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Why Getting To Yes Is the Most Vital Journey We Face (6/30/08)
John Sturrock GETTING to Yes is the seminal work on negotiation by Fisher and Ury. First published in 1983, it has been read by millions of business people, diplomats, lawyers and others around the world and is standard fare in universities in the United States and elsewhere. Recently, General Sumbeiywo, the man at the centre of the Southern Sudanese peace agreement, was asked what one book he would recommend to negotiators. Getting to Yes was his swift reply.
Promote your professional practice in the largest worldwide ADR directory for free (6/27/08)
James Melamed Mediate.com is now, for the first time, offering a Free Basic Membership. Basic Membership provides a free listing in our field-wide ADR professional directory. Mediate.com Premium Membership provides you with an elevated and enhanced directory listing, access to all Mediate.com video content, participation in the "stars" Qualifications Disclosure Program, eligibility for liability insurance, and more. All Members can now indicate organizational affiliations, and there is a new "Search by Organization" feature So, for example, you can now search by the ABA DR Section; ACR; ACCTM, AFCC, IAM and many other international, national, and state associations.
Context is King: A Practical Guide to Reframing in Mediation (6/23/08)
Ehsan Zaffar This paper discusses the practical uses and methodologies of reframing. The first part of the paper looks at the varying definitions of reframing while the second links these definitions to the purposes of reframing. The third part outlines the many ways a mediator can reframe disputes. The last part looks at the advantages of reframing as well as the pitfalls associated with the technique.
Congregational Conflict: Preparation For Resolution (6/23/08)
Lester L. Adams Everyone who is either trying to resolve conflict in his own life, or assisting others with settling their differences is looking for ways to become better at this. When I studied the way that Jesus dealt with conflict, I saw how he got people better prepared to resolve their disputes. I want to share with you some of the insight I saw in his life and ministry in this article.
A Credo For Facilitators (6/23/08)
Peter Adler I recently was asked to state clearly and unequivocally to a group of prospective clients what my “philosophy” of facilitation is. To prepare for that, I went back through my files and dug up a “credo” that various colleagues and I put together in 1998 in Hawaii. The statement grew out of a series of discussions about the use and occasional abuse of “facilitation” in the public, private, and civic sectors. The following tenets have held up well over the years and may be of use to others. We encourage readers to copy and disseminate the statement to other groups and individuals who have an interest in facilitation, collaboration, and consensus-building.
So You’ve Got a Beef. Now What? (6/09/08)
Gary Weiner Negotiating a good resolution to a conflict isn’t rocket science. There are a few things, though, that you should know if you want to do a better job in settling disputes on your own.
To Talk Or Not To Talk With The Enemy, That Is The Question (6/09/08)
Noa Zanolli President Bush and his secretary of state, Senators McCain, Clinton and Obama, and President Carter as well, have been embroiled in a debate about the level-headedness of talking to the enemy. The outcome of this debate will be decisive for the two remaining presidential candidates.
Pele: An Inspiration For Teamwork In Negotiated Solutions (6/09/08)
Luis Miguel Diaz Team work lies beneath negotiated solutions of complex problems. This article focuses on Pele who is regarded as the greatest soccer player of all times. No team sport evokes the intuitive drive for team work as soccer, where all eleven players of a team must cooperate. Soccer requires improvisation from the players to solve the strategic necessities of the soccer field. Can we learn from Pele processes for team work?
Are Agreements To Mediate Necessary? Yes! (6/02/08)
Nancy Kramer Since I began mediating 12 years ago, I have made it a practice to ask parties and counsel to sign an Agreement to Mediate, usually prior to the first session. Recently, a new-to-mediation lawyer and friend told me he believed such agreements were unnecessary and reinforce the image that lawyers only complicate everything. His surprising position made me think about my assumptions.
