chipsFrom time to time for my non-Twittering readers, I round up the articles and news stories I’ve microblogged about on Twitter. Here’s the latest batch of tasty thought-snacks:

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mediateI’ve written often here about the fault lines in the ADR profession - the deep rifts dividing facilitative and evaluative mediators, the line in the sand between attorneys who mediate and professional mediators who are not lawyers. These dividing lines damage our collegiality and pose harm to our credibility as dispute resolution professionals; if we are unable to face and address our own differences, how can we be relied upon to assist others?

Other professions are of course no strangers to such schisms. In fact intractable conflict smolders now between lawyers, rooted not in doctrinal or political differences but in generational ones. Adrian Dayton, a lawyer who publishes an eponymous blog, discusses its impact in ”Candid exchange highlights a disconnect” in The Buffalo Law Journal.

After describing the rancorous arguing that has ensued between members of different generations of lawyers, Dayton, a Gen Y lawyer, observes:

What does that tell us? That there is a real conflict - and lack of understanding - on both sides. The biggest message I took away from it was that we’d better figure each other out - we’re going to be together for a while.

Dayton has thus signaled his willingness to bridge the generation gap. So what about his counterparts on the other side? No word yet. But if they need some assistance, the blogosphere’s full of mediators.

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confusing apples and oranges - mediation is not arbitrationYesterday the New Jersey Star-Ledger reported that the state’s Supreme Court “OKs mediation in custody disputes“.

The problem with the story is that the New Jersey Supreme Court did nothing of the kind. Instead, it held that parties to a matrimonial action can submit questions relating to child custody and parenting time to binding arbitration (PDF).

Was this confusion in reporting the result of careless journalism? No doubt. But this also tells me that the ADR field still has plenty of work to do in terms of public education and awareness. Arbitration and mediation are not concepts to be used interchangeably. One is not a synonym for the other. They serve different purposes and produce different outcomes. And we need to help the public - our prospective clients - understand that.

Hat tip to Jim Melamed, Mediate.com’s CEO.

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thanksA recent article in the New York Times about the decline of manners in a Blackberry age prompted one executive coach to write to the Times editor to share an anecdote drawn from his own experience working with professionals. He wrote,

I was told by a client, who is a former board member of a large cosmetics company and now a venture capitalist, that she had decided to refuse to help fellow alumni from her prestigious university. When I asked why, she explained how over an 18-month period, she had gone out of her way to help six alumni network into new jobs. In response to all her efforts, not a single one took the time to thank her.

This is a glaring example of how politeness and manners seem to have gone the way of the dinosaurs.

This letter resonated with me deeply. A year ago I described my own experience with the deterioration of manners in a post that asked, “Whatever happened to thank you? Thoughts on gratitude“. What prompted me to write it was my disappointment in the failure of a former student to thank me for a favor I had performed on his behalf. His thoughtlessness produced one positive result at least: it made me think what “thank you” really means:

It is not simply expressing gratitude for the extra mile, the care, the thought. “Thank you” is also about renewing or building relationships. “Thank you” honors a past deed. “Thank you” affirms hope for the future.

Common courtesy, alas, these days seems increasingly uncommon. All too often, I note its absence. This is in fact why earlier this week I published “Please contact me…but kindly read this first if you need advice“. I remain delighted to be of help; but I also hope that those who seek my assistance may be prompted to take a moment to consider the time it takes to give it. And because I cannot ask more of readers than I would of myself, I will also take especial care to be sure to show my appreciation for the time that others give me. And so I thank you, gentle reader, for your time, now and always.

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Please contact me…but kindly read this first if you need advice

June 30, 2009

I’ve been blogging for over four years now. During that time I have gotten more emails than I could begin to count from readers asking for advice, looking for help, offering criticism or praise, passing along stuff they knew I’d enjoy, or just getting in touch to say hello. With only a few rare exceptions, [...]

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Mediation credentialing: what about mediation trainers?

June 24, 2009

Much discussion has taken place of late about credentialing or certifying mediators or what it means to prepare mediators for competent practice. All too often, number of hours of mediation training serves as proxy for proficiency and skill.  That is certainly the case in Massachusetts, which has a law protecting mediation communications from disclosure in [...]

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ADR practitioners to follow on Twitter

June 22, 2009

Yesterday I offered some tips on using Twitter for ADR practitioners. I promised to follow it up with a post pointing you to members of the dispute resolution community you might like to follow on Twitter.
The following are names no doubt familiar to Mediation Channel readers. All bloggers, these are folks I associate with friendly [...]

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Remembering Morad: thoughts on Iran and US relations

June 21, 2009

Hour by hour, print, TV, and web sources bring news, narratives and dramatic images from Iran of protests and violence as Iranians take to the streets to voice opposition to the results of the recent presidential election.
The news from Tehran has brought back memories from a summer long ago. In 1976, a 17-year-old just a [...]

