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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.



The Naked Truth about Settling Sexual Harassment Cases in the #MeToo Era: The Public Interest in Disclosure v. the Private Value of Confidentiality
By: Jan Shau, IAM Distinguished Fellow
Email:  JFSchau@adrservices.org                               

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?
By: Patrick Van Leynseele, IAM Distinguished Fellow
Email: 
pvl@daldewolf.com

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.


The Words We Use as Mediators
By: Alicia Kuin, IAM Fellow & Ben Picker, IAM Distinguished Fellow
Email:
akuin@yorkstreet.ca & bpicker@stradley.com

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
By: Mitch Rose,  IAM Fellow
Email: mrose@sgrllp.com

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
By: Jeff Trueman, IAM Distinguished Fellow & Penni Walker Doyle

Email
: jt@jefftrueman.com & pdoyle@cmusmediation.org

Mediation trainings and conferences present opportunities for practitioners and program managers to be exposed to new ideas and learn new techniques – at least in theory. At a recent conference, after a presentation about caucusing led by an attorney-mediator, a question was asked. Instead of responding to the merits of the question, the presenter asked, “Are you an attorney?” The teacher-panelist appeared to have assumed...to read more click here


Civility and the Mediation Process
By: Mark LeHocky, Judicate West
Email: mark@marklehocky.com

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



Mediator as Ombuds
By: Chuck Doran, IAM Distinguished Fellow

Email:
cdoran@mwi.org
Posted: January 3, 2018

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


Knowing our Neighbours – a Mediator’s Reflection
By: John Sturrock, IAM Distinguished Fellow
Email: John.Sturrock@core-solutions.com
Posted: December 8, 2017

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


Preparing Your Advocate for Mediation
By: Jerry Palmer, IAM Distinguished Fellow
Email:
palmerjer@jpalmerlaw.com 
                                 
Posted: November 9, 2017

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
By: Professor Dwight Golann, IAM Scholar in Residence
Email:
dgolann@suffolk.edu   
                                                                               
Too often in mediation lawyers confront a familiar dilemma: Both sides have made offers and then offered concessions – but a huge gap remains between them. Everyone is frustrated, and no one wants to make a serious move in the...to read more click here



Seven Questions to Engage the Politically Polarized
By: Doug Noll, IAM Distinguished Fellow
Email: doug@nollassociates.com

What do you do if you are in a conversation – which may include a mediation – with someone who is adamant and strident about his or her values and beliefs? In today's polarized society, this is more likely to happen than ever before...to read more click here



What “The Blind Men and the Elephant” Can Teach Us About Mediation
By: Sheldon J. Stark, IAM Distinguished Fellow
Email: shel@starkmediator.com

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







How to Listen Like a Mediator
By: Chuck Doran, IAM Distinguished Fellow
Email: cdoran@mwi.org

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



Resolving Sports Disputes by Mediation
By: Paul Godin
Email:
paul@katalystresolutions.com

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

 

 


Mediation v. Court Truth
By:  Bennett G. Picker, IAM Distinguished Fellow
Email: 
bpicker@stradley.com                                              

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

 


Reflections on a Mediation: Blood, Sweat & Tears
By:  Floyd Siegal,
IAM Distinguished Fellow
Email: 
fjs@fjsmediation.com

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
By: Jeff Jury, IAM Distinguished Fellow
Email: JJury@bajb.com


Dear Mediation Attendee/Counsel/Client:

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?
By: John Sturrock, IAM Distinguished Fellow
Email: John.Sturrock@core-solutions.com

I often draw strength from meeting ordinary people doing extraordinary things . . . their lives frequently embody a truth expressed by Mother Teresa, . . . [who] once said: “Not all of us can do great things. But we can do small things with great love.”. . .to read more click here



The Pros and Cons of a Very Public Settlement
By: Jan Schau, IAM Distinguished Fellow 
Email:
JFSchau@adrservices.org
 
For the past fifteen years, I have been a strong advocate for mediation. Through some mix of optimism and arrogance, I have maintained the belief that all conflict can and should be resolved through a skillfully-managed mediation process...to read more
click here



Reframing the Mediation Lexicon
By: Eric R. Galton, IAM Distinguished Fellow (with a great deal of help from friends)
Email:
eric@lakesidemediation.com
See full article at www.iamed.org

Words matter. So in basic mediation training we teach neutral words and reframing. But is our mediation lexicon stale and itself in need of reframing? As I pursued this question, I spoke with world class mediators, some of whom are mentioned below...to read more click here



Why I Decided to Write Agreed!, the 10,000th Book about Negotiation and Mediation
By: Thierry Garby, IAM Distinguished Fellow
Email:
t.garby@me.com

I wrote Agreed! for exactly the same reason Einstein wrote his theory of relativity: there was something that did not work in Newton’s theory. There are lots of ideas which, in my view, do not work in what we are usually taught about negotiation and mediation...to read more click Here




 

 


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 kseat@keithseat.com.