The Mediator's Triangle: Organizing the Mediator’s Focus (6/02/08)
Kendall Reed The mediation process and the mediator’s work have been well described and discussed by others, including Baruch Bush and Folger , Cloke , Krivis , and Moore . These authors provide a great deal of valuable information and guidance and should be studied. At the same time, I have found in my own practice as a mediator an approach that is somewhat different from those suggested by these authors. The purpose of this article is to describe this approach in the hope that others may also find it useful.
What Would An MBA Student Do? (6/02/08)
John Ford Never discount the importance of reality checking, and of finding a credible agent of reality, even if they are not able to make the mediation!
Appeasement and Diplomacy: When There is a Tempest in a Teapot, Keep Your Eye on the Teapot! (5/27/08)
Peter Adler George Bush recently visited Israel on the occasion of its 60th birthday and, in a speech to the Knesset, put forward thinly veiled criticisms of Barack Obama suggesting that his willingness to negotiate with Iran and Syria is the “false comfort of appeasement.” Out on the campaign trail, John McCain chimed right in. “The President is exactly right.” Various Democrats instantly fired back. Joe Bidden called the president’s comments “bullshit.” Hillary Clinton (rising to Obama’s defense) said Bush and McCain failed to understand the distinction between appeasement and diplomacy. Well, what is the difference between appeasement and diplomacy?
Thoughts on Mediation, Barack Obama, and Our Political Future (5/27/08)
Kenneth Cloke The emergence of Barack Obama as the front-runner for the Democratic nomination, and thus for the Presidency of the United States, presents us with unprecedented opportunities to influence global dispute resolution strategies and shift the prevailing paradigm of adversarial politics and diplomacy.
Measuring Conflict Coaching (5/26/08)
Cinnie Noble As it becomes a more defined technique in the ADR field, those who provide conflict coaching will be increasingly discussing its many applications and also, the ways to increase its legitimacy, as a distinct mechanism. This article suggests that to successfully increase conflict coaching’s credibility, it is important that practitioners together with the organization for which they work (or for which they provide external services), consider how this process may be measured as a mechanism that increases conflict competence and short circuits the unnecessary escalation of conflict.
Attribution Biases and Their Impact on Mediation (5/26/08)
John Ng Perception bias is a powerful communication process. Fritz Heider, father of attribution theory, proposes that attribution is an “effort of predicting and controlling the world by assigning transient behavior to unchanging positions”. In mediation, disputing parties hold biases with respect to the mediator, mediation process and the other party. These affect motivation and communication styles, which in turn influences the outcome of the mediation. Unless the mediator is conscious of these biases and develop skills to overcome them, the mediation process will be in jeopardy. This paper will consider three different attribution biases, namely fundamental attribution bias, false consensus bias, and negative impression bias and suggest practical ways, based on the experiences of the authors, to overcome these biases.
Negotiation Lessons from the Pawnshop (5/21/08)
Jay Folberg My resume is loaded with Alternative Dispute Resolution credentials: law school professor and then a dean; teaching negotiation and mediation for decades on several continents; writing books and dozens of articles; negotiating and mediating lawsuits with up to eight-figure payouts; and serving on umpteen advisory boards and “blue ribbon” commissions. But my resume is not the reason you should follow my advice about negotiation. The reason you should pay attention to what I have to say is that I am the son of a pawnbroker.
The Concept of Reciprocity in Mediation (5/19/08)
Jeff Kichaven I received a startling e-mail from a prominent Southern California judge. The reality he reflects should cause the commercial mediation community to reject two clods of conventional wisdom. To satisfy clients, commercial mediators must learn to love—not disdain—"evaluation." Commercial mediators must also remember to love—and again, not disdain—lawyers.
Bye Bye, Win-Win (5/19/08)
Edward P. Ahrens I previously played the iconoclast by suggesting that the “win/win” concept is falling on deaf ears. I have, however, now conceded that I nonetheless will continue to expound the win/win philosophy with hope that disputants will buy into it.
