From the category archives:

Tech and Business Tips for Mediators

I’ve been blogging about dispute resolution for over 5 years now. When I first launched my blog, you could count ADR blogs in single digits. You can still find these early adopters online – folks like my predecessors, blogging role models Bill Warters, Colin Rule, and Tammy Lenski – who continue to produce worthwhile content.

Slowly at first, then more steadily, our numbers grew. I soon began tracking them, eventually launching ADRblogs.com, which catalogs blogs from around the globe, organizing them by country and by topic. I’ve been serving as the unofficial taxonomist of the dispute resolution blogosphere since June 2006. ADRblogs.com today lists over 230 blogs from 31 countries, all discussing conflict resolution, negotiation, or various forms of ADR.

During 5 years of blogging and almost 4 years of tracking blogs, I’ve seen ADR bloggers come and go. Some, like Geoff Sharp’s iconoclastic Mediator Blah…Blah…, which flared and burned brightly for far too short a time, I miss a great deal. I’ve gotten pretty good at predicting which ones will have staying power, and which ones will quietly (and deservedly) fade into obscurity.

Which do you want your blog to be? If the former, it’s pretty simple. There are really only three things you need to remember:

  1. Create good content.
  2. Be social.
  3. Don’t plagiarize.

I will amplify on each briefly:

1. Create good content.

Write about what you love and know well. Share information useful to your audience. Make your readers think, change their minds, or even laugh. Don’t just copy and paste content or news you found elsewhere; tell your readers what you think about it. Be of help.

2. Be social.

I’ve said this before: ADR is fundamentally about conversation. So is blogging. If you, an ADR professional who blogs, aren’t going to link to other blogs and participate in the conversation online, why are you blogging? My old friend Geoff Sharp in an email to me once called it “the paradox of blogging” – you confidently send readers away to other sites to encourage them to return. If you want your blog to sink below the surface of search engine results, then don’t link. It’s that simple. By the way, linking is just one way to converse – remember to comment on other blogs. Contribute to the discussion.

3. Don’t plagiarize.

I shouldn’t even have to say this, but unfortunately some folks are still not getting the message. If you use another blogger’s content as a source or inspiration for your writing, give them credit by a) naming the blogger; b) identifying their blog; and c) linking back to their post. Do not pass off someone else’s content or ideas as your own. The best ADR bloggers I know care about their writing, putting time, thought, energy, and, yes, heart into their posts. For me personally, blogging is an expression of my identity as lawyer, mediator, and writer; it is my own voice speaking out of these ones and zeros. Use your own voice, please, when you blog, not someone else’s. (While ADR bloggers are generally nice folks, some of us won’t hesitate to use our BATNA: filing a Digital Millennium Copyright Act infringement notification.)

Looking for role models? The following are but a few examples of bloggers who make the ADR blogosphere a great neighborhood to hang out in, consistently honoring these principles:

By the way, in the spirit of neighborliness, allow me to extend a very warm welcome to these promising new additions to ADRblogs.com:

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Numerous news articles and blog posts have commented on the dark side of Facebook – its disregard for users’ privacy, the opportunities it affords for cyberbullying, and its vulnerability to spam, phishing exploits and malware.

I’d like to alert my readers, particularly those of you who blog, about a Facebook trap to avoid.

I regularly check search engines for mention of me or my blog, something that all of us should do routinely, not as an exercise in egotism but as good business sense, as my colleague Tammy Lenski has written.

During a search yesterday on Google I learned that Mediation Channel was listed as one of the “NetworkedBlogs on Facebook“. I clicked on the page to learn more, since I hadn’t requested the listing. A link on the page read “Pending confirmation. Help us confirm the author.” When I clicked on the link, the following choices appeared:

How do you like to verify ownership of ‘Mediation Channel’?
- Ask friends to verify you (easy, but takes a little time)

- Use our widget to verify ownership (instant, but some technical skills required)

Hmmm. Sites that enable you to claim ownership of your blog -– for example Google Analytics, which analyzes web traffic — typically require you to enter a specific snippet of code on your site, something only you as the site owner with administrative access would be able to do. It’s the sensible and secure way to confirm blog ownership.

The NetworkedBlogs app on Facebook, on the other hand, amazingly allows anybody to verify that they own a blog, whether they actually own the blog or not, by asking a handful of their Facebook friends to vouch for them. Basically anyone could claim ownership of my blog, or yours, for purposes of NetworkedBlogs on Facebook. That’s just nuts.

How nuts? Very: I decided to test what would happen if I asked a Facebook friend to verify. I clicked on “Ask friends to verify”, and then, when my friends’ profile pictures appeared, I selected my dog’s Facebook profile (yes, he has one – doesn’t yours?). My dog is a good sport in that way and a willing participant in these kinds of web experiments.

NetworkedBlogs promptly sent my dog an email asking him to verify that I own Mediation Channel. In order for my dog to confirm or deny that I own my blog, he had to allow NetworkedBlogs access to his account, something I don’t think he particularly wanted to do. (Unless it’s an app that involves bacon or chasing squirrels, he’s just not interested.)

