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What Difference Does a Robe Make? Comparing Mediators with and without Prior Judicial Experience

An intriguing article (abstract only) in July's Negotiation Journal (Jul 2009. Vol. 25) by Stephen Goldberg, Margaret Shaw, Jeanne Brett reporting the results of two studies;

"... a glance at the rosters of some of the major mediation providers shows that between 40 percent and 60 percent of their mediators are former judges. This influx of former judges into the mediation ranks raises several questions that we address in this article:

1. Are former judges achieving success as mediators of commercial and employment disputes and, if so, why?
2. What are the characteristics and skills of those former judges who have succeeded as mediators?
3. Do former judges succeed as mediators for the same reasons as mediators who have not been judges?
4. What are the reasons why some former judges have not succeeded as mediators?

The first study, based on the responses of attorneys to questions about the reasons for the success of mediators with and without prior judicial experience, shows that the capacity of the mediator to gain the confidence of the disputants was most important for mediators with and without prior judicial experience.

Although certain process skills were viewed as important to the success of both former judges and nonjudges, in general, process skills were significantly more important for nonjudges than for former judges. The capacity to provide useful case evaluations, on the other hand, was significantly more important for former judges than for nonjudges.

The second study, based upon attorney responses to questions about unsatisfactory mediators, reinforced the conclusions of the first study regarding the importance of confidence-building attributes.

For both judges and nonjudges, the mediator's inability to gain the confidence of the parties was a major reason for his or her lack of success."

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Improvisation, Negotiation and All That Jazz

Some while ago I started a post with;

'Yeah well, I'm not sure that I get the whole 'mediators can learn from improv comedy' thing to be honest...'

But since then I have read the wonderfully refreshing Improvisational Negotiation by Jeff Krivis and talked to him about the connections between jazz and mediation. And when someone like Jeff says this is the next frontier for mediators, you better listen up... So I wasn't surprised to hear music coming from Jeff's classroom at Pepperdine where he was teaching Improvisational Mediation recently - but I was alarmed to hear he had smuggled a whole jazz band in there!'

Well now you can see it - musicians and students learning negotiation techniques by trained jazz musicians at Pepperdine Law School. But I'm back to where I was - I just don't get the connection!

Hat tip First Mediation

40 Superb Psychology Blogs

For those brave mediators who delve into this stuff, check out 40 Superb Psychology Blogs - this post from Psyblog lists forty of the best psychology blogs, chosen to give a broad sweep of the most interesting content being produced online.

The list is split into three sections: first are more general psychological blogs, followed by those with an academic slant, followed by condition specific and patient perspective blogs.

Nice collection of articles by AIM Institute faculty just posted

"Neutrals Reveal Tips With Their Opening Statements"

By Lee Jay Berman

Most mediations begin with the mediator's opening statement, much to the consternation of the lawyers (many of whom have heard them many times before) and their parties. Although most lawyers prefer to launch right into their opening statements in a mediation, the mediator's speech can be very helpful. April 2009

"Recession Advice for Mediators"

By Lee Jay Berman

While many believe that mediation is a recession-proof business, the truth is that a difficult economy slows every business and practice as people have less money to pay for things. When a mediation practice slows, there are three things that mediators can do to make productive use of increased down time. They can increase their marketing efforts (attend more networking events, update websites, etc.), improve or update the administrative infrastructure of their practices, and they can hone their skills. Approx. reading time: 7 minutes. January 2009

"How to Initiate or Improve a Court Mediation Program"

By Lee Jay Berman

Question: We don't have a mediation program in our courts, and I keep hearing from people in other states what a great boost it is for mediation as a whole. How can we work with our local courts to interest them in starting (and paying for) a court-annexed civil mediation program? Answer: Taking your challenge even broader, and including those jurisdictions that already have court-annexed mediation programs in place that may not be functioning to the level everyone would like, let's talk about courts and mediation. Approx. reading time: 12 minutes. September 2008

"Getting Traction for Mediation"