Negotiating Justice in Community Mediation (5/19/08)
Victoria Pynchon Nearly every condominium complex harbors an outlaw -- the man, woman, couple or family who refuse to follow the rules. Offended and outraged, other homeowners make demands on their volunteer board who contact the (often unresponsive) management company. Many of these disputes ultimately make their way to the Los Angeles County Bar Association's Dispute Resolution Center in West Hollywood. And some of them make their way to me. Welcome to community mediation -- the non-zero sum, value-based, rights-seeking, joint session transformative dispute resolution process. We're well-trained and we're free. But can we deliver justice?
The Four Faces of Face (5/15/08)
John Ng This paper investigates the relationship between maintaining face and mediation and its effects on parties.
Listening (5/13/08)
Alan Sharland The purpose of listening in conflict resolution is not for the listener to get ‘the facts,’ but to support the speaker in understanding their own thoughts and feelings about the destructive conflict they are involved in.
Are You Really Ready for Divorce? The 8 Questions You Need to Ask (5/12/08)
Bruce Derman, Wendy Gregson This article outlines what couples need to do in order to face the numerous dilemmas that are inherent in divorce. A dilemma implies that you are torn between two choices, each of which have undesirable fearful elements. If people have not resolved their dilemmas before the divorce, they go through the process trying to manage their fear in different ways by hiding their doubt, responsibility; vulnerability, or dependency.
Einstein’s Tips For Negotiated Solutions In Human Conflicts (5/05/08)
Luis Miguel Diaz Albert Einstein was considered one of the great problem solvers of his generation. His remarks about the universe query scientific and conventional wisdom. Can we discover in his life and innovative beliefs any attitude, aptitude, method or skill suitable for a conflict solver who intervenes in human conflicts?
Of War and Negotiation: Part 3, The Allure of War: If You Want Peace, Study War (4/22/08)
Robert Benjamin Fighting, often including war---or flight, the avoidance of conflict, are the biological and emotional responses of animals and humans to a perceived threat or attack. Neuro transmitters fired in the brain correspond with feelings of fear or anger. Neuro-scientific studies strongly suggest that animals and humans are hard-wired to fight and there is a biological basis for the allure of war. By contrast, there is no corresponding neuro-biological inclination to negotiate.
Calming Techniques (4/21/08)
John Ford In a previous article, I suggested that there are two ways we can approach our penchant for reactivity when we are triggered. One seeks to address why it is that we are triggered. The other focuses on the moment that we are triggered, and seeks to restore short term balance. This article focuses on techniques for calming down.
CLINTON VS. OBAMA: Mediating a Solution to the Democratic Nomination Battle (4/21/08)
Matthew J. Bailey Another process is needed to negotiate an end to the nomination, one through which the candidates’ interests will be explored and fairly addressed. Using traditional mediation principles, this article explores how mediation might be successfully used to settle the dispute between Senators Clinton and Obama of who will be the Democratic nominee for President this year.
La proteccion de la confidencialidad en la mediacion (4/15/08)
Walter A. Wright La importancia de la confidencialidad en la mediación no puede ser subestimada. En la mediación, el mediador cuenta con la confidencialidad como una herramienta esencial. En la introducción, el mediador asegura a los participantes la confidencialidad del proceso para crear una "zona de tranquilidad" y ayudar a la expresión franca de sentimientos e intereses. Más tarde en el proceso, el mediador alienta a los participantes a generar ideas y opciones para la solución del conflicto.
Independent Report Concerning Mediation And The Mediation Profession In Romania (4/14/08)
Zeno Daniel Sustac Mediation cannot be implemented in a legal system overnight! The efficiency of integrating mediation within the Romanian legal system is not guaranteed by the passing of a law which regulates mediation and the respective profession. A mediation law is not sufficient in a country which has had a vague relation with mediation only through legal commissions in a period which it wants forgotten.
Communicating Effectively During Conflict (4/14/08)
Lynne Eisaguirre When we’re arguing during a conflict, most of us are not listening; we are, as my son
says, “just talking to ourselves.” Clearly, one of the most important conflict resolution skills is listening. In order to listen well, we need to prepare.
