Category Archives: Mediation Link Round Up

Mediation channel surfing: nosh on these idea snacks in a round-up of links

idea snacks from Mediation ChannelEvery few weeks for the benefit of my non-Twittering readers, I round up the articles, posts, and news stories I’ve microblogged about on Twitter. It’s time once again to dish out a collection of finger-licking good links that I think you’ll enjoy.

Mediation channel surfing: in a round-up of links, some tasty ideas to snack on

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:

Mediation and negotiation link roundup: good stuff worth reading

Moo! Mediation Channel round-up of articles on mediation and negotiationEvery couple of weeks I round up here at Mediation Channel the links to articles I’ve shared with my followers on Twitter. (For those of you not familiar with this popular social media tool, you may wish to read “Negotiating Twitter: a mediator test drives the hot social media craze“, an article I recently wrote.)

Here’s the latest batch for your reading pleasure. I hope you find them interesting, useful, or just plain entertaining:

Mediation Channel round-up: good stuff online for mediators and negotiators

round up of negotiation and mediation articlesFrom time to time I round up the links to articles I’ve been sharing with my followers on Twitter, where I’ve been microblogging for the last couple of months. I’m passing some along here to my non-Twittering readers, along with other stuff that you just don’t want to miss. I hope you enjoy these.

Another round-up of articles for negotiators, ADR professionals

roundup for mediatorsSince February I’ve been microblogging at Twitter, a social media tool ( and recently sharing my experiences and lessons learned).

As I’ve come to appreciate, Twitter can be a great way to keep your ear to the ground and gain access to the latest news and ideas that the world is discussing.

As I’ve done in the past for non-Twittering readers of Mediation Channel, I’ve pulled together a sampling of articles I’ve recently passed along to my followers on Twitter.

If you’re already on Twitter, you can follow me at @dianelevin. Or you can subscribe to the RSS feed for my Twitter updates.

Round-up of noteworthy articles for mediators, negotiators

roundup of mediation articlesFor the past month, I’ve been test-driving Twitter, a Web 2.0 microblogging, messaging, and social media tool. I’ll be discussing those experiences later this week, but in the meantime, I thought I’d pull together a sampling of articles I’ve been sharing with my followers on Twitter.

If you’re already on Twitter, you can follow me at @dianelevin. Or you can subscribe to the RSS feed for my Twitter updates.

A round-up of must-read articles for professional mediators

round-up of mediation linksThe following articles linked to below make essential reading for the professional mediator, addressing as they do three important topics in mediation practice — reaching settlement, making decisions, and what to do with those notes.

Reaching settlement.

Giving us a ring-side seat for the final hours of a tough negotiation, Victoria Pynchon, an experienced mediator of complex commercial disputes, considers the devil in the details with a four-part series that offers a rare glimpse inside a mediator’s mind as she wrestles with demons:

Decision-making.

Perhaps one of the most important services that mediators provide is to aid clients in reaching decisions.  Attorney John DeGroote, who shares Settlement Perspectives and negotiation advice based on eight years as the Chief Litigation Counsel of a global company, makes a strong case for using decision trees to improve settlement decisions in a two-part series.  “Decision Tree Analysis in Litigation: The Basics” introduces readers to decision trees –“tree-shaped models of [a] decision to be made and the uncertainties it encompasses,” according to Suffolk University Law Professor Dwight Golann in Mediating Legal Disputes — and links to The Arboretum, a free online tool provided by mediator Daniel M. Klein for building decision trees.  In “Why Should You Try a Decision Tree in Your Next Dispute?“, John convinces the naysayers, offering persuasive reasons why decision trees make smart business sense.

Mediator’s notes — destroy or keep?

One of the ongoing debates within the mediation community concerns what to do with notes — keep them or destroy them?

Mediators who destroy their notes typically do so because it:

  • Protects the confidentiality of mediation communications
  • Eliminates the burden on the mediator and the mediator’s resources to store and secure notes
  • Reduces the risk that the parties will subpoena the mediator later if negotiations fail, particularly if the mediator informs the parties in the agreement to mediate that he or she routinely destroys notes as a matter of practice

Those who keep their notes (and I count myself in this group) do so because:

  • Due to the nature of the mediator’s practice, parties may return for follow-up sessions after a period of time, and notes will refresh the mediator’s recollection of the case
  • Notes, with suitable precautions taken to conceal the identity of the parties, can be used to create case studies for purposes of mediation and negotiation training
  • Destroying notes could prejudice a mediator’s professional liability insurer defending a malpractice action against the mediator, potentially voiding the mediator’s insurance coverage

Mediator Geoff Sharp directs his readers to an article by Australian mediator Michael Creelman, who advocates the retention of notes in large part due to the insurance issue in “Mediators’ notes of the mediation – a mediator’s protective device“. Meanwhile, Atlanta-based attorney and mediator Christopher Annunziata offers the view from Georgia, coming down in favor of destroying notes.

Channel surfing at MediationChannel.com: a round-up of links

channel surfing at MediationChannel.com A quick round-up of stories for your reading pleasure:

They say that it’s better to give than to receive. In part that’s because of the pleasure we experience in giving to others. Science Daily reports that monkeys derive the same pleasure from giving that humans do.

Bob Sutton at Work Matters reports on a study that shows how much a manager’s implicit assumptions about personnel limits his or her ability to notice changes in employees’ performance. He explains that hope remains: it is possible to shift from a “fixed” mindset to a “growth” mindset.

Not Exactly Rocket Science discusses the development of cooperation and sensitivity to others in humans, reporting that children learn to share by age 7-8.