By Lee Jay Berman
Question: I'm a mediator in a county where mediation hasn't been accepted or supported by our local court, and the lawyers don't seem interested in mediating cases. What can we do, perhaps through our local Bar ADR section, to help mediation gain some traction? Answer: Get ready to go to work! There are many things you can do, and frankly, the faster you and your local community of mediators implement them, the faster mediation will take hold...Approx. reading time: 6 minutes. July 2008

Bringing Oxytocin into the Room: Notes on the Neurophysiology of Conflict

By Kenneth Cloke
While people in conflict commonly refer to facts, behaviors, feelings, personalities, or events, for the most part we ignore the deeper reality that these are processed and regulated by the nervous system, and are therefore initiated, resolved, transformed, and transcended largely within our brains.

Building Bridges Between Psychology and Conflict Resolution – Implications for Mediator Learning
By Kenneth Cloke
Over the last three decades, hundreds of thousands of people around the world have been trained in community, divorce, family, commercial, organizational, and workplace mediation, as well as in allied conflict resolution skills such as collaborative negotiation, group facilitation, public dialogue, restorative justice, victim-offender mediation, ombudsmanship, collaborative law, consensus decision making, creative problem solving, prejudice reduction and bias awareness, conflict resolution systems design, and dozens of associated practices.

"Is Mediation a Pipe Dream?"
By Lee Jay Berman
In many ways, mediation is like any other profession or business, where some do well, some fail, and the rest are somewhere in between. But in many ways, mediation is unlike other professions because...Approx. reading time: 7 minutes. December 2007

"It's Time For Heavy Metal Mediation"
By Lee Jay Berman
KISS Mediators Rock the ABA Conference: Many attendees at the recent annual conference of the Section on Dispute Resolution had to look twice when they saw one of the characters pictured here walking the conference halls. When most learned that these were actually colleagues - the question was the same: Why would these self-respecting mediation professionals play dress up? Approx. reading time: 11 minutes.

"Impasse is a Fallacy"
By Lee Jay Berman
I often wonder who invented the concept of impasse. Who first said, "We are stuck. We cannot go any further."? And who decided that we should give it a name, acknowledge its existence, and make it the scapegoat for all that goes wrong with a mediation? Approx. reading time: 8 minutes.

"A Recipe for Peace"
By Douglas E. Noll
Pride is one of the great causes of conflict. It is not just the usual over-exaggerated sense of self, but also involves strong identification with a group. Read about the one way to transform conflicts based on pride and group identification. January 2006

"Heat and Humidity in Motown: The Role of Physical Environment"
By Douglas E. Noll
One of the simplest peacemaking techniques I teach is to change the environment. If you are in an argument or conflict with someone, try moving somewhere else. Taking a walk or finding a secluded space can work wonders. First, the time it takes to get to the space slows down the escalation process. Second, moving to a new space symbolically permits a new start to the process. December 2005

"Reconciliation"
By Douglas E. Noll
Joe, Martha, George and Anna had been fighting over their parents’ home and five acres for ten years. They had endured four lawsuits amongst each other, some resulting in judgments that had been enforced. Four years ago, the home burned to the ground with no insurance to rebuild, leaving a vacant lot to fight over. Each side had gone through two or more lawyers. The family had been torn apart through bitterness, anger, and strong feelings of injustice. October 2005

"De-Escalation The Key To Peace"
By Douglas E. Noll
De-escalation moves parties from emotionality to rationality, allowing them to make sound choices. If parties are pushed too quickly to be rational, they will balk and impasse will result. De-escalation is therefore a key element of peacemaking. September 2005

"Compassion"
By Douglas E. Noll
Compassion is one of the great unheralded traits of business leadership. Compassion requires you to subjugate your own need for attention and self esteem to the needs of others around you. You care and you are sincere in your caring. True compassion in the business world is very rare. August 2005

"Mediating The Aftermath of Terry Schiavo's Case"
By Douglas E. Noll
Terri Schiavo’s death has dropped from the news. For the family, the news trucks, interviews, and spotlights have been turned off, but the hostility, anger, and unresolved conflict must remain. Considering the 12 year conflict played out in the courts, the Florida legislature, the United States Congress and the White House, could reconciliation between the family members be possible? As a peacemaker, I think so. I also believe that until the family reconciles, personal healing will be very difficult. June 2005