Christian With Muslim Religous Dialogue (4/14/08)
Leo Hura Discussion about the need for Religious dialogue between the different faiths has become ubiquitous. There are many examples, one being, “Diplomacy in an Age of Faith”, by Thomas F. Far who argues “the United States has failed to understand the global resurgence of religiosity.” Can mediators fail to be involved?
Resolucion de disputas en y por internet (4/12/08)
Nora Femenia, Ph.D El desarrollo de los métodos alternos de resolución de conflictos ha llegado al medio electrónico, donde tiene un poderoso aliado. Dado el crecimiento vertiginoso de las transacciones online, urge desarrollar nuevos métodos de resolver conflictos adaptados al medio electrónico. El internet ofrece tanto seguridad como privacidad, rapidez y bajo costo al procesamiento masivo de quejas y disputas con clientes de comerciantes online. Aquí se describen sus principios, sus diferencias y algunas exitosas aplicaciones prácticas.
Simplicity Works (4/07/08)
Roger D. Hartstone A ball. A bat. A glove. A field, A player. Baseball is brilliant in its simplicity. So too is mediation.
Sometimes we forget the basics, while other times we complicate them for a variety of questionable
reasons. The process of mediation ought not become burdened with new terms, alternative tools,
legalese, convoluted techniques, or confusion. Two opposing parties and a neutral. That is it.
No News Is Good News – Opting Out of Daily Mass News Media (4/07/08)
Laurie Israel I admit it. I was a newspaper addict. A three-paper-a-day addict. Mornings before leaving for work, there was the Boston Globe, followed by The New York Times. These took an hour of my time. Then after work, the local afternoon daily, The Patriot Ledger. Mine was a seven-day-a-week habit, with Sunday mornings spent luxuriating in the extra time to peruse my Sunday papers.
Fear of Funny: A Mediator’s Guide to Losing It (3/31/08)
Eva Zimet What does conflict management have to do with comedy? A lot, it turns out. To be funny, to elevate another person (or, say, a large audience) one has to be present and very much in tune with the other. A merging of sorts takes place. A shift from pity to pathos takes place. A shift from separation to unification takes place.
Solution Focused Mediation (3/31/08)
Fredrike P. Bannink Solution focused mediation asks: What would you prefer instead of the conflict? The focus is on the preferred future. Clients are considered competent in formulating their own hopes for the future and of devising solutions to make it happen. The expertise of the mediator lies in asking solution focused questions and in motivating clients to change. The concept and the methodology differ significantly from other types of mediation used to date. Conversations become positive and shorter; ensuring that solution focused mediation is also cost-effective. In this article you will find a description of the solution focused model, you can see how the model is used in mediation practice and how it is different from other models.
La mediación para una comunidad participativa (3/31/08)
Juan Carlos Vezzulla Los años dedicados a la práctica de la mediación en diversos contextos y, fundamentalmente, las exigencias enfrentadas en la formación de mediadores en diferentes países (nada mejor que enseñar para aprender) me llevaron a reconocer la necesidad de construir un marco teórico referencial que sustentase la mediación, su filosofía y práctica, y que marcase principios básicos que permitiesen diferenciarla de la conciliación y de todo un abanico de prácticas extendidas por el mundo bajo el nombre de mediación sin respeto a su base científica, filosófica, ética y profesional.
Obligación moral de trabajar por la Paz (3/31/08)
Alba Aiello de Almeida Entendemos por Paz un determinado estado de convivencia que se caracteriza por: a) que los seres humanos compartan determinada posibilidad; b) que los seres humanos encuentren en esa posibilidad la satisfacción de sus necesidades básicas; c) que los seres humanos encuentren en esa posibilidad el desarrollo de sus potencialidades; d) que los seres humanos encuentren en esa posibilidad su realización como personas. Si nos detenemos en cada frase, podemos advertir que la construcción de la Paz implica trabajar con y por los otros. Ahora bien, la responsabilidad ética nace de la necesaria alteridad que nos impide “ser solos” y nos exige “ser con el otro”; no sólo “dejándolo ser”, sino “ayudándolo a ser”. Somos responsables del otro, en cuanto el otro espera nuestra respuesta y tiene derecho a ella.