As college students around the country head off to campus for the start of the academic year, many will find themselves living with roommates, an experience that can be positive or characterized by conflict. The Situationist shares research on college freshmen living with a roommate:

An essential element in reducing loneliness and building a good roommate relationship involves moving away from … ‘ego-system’ approach, in which people focus on their own needs and try to shore up their self-image, toward an ‘eco-system’ approach, in which people are motivated by genuine caring and compassion for another person.

Online articles, web sites for mediators and mediation training graduates

Connect to mediation resources with Mediation ChannelI just finished teaching a mediation training program for a group of extraordinary people from a wide range of professional and personal backgrounds. It was a delight to work with smart, insightful, good-humored men and women who demonstrated so much intellectual curiosity and a passion for learning.

I promised to pull together for them a selection of must-read articles for mediators — hence this post. I am also including links to suggested sites. I’m breaking it all down into three sections: Read, Learn, and Connect.

Read

In this section are articles tackling important questions about the practice of mediation. These articles have served as the focus of discussion here in the blogosphere and in the real world.

Learn

What follows are links to resources for new and experienced mediators to continue to develop the capacity to mediate well.

Connect

The following links connect you to bleeding-edge ideas and online conversations about mediation, negotiation, and ADR, or to opportunities to participate in professional associations for ADR practitioners.

  • World Directory of ADR Blogs @ ADRblogs.com. My ongoing effort to track and catalog blogs world-wide that discuss ADR, conflict resolution, negotiation, and innovations in the practice of law and the delivery of justice. All across the globe mediators are wrestling with the issues that face a still-developing field. A random sampling of English language blogs include Brains on Purpose, exploring the intersection between brain sciences and conflict resolution; Settle It Now, a fresh new look at negotiation and ADR from the perspective of a former litigator and experienced commercial mediator; Mediator Tech, dedicated to making technology accessible for even tech-challenged mediators; Mediator Blah…Blah, a self-described “overly opinionated mediation resource” from New Zealand; and ICT for Peacebuilding, a Sri Lankan blog exploring the intersection between technology and conflict resolution while examining ethnopolitical conflict and its transformation.
  • American Bar Association Section on Dispute Resolution. Providing leadership in ADR to advance the field and promote public confidence. The Section is open to anyone committed to dispute resolution — it’s not just for attorneys by any means. It has established a committee on mediator ethical guidance where practitioners can submit questions to the experts, and is responsible for the development of ABA Model Standards of Conduct for Mediators (PDF). The Section famously set the record straight that the practice of mediation is open to all regardless of profession of origin in its February 2002 Resolution on Mediation and the Unauthorized Practice of Law (PDF).
  • MassUMA Working Group web site . For mediators and others interested in taking part in an ongoing conversation about enacting the Uniform Mediation Act in Massachusetts. A chance to participate in making mediation history.

* * * * * * * * * * * * * * * *

Interested in still more resources and recommended reading, both on the web and in print, relating to mediation? Then read “Print and online resources for mediation and negotiation“, an article I posted a few months ago.

Meanwhile, here’s wishing the very best of luck to this group of new mediators!

Channel surfing at MediationChannel.com: a round up of links

Channel surfing at MediationChannel.comHere’s a round-up of links for your viewing pleasure:

The Stella Awards, a site that recognizes the year’s wackiest lawsuits, has announced the winners for 2007. The Stella Awards are named in honor of Stella Liebeck, who achieved notoriety when she spilled a hot cup of McDonald’s coffee on her lap and sued, winning a $2.9 million jury verdict. (Via Slaw.)

The public reacted with indignation last week when it learned that a Hillsborough County, Florida, deputy sheriff dumped quadriplegic Brian Sterner from his wheelchair during booking following an arrest for an alleged traffic violation — an act which was caught on video. Sterner, however, intends to negotiate with, rather than sue, the sheriff’s office in what Sterner’s lawyer has characterized as a “roundtable” discussion. (Note that Sterner’s lawyer says that “he can avoid some legal hurdles by negotiating outside court. Government agencies are liable for a maximum $100,000 per person for negligence when employees are working within their professional capacity. If a jury were to award a plaintiff more than that, the government agency would pay the $100,000 and the plaintiff would have to petition the Legislature for the remainder. “)

At Brains on Purpose, Stephanie West Allen has pulled together resources to help facilitate learning and mind changing.

At Legal Blog Watch, Carolyn Elefant wonders whether blogging is the reason for mandatory arbitration agreements for law firm employees.

Here’s something for neuroscience fans (and what dispute resolution professional is not?) — Jason Kottke at Kottke.org interviews Jonah Lehrer, author of Proust Was a Neuroscientist.

The World Directory of ADR Blogs keeps growing. I’ve just added three more blogs:

  • The Colorado Family Solutions Center blog, which focuses on ways to help families in transition find solutions outside of court.
  • Conflict Matters, which provides tools and ideas about conflict resolution and mediation, published by dispute resolution professional and attorney Roy Baroff of North Carolina. (Hat tip to the Mediation Mensch for these two latest additions.)
  • Secretos del Mediador Exitoso, a Spanish language blog, answers the question, what do you need to know and do to be able to mediate successfully? This blog’s motto is “Transformacion de Conflictos, Cooperacion y Respeto.”

Finally, for a rousing example of what a bunch of people working together can achieve, here’s an election-related news story: On February 19, over a thousand Prairie View A&M University students and their supporters marched seven miles to the polls at the Waller County, Texas, Courthouse to protest the lack of an early voting place on campus. You can view the march at YouTube. Would you walk seven miles to cast your vote?