This is wrong in so many ways. Let’s consider them:

  • Unscrupulous people with the assistance of unobservant or equally unscrupulous friends could claim your blog on Facebook.
  • Anyone, even if they’re a dog, can verify ownership of a blog in the wacky world that NetworkedBlogs inhabits.
  • If you ask your friends for help in verifying ownership of your blog, you’re asking them to allow an app they probably don’t want have access to their accounts – which seems awfully unkind to your friends.

If you decide to go the widget route, you should know that NetworkedBlogs does not believe in hidden code or discreet badges. You will be presented with a choice between two wincingly hideous and ginormous widgets to stick in your sidebar to prove you have administrative access to your blog.

NetworkedBlogs describes itself as an app that allows you to “[p]romote your blog on Facebook and to discover new blogs… Join the fun, add your blog, and connect with others who read and write about subjects you like.” Join the fun? I don’t think so.

On the internet, NetworkedBlogs neither knows nor seems to care that you’re a dog. This is one app to avoid on principle – and avoid inflicting on your Facebook friends.

The editorial staff of Mediation Channel confirms that no animals were harmed in the making of this blog post.

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In the second episode of ADR podcast series Cafe Mediate, conflict resolution and ADR marketing expert Tammy Lenski, London-based international business mediator Amanda Bucklow, New York City detective and conflict resolution professional Jeff Thompson, and I sit down together to consider the question, “What makes a great mediator?”.

This lively transatlantic conversation focused on the qualities that distinguish the effective practitioner. Listening to these seasoned colleagues left me inspired and thinking how fortunate I am to be able to count these talented conflict resolvers as my friends – thanks to Tammy, Amanda, and Jeff for such a thought-provoking discussion.

Each month ADR podcast series Cafe Mediate (motto: “where conversation, not caffeine, is the stimulant”), will feature conversation among ADR practitioners about topics relevant to the business, practice, and future of our field.

Future editions will explore issues such as certification and professionalization; debunking ADR myths; and training and education of mediators. I hope you’ll tune in. In the meantime, click here to learn more about “what makes a great mediator“.

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Cafe MediateCafe Mediate is the latest brainchild of mediation marketing and conflict resolution expert Tammy Lenski, who publishes two popular blogs, Conflict Zen and Making Mediation Your Day Job. Cafe Mediate (motto: “where conversation not caffeine is the stimulant”), a new monthly podcast series, will feature lively discussion among ADR professionals about topics relevant to practitioners, from the pragmatic to the provocative.

The inaugural session just aired. This transatlantic conversation brought together me, Tammy, and international business mediator Amanda Bucklow, who is based in England and blogs at the top-drawer Mediation Times, to talk about an issue of great interest to conflict resolution professionals: value billing.

Listen in to the podcast at “Value-based fees in the mediation and ADR world“.  If you use an RSS reader (for further instructions, see this video Tammy helpfully created), you can subscribe to alerts at CafeMediate’s main page.

Thanks to Tammy for inviting me to join in and to the extraordinary Amanda as well – I enjoyed the conversation and am already looking forward to the next one.

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Twitter for mediatorsFor those of you still on the fence about whether or not to join Twitter, the popular social media and networking site, there’s one reason why you might want to sign up, at least if you’re a mediation trainer: you’ll find out what the participants really think about the program.

Twitter conveniently allows users to search for updates containing particular words or phrases – a good way to monitor your brand, or get candid feedback about a program or services.

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Twitter, LinkedIn, and blogging: 3 mistakes to avoid as you negotiate social media

November 17, 2009 Networking and Social Media for Mediators

A compellingly attractive aspect of all forms of social media – whether blogging, LinkedIn, Facebook, Twitter, or others – is their relative ease of use.
Within moments, anyone with internet access and no technological ability whatsoever can leap confidently into the driver’s seat of social media. Thanks to user-friendly platforms like Twitter, Wordpress, or Blogger, social [...]

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Ethics and best practices for mediation provider organizations: 7 years after Georgetown

November 11, 2009 Mediation

As readers of this blog know, the private practice of mediation in the United States remains unregulated by government.  Arguably, this absence of formal regulation, licensing, and credentialing does not diminish mediation’s standing as a profession.  It does, however, place weighty responsibility on the shoulders of U.S. mediators, collectively and individually, to protect [...]

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Only connect: the advantages of reading or writing blogs for the ADR professional

October 18, 2009 Blogs and Bloggers

Four times each year, the American Bar Association Section on Dispute Resolution publishes Dispute Resolution Magazine, covering trends and news that affect ADR practitioners and scholars. An article I wrote about blogging appeared in the Summer 2009 issue. The folks on the magazine’s editorial board have kindly given me permission to upload it [...]

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Mediation Channel hacked: a cautionary tale about security, safety online

September 8, 2009 Blogs and Bloggers

Mediation Channel got hacked.
While I was enjoying a much-needed vacation earlier this summer, hackers broke into my Wordpress-based sites, including this site and ADRblogs.com. They left no immediately detectable trace that alerted me like the first attack this blog sustained in April 2008. Instead, they buried spam injection link code deep in files on my [...]

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Negotiating social media: the sequel

August 23, 2009 Networking and Social Media for Mediators

Last week I posted “It’s a jungle out there: words of caution for negotiating social media“, an article with my recommendations about using social media wisely and courteously.  What spurred me to write it were some unpleasant and fortunately isolated experiences with shameless marketers on social media sites.
I noted the irony when yesterday I received [...]

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