Report from the Wingspread Conference on Domestic Violence and Family Courts (3/31/08)
Clare Dalton, Nancy Ver Steegh In February of 2007 the National Council of Juvenile and Family Court Judges and the Association of Family and Conciliation Courts brought together a working group of thirty-seven experienced practitioners and researchers to identify and explore conceptual and practical tensions that have hampered effective work with families in which domestic violence has been identified or alleged. Five central sets of issues were raised at the conference and are discussed in this report. These include the following: differentiation among families experiencing domestic violence; screening and triage; participation by families in various processes and services; appropriate outcomes for children; and family court roles and resources. The report emphasizes the need for continued multidisciplinary collaboration in order to better serve families affected by domestic violence and it includes an appendix of consensus points as well as suggestions for formation of ongoing work groups.
Film Review: “John Adams” - The Reluctant Revolutionary and the Negotiation of the Declaration of Independence (3/25/08)
Robert Benjamin The difficult process and personal agonies that surround the unfolding
of most significant human events seldom survive historical redaction and
oversimplification. The story of the Declaration of Independence is an
example of an event of great complexity has all too often been reduced
to drivel more worthy of a fairy tale, or worse, twisted and contorted
by politicians to suit their purposes. The quality of the writing and
production of "John Adams" offers an important glimpse into the
difficult negotiations behind the scenes that have been largely ignored,
and the nature of leadership that was required. John Adams, who has not
shared the limelight with the other 'founding fathers,' comes to life as
he shifts from law protector to rebellious law breaker, and transforms
from citizen to leader. Not your standard hero type in look, bearing or
demeanor, it is fascinating to observe Adams, a self described,
'obnoxious' ideologue, learn to negotiate in critical times
Ten Questions on Leadership for Hillary Clinton, John McCain and Barack Obama (3/24/08)
Peter Adler The U.S. presidential run-up is a time to think about politics, conflict and leadership. The collective challenges we face -- balancing freedom and security, maintaining economic and environmental sustainability, educating our young people, and assuring the health of those who cannot take care of themselves -- crisscross all sorts of historic borders, jurisdictions, and purviews. Making headway on these challenges will necessarily be a team sport.
How will Hillary Clinton, John McCain, and Barack Obama approach them? Imagine for a moment that we could engage all three candidates in an extended dialogue that goes beyond the sound bites and platform promises we have grown too accustomed to. Here is what I would ask:
The Client-Centered Process: Common Ground for Mediators And Collaborative Professionals (3/24/08)
Chip Rose The Client-Centered Process: Common Ground for Mediators
In his “Letters to a Young Poet,” the Czech poet, Rainer Maria Rilke counsels a young man who sent some of his work to the aging artist seeking his opinion. In one of the most memorable portions of the correspondence, Rilke encouraged his young artist friend to find comfort by “living in the question”—trusting that to do so was a far more productive endeavor than obsessing about the answers. I cannot think of a more appropriate point of professional departure for those of us who work with interpersonal, relational conflict than to practice the art of “living in the question.”
Sincere Opening Statements Bring Best Mediation Results (3/24/08)
Lee Jay Berman A bright line differentiates client advocacy in mediation from other forms of client advocacy. Good lawyers know the difference and are getting much better results from mediations than those who do not make this important distinction. As the legal community continues to use mediation as an effective case settlement tool, it is becoming clear that attorneys' opening statements in a joint session play a vital role in their clients' success.
Barack Obama’s Speech on Race (3/19/08)
Barack Obama We find Barack Obama's speech on race to be a top flight example of the kind of mature consideration our most divisive issues deserve and need. We here present the text of Senator Barack Obama’s speech on race in Philadelphia.