"Talking It Out is the Path of Peace"
By Douglas E. Noll
Most people are exposed to coercion as their first conflict resolution process. What child has not been punished by banishment to her room or bed without dinner? Children quickly learn that personal autonomy is dependent upon personal power. The bigger, stronger person usually will get his or her way. January 2005

"Resolving Family Business Conflicts"
By Douglas E. Noll
In this article, I want to share a story about a family business conflict. This is not based on any real family business, but is so common, it could be. December 2004

"It's The Principle"
By Douglas E. Noll
Understanding when people have been wounded and how deep the wound has been experienced can give you insight into the conflict. Narcissistic wounds require the peacemaker to be non-judgmental and to show loving kindness and compassion. If the offending party can also be compassionate, appropriately remorseful, and empathic, the injured party can usually start on a healing journey to forgiveness. November 2004

"The Neuropsychology of Forgivenes"
By Douglas E. Noll
The perception of injury to our self, which is injustice, has several parts: (1) a sense of self; (2) an ability to evaluate the behavior of others as being injurious or beneficial; and (3) memory of the event to link that injury to the offending person. October 2004

"Bioethical Mediation: Peacemaking and End of Life Conflicts"
By Douglas E. Noll
Bioethical mediation provides a respectful way for resolving difficult medical care conflicts. It honors the interests of all of the stakeholders and seeks peace through a caring, understanding process. Bioethics mediation, although new, is another example of how positive peacemaking is finding its way into our culture, our institutions, and our daily lives. August 2004

"Internal Business Conflicts"
By Douglas E. Noll
Internal conflicts are normal, predictable, and resolvable if they are addressed rather than ignored. Unfortunately, since many companies have an implicit policy of repressing or avoiding conflicts, differences in business values can roil out of control. June 2004

"The Value of Listening"
By Douglas E. Noll
We rarely have the experience of being deeply heard by others. Most of the time, others tune out while we speak. When we can listen to others, especially in deep, intractable conflicts, we learn about ourselves and our capacities for positive good. When we are listened too, we feel honest respect and appreciation. Conflict cannot exist in such an environment and harmony flourishes. December 2003

"Why Can't We All Just Get Along?"
By Douglas E. Noll
Many will recall the plaintive call of Rodney King, the man whose vicious beating by members of the Los Angeles police department was caught on video. Mr. King cried out, “Why can’t we all just get along?” The reason we cannot always get along seems to be based, in part, on our brains. December 2003

"Coercion - More Costly Than You Think"
By Douglas E. Noll
Most people are exposed to coercion as their first conflict resolution process. What child has not been punished by banishment to her room or bed without dinner? Children quickly learn that personal autonomy is dependent upon personal power. The bigger, stronger person usually will get his or her way. October 2003

"Conflict Over Styles"
By Douglas E. Noll
Conflict styles are generally not consciously chosen, but emerge as a repertoire of actions that have been learned since childhood from everyday encounters, arguments, and disputes. Most people use their full range of conflict styles to one degree or another but, depending upon the nature of the conflict, prefer particular behaviors over others. June 2003

"Restorative Mediation"
By Douglas E. Noll
In the past ten years, a number of different mediation styles and techniques have been developed. To these processes, I add a style that I call restorative mediation. Restorative mediation is a mediation process that uses restorative justice principles to guide process and measure outcome. September 2002

"A Theory of Mediation"
By Douglas E. Noll
There is no lack of debate in the field of mediation. Topics that tend to attract the most attention and vigorous discussion include mediator qualification and process outcome. What's lacking, according to Douglas Noll, is a practical theory that would bring together different views, and help both practitioners and clients. In the following article, Noll reviews existing literature to form a simple mediation theory founded on basic conflict dynamics. Noll theory provides a framework for explaining various mediation styles and outcomes -when a certain approach is appropriate and why. February 2001

