Wisdom for Mediators

Have you seen ancient wisdom for modern mediators?

A Mediator's Prayer

I love this Mediator's Prayer shared on Kluwer Mediation's blog. An oldie but a goodie:

Disputants, make me the instrument of your negotiation,
Where there is conflict, let me mediate;
Where there is difference, mediate;
Where there is contradiction, mediate;
Where there is discord, mediate;
Where there is litigation, mediate;

As a mediator, I assist to reframe rather than to repeat,
To communicate rather than to adjudicate,
To facilitate rather than to evaluate,
To summarize rather than to advise,
To generate options rather than to provide solutions,
To reality-test rather than to protest.

It is in letting go that we move on;
It is in wearing the shoes of your foe that we empathize;
It is in accommodating our adversary that we satisfy our own claims;
It is in striving for a settlement that we find peace.

Fear of Conflict?

How to get over your fear of conflict! Great tips by Amy Jen Su.

Conflict Resolution Importance

Yes, conflict resolution is important! Steve Keating provides an insightful blog entry and a few key tips on what to consider before attempting to resolve a conflict. Read more.

Hot or Cold?

Is it hot or cold? This is the question to ask according to Gerzon before you deal with a conflict in the workplace. Read more.

Think on Your Feet

The Best Negotiators Plan to Think of Their Feet… Read more.

Appealing from Arbitrations

Good summary of three important decisions that came out recently regarding appealing from arbitrations.

Negotiation Strategy important in Litigation

Every step in litigation is part of an overall settlement negotiation strategy. Read more.

Don't ignore Language!

How important is choice of language in international arbitration? Review Valentina Faienza's post on Kluwer.

"Companies in Conflict: How Commercial Disputes are Won" study

Corporate conflict on the rise? Yes, according to a recent study. Read an overview here.

Online Dispute Resolution Processes

Interesting thoughts on the question: Are online dispute resolution processes necessarily access to justice strategies?

Win-Win Negotiations

Check out this quick guide to structuring win-win negotiations.

Review of Investment Treaty Arbitrations

Supreme Court Begins Setting Rules For Review of Investment Treaty Arbitrations in the United States, review here.

International Guide to Litigation and Disputer Resolution

Nice concise summary of the rules governing litigation and alternative dispute resolution (ADR) in Connecticut. Also check out the International Comparative Legal Guide to Litigation & Dispute Resolution 2014.

And more on BigLaw and mediation

And here is part 2 - mediation matters in BigLaw. It will only grow and is an important skill to have.

Does mediation matter in BigLaw?

What do you think about BigLaw and mediation? Are you developing mediation skills? Read more.

Vacating arbitration award

How hard is it to vacate an arbitration award? Read more.

Online mediation elements: nonverbal communication and trust

Check it out, forthcoming article: @ Face Value? Nonverbal Communication & Trust Development in Online Video-Based Mediation

Compelled arbitration in California

Future Of Compelled Arbitration In Calif. Courts. Note: Subscription required to view article.

Appealing arbitration awards

Alberta Law Reform Institute on appealing arbitration awards. Learn more