Introduction to Eye of the Storm Leadership (3/17/08)
Peter Adler In the vast galaxy of leadership practices, the 150 ideas that follow focus on making deals, brokering agreements, and managing the inevitable conflicts that occur in politically charged circumstances. They are about communication, negotiation, problem solving, and “guerilla peace making.” The premise is simple and was best stated by philosopher, psychologist, and educator John Dewey: “Conflict is the gadfly of thought. It stirs us to observation and memory. It instigates to invention. It shocks us out of sheep-like passivity and sets us at noting and contriving."
Mediation: Managing A Negotiation (Part I) (3/17/08)
Gene D. Barr Mediation is the process by which participants in opposition acknowledge, consider and attempt to resolve their divergent interests by negotiation. Negotiation is a fluid dynamic subject to the gross environmental influences and personal perceptions of the participants. The act of negotiation is to present persuasive argument in a controlled environment confined to an established set of standards communally accepted as relevant to the subject matter at hand; it is persuasive argument presented by one participant with the intent to influence the decision making process of the other to garner a favorable outcome. The act of negotiation becomes art when a participant understands those elements that motivate and influence the other participant’s decision making process and controls and manipulates those elements to achieve an intended goal.
The Bush Institute through the Lens of 'Beyond Reason': 'Using Emotions As You Negotiate' (3/17/08)
Charlie Hogge A few months ago as I was rereading the exciting book, "Beyond Reason: Using Emotions as You Negotiate," by Roger Fisher and Daniel Shapiro, I was unable to avoid thinking of the conflicts that have been stirred up over the prospect of having the Bush Institute as part of the SMU campus. The authors identify five core concerns that apply to some degree in all human relationships. They do a masterful job of demonstrating how satisfying those concerns can greatly facilitate finding optimum solutions in a negotiation. Conversely, ignoring those concerns can seriously damage negotiations.
Solución negociada de conflictos complejos con arte: Picasso, Chaplin, Wittgenstein y los Beatles (3/14/08)
Luis Miguel Diaz La creatividad en el arte es semejante a la creatividad requerida para explorar soluciones en la resolución de conflictos complicados, que se caracterizan por estar estructurados en una amalgama de diversos elementos: el tiempo, la carencia de normas útiles para predecir resultados futuros; las dimensiones multifacéticas en espacio y tiempo que existen más allá de lo meramente lineal y el simple deber ser, la causa-efecto o el precedente-consecuencia; el involucramiento de múltiples actores y autoridades, así como los diferentes valores y opiniones sobre un mismo asunto.
Nobody Does It Better: An Interview with Diane Levin (3/10/08)
Gini Nelson This is an interview by Gini Nelson of Diane Levin. Diane Levin publishes the award-winning blog, Mediation Channel, which explores conflict resolution, negotiation, and the law, together with the social and cultural influences that shape them. It also regularly features articles on mediation, in particular the training and credentialing of mediators, and examines the intersection of law, justice, and ADR. Mediation Channel has been designated a “Featured Blog” at Mediate.com and attracts regular readers from throughout the world.
From Reaction to Response: Conflict As A Choice (3/10/08)
John Ford Once we embrace that conflict is inevitable in social relationships, the question we have to ask is “how do we respond?” Responsibly, we’d hope. Yet, for the most part, when we are in conflict, we are not very responsive, and tend to be reactive. Shifting to a responsive approach to conflict is easier said than done. When we are in conflict situations, we are typically being triggered and reverting to our unconscious conflict handling scripts.
Negotiated solutions of complex problems with art: Picasso, Chaplin, Wittgenstein and the Beatles (3/10/08)
Luis Miguel Diaz This essay intertwines the creative endeavors of Picasso, Chaplin, Wittgenstein, and the Beatles---Picasso’s genius for painting; Chaplin’s genius for film making; Wittgenstein’s genius for philosophical remarks; and the Beatles’s genius for songs---to show how artistic and philosophical creativity can be utilized in reaching negotiated solutions for complex problems. We can learn much from art. A person may expand his or her knowledge of conflict management through art appreciation. Art depicts universal experiences that may be appreciated by all and may serve to educate us about creative processes.