"Conflict Escalation: A Five Phase Model"
By Douglas E. Noll
Conflict escalation is a gradual regression from a mature to immature level of emotional development. The psychological process develops step by step in a strikingly reciprocal way to the way we grow up. In other words, as conflicts escalate through various stages, the parties show behaviors indicating movement backward through their stages of emotional development. November 2000

"The Way of The Mediator: Honor The Contrary Position and Confront Disrespect Directly"
By Douglas E. Noll
In conflict, watch out for disrespect. If you catch yourself dishonoring the other side, re-evaluate where you are at. Very little constructive work can be accomplished as long as the feelings of disrespect persist in the conflict. One of the most important ways to demonstrate mutual respect is to honor the contrary position. September 2000

"The Dollar Auction Game: A Lesson in Conflict Escalation"
By Douglas E. Noll
This article sets the stage to learn about conflict escalation by playing a game. The game is called The Dollar Auction, and the lesson is: "Beware of entrapment in conflict escalation as it will cause you to prolong conflict unnecessarily." September 2000

"The Role of The Peacemaker: Adaptive Versus Technical Work"
By Douglas E. Noll
When the peacemaker first meets the parties, she must quickly and silently diagnose their adaptive capacity in the conflict. Adaptive capacity refers to the ability to change views, values, behaviors or assumptions.

"13 Tools for Resolving Conflict in the Workplace, with Customers and in Life"
By Lee Jay Berman
Conflict happens. It is inevitable. It is going to happen whenever you have people with different expectations. This makes conflict management critical, whether avoiding arguments, disputes, lasting conflict or ultimately, litigation. Conflict can be avoided if steps are taken early in a discussion to diffuse anger and facilitate communication, and it can be resolved by applying a series of thoughtfully applied steps...Approx. reading time: 12 minutes.

"Lawyer Preparation for Mediation puts Money In Clients' Pockets"
By Lee Jay Berman
While all good attorneys prepare intensely for arbitration or trial, it is a wonder that more fail to prepare better for mediation. As the legal community continues to use mediation as an effective case settlement tool, it is becoming clear that attorney preparation plays a vital role in achieving a favorable result. Whether dealing with hundreds of thousands or millions of dollars, shooting from the hip is too risky...Approx. reading time: 4 minutes.

"The Advocates' Opening: Getting more for a client in mediation starts with the opening statement"
By Lee Jay Berman
There is a bright line differentiating 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 evolves in the effective use of mediation as a case settlement tool, it is becoming clear that attorneys’ opening statements in a joint session play a vital role in their client’s success in that mediation...Approx. reading time: 4 minutes.

"Mediators' Opening Statements Offer Insights for Successful Results"
By Lee Jay Berman
There is much that can be learned from a mediator’s opening – about the process, about that mediator, and about how to maximize your outcome. ... remember that aside from simply setting the tone and laying down any ground rules, the mediator is providing tips and insights into how to maximize your success in that mediation, leaving your clients satisfied with their representation and their result...Approx. reading time: 4 minutes.

"Voluntariness in Mediation: An Historical Perspective!"
By Lee Jay Berman
A dispute resolution process is either voluntary or it is not. There are many forms of ADR that are designed to be mandated. Mediation, by definition however, is voluntary. Mediation has been around in family law and community programs for over twenty years, and it has been performed by elders in villages throughout the world for thousands of years. Sometime during the mid- to late-1990's, the courts agreed that mediation might be an effective tool for settling general civil cases...Approx. reading time: 8 minutes.

"Choose Carefully - All Mediators Are Not Created Equal"
By Lee Jay Berman
If a mediation is going to have a chance at success, perhaps the most important decision is who will sit in the neutral chair at the head of the table. From case to case, that decision will vary. Attorneys owe it to their clients to invest the time in investigating, strategizing and selecting the right mediator for each case ... here are 14 tips on the best ways to select the right mediator and increase your chances for a successful mediation...Approx. reading time: 7 minutes.