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Twitter tips for mediators: how ADR professionals can get the most from this social media tool

June 21, 2009

It’s almost impossible these days to pick up a newspaper or turn on the nightly TV news or your favorite radio station without reading or hearing something about Twitter.
Twitter is a free (at least for now) communication and social networking utility that allows you to post brief messages, known as “tweets” to others. Twitter invites [...]

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Just launched a dispute resolution blog? Here are 6 things effective bloggers do

June 14, 2009

As a blogger who’s been at this now for over four years, I have been fortunate enough to know first-hand the impact of blogging on the way ADR professionals practice.  As a social media tool, blogging has transformed the way I network, helping me forge ties around the world with dispute resolution professionals and others [...]

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Site tracking mediation, dispute resolution blogs world-wide, ADRblogs.com, turns three

June 14, 2009

The World Directory of ADR Blogs, at ADRblogs.com, turned three on June 5. ADRblogs.com grew out of a project I began in 2005 to track and catalog dispute resolution blogs world-wide. Today it tracks over 200 blogs from 30 countries around the globe.
Recent additions to ADRblogs.com include

The Divorce Collaborative, covering divorce and family mediation and [...]

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Negotiation teaching 2.0: new book rethinks current approaches, considers culture

June 8, 2009

“But we’ve always done it this way” all too often stifles fresh thinking or bars the way to needed change. That’s why now and again it doesn’t hurt to shake things up.
And shaking things up in the world of negotiation training and teaching is a new book, Rethinking Negotiation Teaching: Innovations for Context and Culture, [...]

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Dispute resolution job posting: Meta-Culture seeks trainer, facilitator and mediator

June 8, 2009

I am honored to call friend the visionary entrepreneur and international dispute resolution professional Ashok Panikkar, who is the executive director of Meta-Culture, the only integrated dispute and relationship management consulting group in the Indian subcontinent. Meta-Culture, based in Bangalore, is in fact two companies: Meta-Culture Consulting (MCC), a corporate and social consulting business, and [...]

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Lawyers are from Mars, clients from Venus: differing perceptions of mediation documented in new book

June 5, 2009

After attending a breakout session at the 2009 ABA Section on Dispute Resolution Spring Meeting titled  “What Do Litigators Want from Mediation?”, I decided it was high time to ask “What about clients?“, writing a post that called for much closer attention to the needs of those directly affected by disputes. I’m glad I did, [...]

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Conflicts of interest in the age of Twitter and Facebook: neutrals must find right balance

June 5, 2009

Facebook, Twitter, LinkedIn - if you are active on any of those sites or on the many others like them - then you no doubt have frequent opportunities to connect.
But what happens for ADR professionals - mediators, arbitrators, and others - when clients are the ones who invite you to connect, follow you, or seek [...]

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Mediation certification back on track at Association for Conflict Resolution, but bumps in road ahead

June 3, 2009

In its June 2009 Update (PDF), the Association for Conflict Resolution (ACR) reports that it’s full steam ahead for the ACR Certification Task Force, resuscitated after a three-year break.
According to Nancy Gardner, Co-Chair of the ACR Mediator Certification Task Force, a 2008 survey indicated support for certification from ACR member, providing the impetus for [...]

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In praise of joint sessions: mediator Geoff Sharp pays tribute to face-to-face negotiations

June 1, 2009

Ring the bells that still can ring
Forget your perfect offering
There is a crack in everything
That’s how the light gets in
- Leonard Cohen
The past couple of years have brought energetic debate within the mediation profession, pushing mediators to confront questions about practice, professional identity, and the nature of mediation itself. One of the most controversial questions [...]

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Law like love: thoughts on a Supreme Court nomination, ADR, and jurisprudence

May 29, 2009

Earlier this week President Obama announced the nomination of Federal Appeals Court Judge Sonia Sotomayor to the U.S. Supreme Court.
Predictably her nomination produced swift reaction: cheering accolades from some quarters and harsh condemnation from others. What caught my own attention was the response of a number of conservative pundits to an article Sotomayor wrote [...]

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Mediate.com CEO responds to questions about new Mediator Certification Program

May 22, 2009

The following interview is reprinted with permission from the Mediate.com web site, with thanks to Mediate.com CEO Jim Melamed. No enhanced interrogation methods were used in the making of this interview. Please feel free to add your comments at the end of this post.

Mediate.com Certification Program: A Grilling of Mediate.com CEO Jim Melamed
Three of the [...]

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Preparing mediators for practice: mediation training or mediation education?

May 22, 2009

Recently the alert I set up to monitor appearances of the keyword “mediation” in Twitter posts pointed me to the following message: “Just got back from Civil Mediation Training (30 hrs) to be a Qualified Neutral”. The message took me aback.
30 hours? To be a “qualified neutral”? Qualified? For what?
The persistence of the notion that [...]

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Copyright 2005-2009 Diane J. Levin.