The Guerrilla vs. The Humanist Negotiator (3/09/08)
Robert Benjamin This provocative article discusses and contrasts a hard-edged approach to negotiation with the recalcitrant Iranian administration that is in stark contrast to the more prevalent view of negotiation as a humanistic and rational enterprise. This goes to the heart of how negotiation and mediation are practiced, not just on a geopolitical level, but in all dispute contexts.
Percy Julian: Farewell to a Giant (3/08/08)
Pat Schneider Percy L. Julian Jr. was a Renaissance man: lawyer and activist, photographer, world traveler, gourmet cook, student of martial arts who applied the principles of Aikido to mediation. Lifelong teacher. A gentleman with a taste for the finer things in life.
Que relación tiene el tema de la imaginación con la mediación? (2/28/08)
María C. Montani Fischer Partamos del principio que la realidad se crea en la mente de los hombres. También acordemos que el pensamiento imaginativo, puede tener costados positivos, como negativos. Por una parte podemos coincidir que constituye un estímulo para la acción, pero también puede llegar a ser paralizante frente a la realidad de la vida y sus misterios, donde su comprensión se nos puede presentar como inabordable y cualquier proceso de la imaginación puede resultar paralizante frente a las múltiples alternativas que se nos presentan como respuesta a lo imaginado. Pero en realidad lo que me propongo es de algún modo según mi criterio abordar el tema de que conexión tiene la imaginación con la mediación, o dicho de otro mudo que papel juega en el referido proceso.
Like it or Not, the United States and Iran are Partners: Seven Principles for Moving Forward Negotiations (2/27/08)
Bill Lincoln, Robert Benjamin, Polly Davis and Seth Kane
There is a point to be made and not to be forgotten: Conflict adversaries such as the United States and Iran are indeed the partners which each other needs and seeks if they are to prevent, manage and resolve dysfunctional conflict. While the nuclear issue is seemingly the focal point of the conflict, in reality it is the overall US-Iranian relationship that must be addressed if stability and real security is to be achieved in the region.
Obama’s Message - Mediation’s Political Triumph (2/25/08)
James Melamed Presidential candidate Barack Obama's main political message represents the absorption of the mediation movement's essential themes at the highest level of national and global politics. This is an accomplishment that should not go unnoticed and one that all mediators, whatever our political leanings, should take great pride in. Obama's candidacy is mediative consciousness' coming out party. Could it be that our work is finally paying off, not only in terms of "miracles in the mediation room," but also in terms of truly improving the way we as humans operate on planet earth? I think so. We are experiencing a popular paradigm shift right before our eyes and mediators and mediative thought are largely responsible.
The Client-Centered Process: Common Ground for Mediators And Collaborative Professionals (2/25/08)
Chip Rose In his “Letters to a Young Poet,” the Czech poet, Rainer Maria Rilke counsels a young man who sent some of his work to the aging artist seeking his opinion. In one of the most memorable portions of the correspondence, Rilke encouraged his young artist friend to find comfort by “living in the question”—trusting that to do so was a far more productive endeavor than obsessing about the answers. I cannot think of a more appropriate point of professional departure for those of us who work with interpersonal, relational conflict than to practice the art of “living in the question.”
Mediation in the Criminal Law (2/25/08)
Zeno Daniel Sustac The Romanian lawgiver has applied mediation to the field of Criminal Law. Articles 67-70 in the Law 192/2006 comprise special provisions regarding mediation in the criminal cases, thus paying special attention to mediation in this field.
La Mediación en el Ámbito Escolar: ¿Método RAC o Método REC? (2/24/08)
Ruben Veiga Las instituciones educativas tampoco escapan a las situaciones de conflicto; muy por el contrario deberán, si aún no lo han hecho –a partir de la nueva concepción de escuela moderna- capitalizar el conflicto y educar a partir del mismo. Ello significa que todos los actores de la comunidad (léase: educadores y educandos, no docentes y familias de los alumnos) deben esforzarse por abandonar la connotación negativa tradicional del conflicto y optar por su cambio de valencia. Sólo así, la tan anhelada “educación para la paz”, será posible.
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