"Writing Effective Case Management Orders In Construction Defect Cases"
By Lee Jay Berman
Describes Case Management Orders (CMO's) and how they can be used in complex litigation, especially in the construction defect arena. Describes effective ways to negotiate a CMO, contains tips on language to use and to avoid, and describes how to keep control of your own litigation. Approx. reading time: 7 minutes.

"Hands Off Mediation Confidentiality!"

By Lee Jay Berman
We mediators fought hard for confidentiality in the mediation process. Now, citing public safety concerns, national politicians are trying to take that away. They claim that settlements reached in mediation need to be opened up for the public to see. In truth, all the public agencies need to know is that a complaint has been filed. Existing laws require them to investigate such reports after only a couple of complaints. Mediation will not be effective if its confidentiality protections are stripped away. Read more to find out why. Approx. reading time 6 minutes.

"ADR Confidential"
By Lee Jay Berman
Why is it important that mediation be confidential? This article delves into the difference between confidentiality and privacy. Insurance companies and others are anxious to know the outcomes of confidential mediations, but this may come at the risk of our personal and corporate privacy. Approx. reading time: 10 minutes.

"Avoiding Workplace Litigation"
By Lee Jay Berman
Here are practical steps a company can take to handle disputes, from small workplace conflicts to litigated employment law matters, in their earliest stages. This plan is a graduated dispute resolution program companies can incorporate into their internal policies and employment manuals that deals with problems before they become escalated and emotionally charged. Approx. reading time 3 minutes. September 1996

"Please Mister, Don't Sue Me!"
By Lee Jay Berman
Article about the state of the legal system, and why so many cases are settled prior to trial. Explains why a mediation creates a finite, facilitated settlement event that brings cases to resolution and closure. Describes mediation and when mediation should be used. It contrasts mediation and arbitration, and talks about the binding nature of each. Approx. reading time: 3 minutes.

"Sue First, Ask Questions Later!"
By Lee Jay Berman
Article about the state of the legal system, and why so many cases are settled prior to trial. Explains why a mediation creates a finite, facilitated settlement event that brings cases to resolution and closure. Approx. reading time: 2 minutes.

"What is Peacemaking?"
By Doug E. Noll
Peacemaking is a complicated concept because peace can be defined in so many different ways. When we speak of peace, we understand it in two ways. First, there is negative peace. The second way of understanding peace is as positive peace.

"Ten Principles of Peacemaking"
By Doug E. Noll
I use the term peacemaking to describe the values and processes involved in transforming difficult and intractable conflicts. Ten principles of peacemaking guide me in my day to day work with conflicts.

Expanding the Mediation Pie

Just posted today is Expanding the Mediation Pie by Michael Leathes, Director of The International Mediation Institute;

"As professionals gingerly tiptoe on the road out of recession, their travel bags need to be packed with new gear. Considered unfashionable in the past, the winds of economic hardship have blown in former style icons. Left on a hanger in the Old Economy are the hackneyed notions of “s/he who dares, wins”, “no risk, no reward” and Dum Pendet Rendet. Replacing them are 10 powerful drivers of politics,business and society - Responsibility, Transparency, Authenticity, Trustworthiness, Certainty, Competency, Humility, Sustainability, Simplicity and Frugality. If leading stakeholders in the field embrace them all, mediation will grow, everyone will gain." [read more]

The International Journal of Conflict Management is free all week

The International Journal of Conflict Management will be free to access online this week.

Simply visit the journal’s homepage and access the content through the table of contents.

Dinosaurs walk amongst us

Today a lawyer told me to write him a letter as he did not believe in email.

He should watch this video played at Sony's Executive Conference this year.

Rethinking Negotiation Teaching

When I met Chris Honeyman in New York recently he was excited about his new book (well not his alone exactly. His co authors are many).

He was excited because not only was his book a winner, it was going to be available at a very reasonable price in hard copy ($26) or chapter by chapter online and free from Hamline University School of Law.

This is a significant free resource available to all - well done Chris. I hope many follow you down this road and you and you team get the kudos you deserve.

