This article was published by Andrew B. Mamo in the 2023 issue of the Mississippi Law Journal. It’s LONG – 64 pages – so I’m going to give you an overview of the main points and some questions to think about. In this article, Mamo questions what self-determination means and why it is considered important […]
Re-thinking self-determination in mediation Read More »
There is very little written directly about marketing ethics in the field of conflict resolution. A notable exception is a paper written by Rachael Field and Neal Wood in 2005 about marketing mediation ethically. They caution that “at its present stage of development in Australia, there continues to be a significant level of rhetoric associated
CRITICAL REFLECTION: Ethical marketing of conflict resolution services Read More »
In my work with clients in conflict, I constantly find that they have missed many opportunities to manage conflict more effectively. In particular, they often fail to set appropriate boundaries (or ANY boundaries) to allow themselves to be at their best in conflict situations. Boundaries are a fundamental part of preventing unnecessary conflict, and managing
Boundaries in conflict Read More »
When we look at how people typically promote conflict-related services like mediation, the services are often presented as a better option than other alternatives. In fact, this thinking is even found in the name “alternative dispute resolution”. However, psychological research shows that using scare tactics to try to motivate someone to do something tends not
Motivating people to engage in conflict resolution services Read More »
In our Beyond the Table course, we have an entire module on ethics. But it doesn’t focus on the ethics of practice in the sense of what we do in the mediation or coaching room with the client. Rather, it focuses on the ethics of doing business in the conflict services field. We look at
CRITICAL REFLECTION: Marketing settlement rates Read More »
Claire Holland and Judith Rafferty, conflict management specialists, academics, researchers and trainers with the Conflict Management Academy (CMA), say YES! According to Judith and Claire, frameworks are a useful way to break down and look at complicated conflict situations in a way that can bring greater awareness, understanding, and clarity to the situation. It’s not
Are frameworks useful to help understand complex conflict contexts? Read More »
Many mediators know about transformative mediation, but in my experience, not many mediators really understand it. I was certified as a transformative mediator in 2010 (Baruch Bush was my assessor) and was approved to teach transformative mediation by the Institute for the Study of Conflict Transformation (ISCT) a few years later. Since then, I have
Transformative mediation – separating the myth from the reality Read More »
On 21 March I spoke at the Australian Disputes Centre conference in Sydney. This is what I spoke about. Consider how conflict coaching might support your existing processes. We’ve each been asked today to share our solid gold tips and techniques for staying on the cutting edge of Australian ADR. I’m here as the past
Solid gold tips for staying on the cutting edge of ADR Read More »
This article was written by Samantha Hardy and Danielle Hutchinson, with significant contributions from Dan Berstein. Why adapt your practice? As I’ve discussed in a previous article, one size does not fit all. We live in a diverse world and we work with a diverse client base. We can do so much more to be
Adapting our practice Read More »
In the past couple of weeks, I have come across a few different mediators in Australia and other countries who have offered, or are currently offering, some version of a contingency fee for their mediation services. This got my attention, and I decided to explore the phenomenon in more detail. I’ve done some research, and
CRITICAL REFLECTION: No settlement, no fee in mediation? Read More »
