Mediators share their wisdom about how mediation can best be used to resolve serious conflicts, including approaches, techniques and perspective. This blog offers insights and thinking from one of the top groups of mediators in the world.
Strategy or Bad Habit? Avoiding Lawyers’ Most Common Mediation Pitfalls
The Naked Truth about Settling Sexual Harassment Cases in the #MeToo Era: The Public Interest in Disclosure v. the Private Value of Confidentiality
Times are changing and both employees and employers are taking note: In 2018, sexual harassment is not tolerated. Between the #MeToo movement and the #TimesUp phenomenon, cases involving sexual harassment are being settled in record numbers. Yet there is a tension between settling these claims confidentially and the societal interest in public disclosure...to read more click here
Can Med-Arb Avoid the Risk that Awards Will Be Annulled?
Mediation followed (if needed) by arbitration – so-called Med-Arb – sounds at first like a good idea: parties know that when they start the process they will end up with a solution, either: (i) the one they work out in the scope of the mediation phase, or failing that (ii) the one that will be imposed upon them in the second phase, when the mediator has changed her hat and becomes an arbitrator who issues an award based on legal principles.
Words are the smallest elements that generate significant meaning. But to what extent do the words we use as mediators matter? At the recent International Academy of Mediators’ conference in Edinburgh, Scotland, we facilitated a session with an experienced group of mediators and tackled that very question. The focus of the session was whether words matter in a mediation and what words enhance communication, change minds, bring about resolution, and inspire...to read more click here
Getting Past Impasse with Mediator Settlement Recommendations
I conduct mediations in the Province of Ontario, Canada, including employment law, commercial matters, personal injury and real estate. The majority of my mediations take place after the commencement of legal proceedings, and involve parties represented by lawyers...to read more click here
The Suffocating Air of Superiority: Why Mediators Across the Practice Spectrum Should Practice What They Preach – Listen More and Judge Less
Civility is more critical to the mediation process than to any other form of dispute resolution. The reasons are several: First, unlike trial and arbitration, success in mediation depends entirely upon adversaries agreeing. No agreement; no deal. To no surprise, civility helps draw people toward a consensus, while incivility has the opposite effect...to read more click here
The word “ombudsman” comes from a Swedish term that dates back to 1809, when the Swedish parliament decided to protect citizens’ rights by establishing a supervisory agency independent of the government. Dictionaries differ, but many in...to read more click here
A few months ago, I spent a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution...to read more click here
Clients who are new to mediation may think it is not important, or is rude, to try to tell their own advocates what they expect them to do to prepare for mediation. It is, after all, the lawyer’s responsibility to do their job and to do it well. However, lawyers don’t always have the perspective to fully understand what...to read more click here
How to Deal with Yawning Gaps in Bargaining Positions
Seven Questions to Engage the Politically Polarized
What “The Blind Men and the Elephant” Can Teach Us About Mediation
Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event in controversy...to read more click here
Mediators are masters of listening. Conflict has a habit of turning conversations into competitions, with each statement feeling like a serve that you have to return in order to win a point. Mediators transform the purpose of these conversations from “winning” into understanding one another and working towards resolution...to read more click here
Conflicts in high-performance sports (HPS) – those involving athletes competing at the national, international or professional levels – are typically tense and emotionally charged experiences for the athletes, coaches, and sports organizations involved...to read more click here
Experienced mediators know that the resolution of disputes involves the people and the problem as much as the positions. At the same time, most parties will use as a benchmark for settlement decisions the expected results at trial should a dispute not be amicably resolved...to read more click here
A closing workshop at an International Academy of Mediators conference was titled Transformative Moments in Mediation. Colleagues shared “war stories,” reminding all of us that every mediation involves real people whose lives have been impacted in a variety of ways by the events which spawned their conflict, and that every mediation could provide the opportunity to experience a transformative moment...to read more click here
Some Honest Talk About "Lying" At Mediation: An Open Letter
I look forward to welcoming you at our upcoming mediation session. As your mediator, it is my responsibility to remain as neutral as can be, conduct the process in a manner that is fair to everyone, and to help the parties talk and think about this dispute, hopefully concluding with a settlement...to read more click here
Mediation Kindness in 2017?
The Pros and Cons of a Very Public Settlement
Reframing the Mediation Lexicon
Why I Decided to Write Agreed!, the 10,000th Book about Negotiation and Mediation
Please note that each IAM Blog posting represents the view of its individual author, but not necessarily others associated with IAM. IAM Blog Editor Keith L. Seat may be contacted at firstname.lastname@example.org.