With chapters like I'm Curious: Can We Teach Curiosity? and We Came, We Trained, But Did It Matter? or Death of the Role-Play, Rethinking Negotiation Teaching: Innovations for Context and Culture is a must read for all ADR academics and trainers.

Three Things to Be Against ('Settlement' Not Included) - a Response to Owen Fiss

Just out.

Three Things to Be Against ('Settlement' Not Included) - a Response to Owen Fiss (May 30, 2009) Fordham Law Review, forthcoming.

From Michael Moffitt of ADR Prof Blog and University of Oregon. Anything Michael writes is worth your time.

"... compare the sloppy reality of settlement in practice with the sloppy reality of litigation in practice..." [read more]

The 1st Asian Mediation Association Conference, Singapore

I am on my way to the 1st Asian Mediation Association Conference "Mediation Diversity – Asia & Beyond” to be held in Singapore at the end of this week.

President Martti Ahtisaari, 2008 Nobel Peace Prize Winner and former President of Finland, will be the keynote speaker.

The AMA is the joining of a number of Asian mediation organisations from India, Malaysia, Hong Kong, Singapore, Philippines, Indonesia and is an exciting example of regional cooperation at a level not seen before.

I am lucky enough to be presenting 'In Praise of Joint Sessions'.

Take an sneak peak at my paper which ends;

"I have resisted thus far saying what I really think of a mediation process where the parties never meet as my aim is to present a balanced debate. But I cannot conclude without observing that, in my view, shuttle mediation has arisen, in part, out of a laziness by mediators. Why? It’s just easier to work separately – it’s far less effective in so many ways, but it is easier.

Because, you see, the air is just not as thick in caucus and it takes less effort to breathe there."

In Praise of Joint Sessions Abstract
This paper will deal with the increasing trend amongst mediators to do away with a joint session (where the parties meet face-to-face) at mediation in favour of meeting with the parties privately and adopting a shuttle mediation model.

This is an especially topical debate amongst mediators with some advocating that a purely private session or caucus model of mediation where the parties never meet saves time and is what the market now requires. This compares with other mediators resisting the demise of the joint session, saying it is at the heart of what mediators do and of what mediation is.

For some while now, especially in "mature mediation markets", for instance in California, there has been a tendency to do away with the traditional joint session between the parties attending mediation. This is especially true of personal injury/insurance type disputes.

In my view, there are distinct advantages to making the joint session integral to our mediation model and any move to a purely private caucus model is detrimental to the mediation process raising many issues for our field. I will advocate that joint sessions and private sessions need be used strategically by the mediator and a good mediation will involve varying degrees of both, depending on the circumstances presenting at each mediation.

This paper will canvass both sides of the debate and look at some of the factors that a mediator will need to be aware of in determining the correct mix of private and joint meetings. I will draw on my experience of commercial mediations in both Canada and USA and contrast them to the practise in my home jurisdiction of New Zealand where universally joint sessions are the norm, other than in specialised niche areas such as employment.

The paper will also look at effective techniques for both mediators and advocates in joint sessions and look at the different role each plays in joint and private. [read full text of paper here]

My eternal thanks to my old pals Diane Levin and Vickie Pynchon for input into my paper.

Which Date Works for your mediation?

There are a number of meeting scheduling applications available on the net but this is one I will definitely use.

WhichDateWorks.com which was profiled recently over at Steve Mehta's Mediation Matters blog is free and it's perfect for mediators who schedule day long mediations. Many of the other apps are geared more to multiple business meetings that may last an hour or two.

How it works is you select a range of dates, then enter the emails of all mediation participants and very soon you will be emailed with the day that suits all of them from your range, or if not all, then the next best.

Great for a multi party mediation where scheduling can eat up precious time.

In my world, the lead lawyer normally gets a handful of dates from me first then goes out to try and make one of them work so I will probably let them know about the site so they can use it. Click on the image for a tour.

Hat tip to Mediation Matters (which, btw, is a must read ADR blog)

UK Civil Litigation Review

UK's Lord Justice Jackson published his Preliminary Civil Litigation Cost Review last Friday.

I don't know the politics of this well enough to speculate whether this might be another Lord Woolf moment but given that any rethink of how litigation might work better normally impacts in some way on our world of mediating litigated cases, this may be worth a read (at 1000 pages!).

For instance, when NZ courts tweaked costs so 'user pays', parties could get a day's mediation for the same price as it cost them to get their case in the hearing ready queue, making for a very easy economic decision and an increase in usage of mediation.

The report includes;
>The basic facts – how much civil litigation there is, and what charges are made
>How civil litigation is or could be funded – legal aid, before or after-the-event insurance, third party funding, conditional fee agreements (no-win, no fee), contingency fees
>Fixed costs – assessing the present regime
>Personal injuries litigation
>Controlling the costs of litigation – case management, cost capping, recoverability of success fees
>Regimes where there is no cost shifting – small claims, employment tribunals;
>The assessment of costs by the court
>Review of costs systems in other countries.

Commentary on the report here

Strategies for Dealing with Tough Topics & Interpersonal Conflicts

Yes! I want a FREE downloadable report The New Conflict Management: Strategies for Dealing with Tough Topics & Interpersonal Conflicts along with free negotiation posts by email from Harvard's Program on Negotiation.

Susan Hammer of Portland has a lot to say

Leading Pacific North-West mediator, Susan Hammer of Portland, Oregon was interviewed by Doug Noll on his internet radio show recently while in NYC.

Listen to Susan talk about Mars vs Venus, that age-old conflict between men and women - is there really a difference in the way that men and women handle conflict and negotiation? Does gender really make a difference in the way that the sexes fight, negotiate, and make up?

Then take a look at Susan's latest research based article about advising on the value of the case; Let's Not Make a Deal

"In just 15 percent of all cases, both sides better their position at trial – that is, the plaintiff is awarded more than the defendant offered and the defendant paid less than the plaintiff demanded. In 85 percent of all cases that went to trial, one or both parties were worse off by rejecting the last settlement proposal..."

And while you're there take a look at this interview I recorded last summer when Susan and her husband came down to New Zealand and we met up in the country on a hot, hot day.

Susan, who has more connections than a Hornby Train in her home State of Oregon, will hate me for saying this - but she's a wise owl and we should hear much more from her than we do.

Another first by Mike McIlwrath

You must take a listen to Mike McIlwrath's latest podcast where he opens up about one of his employer’s mediations.

He gathers the mediator, well-known U.K. neutral Tony Allen, and the employee, Gavin Slessor, of Scotland, who lost his right arm and leg in a workplace accident.
Hear what Slesser did to get to mediation, and make it work, as well as why GE decided to mediate the case. And find out what happened in the participants’ own words, and how they feel about the results.

Addicted to mediator blah... blah...?

Then this little app will help you reclaim your life!

It will force you to stop, think - then and only then - proceed to blah... blah's latest posts.

Hat Tip to DailyBlogTips

Spotlight on Diane Levin over at Mediate.com

See what makes mediation's foremost ADR journalist tick over at Mediate.com.

Diane's pick for the next ten years?

"Here’s what I predict.(You can come back in 10 years and let me know how I did.)

Advances in neuroscience and psychology regarding decision making and judgment will gain increasing importance for practitioners of ADR, yielding practical applications and techniques for producing better decisions.

As calls increase for professionalization and standardization of mediation practice, one state will establish formal licensing for mediators in private practice.

I anticipate in coming years that mediation will have to confront some of its demons – the fierce divide between facilitative and evaluative practitioners and between lawyers who mediate and mediators who don’t practice law. There’s a cultural divide that we ignore at our peril.

Just please don’t ask me to pick the winner of the next Super Bowl..." [read more]

Video Interview with Jim Melamed

Settle It Now's Vickie Pynchon was busy at the ABA Dispute Resolution Section conference in New York last week with her new video camera.

Watch her interview with Mediate.com's Jim Melamed here

And here for her chat with Jordan Wallerstein, the editor in waiting of the Cardozo Law School Dispute Resolution Journal

These are great, more please Vickie!