Transparent Mediation: Giving Away Our Strategies

Alan E. Gross- When mediators act as trainers, they often offer classes designed to improve conflict management and to convert disputes into opportunities for understanding and change. However, during mediation sessions convened to deal with specific disputes, these same mediators rarely share or explain the strategies that they advocate in trainings.

Disputants, in contrast to trainees, usually agree to mediate voluntarily as a means of dealing with conflict or because they are required to mediate by a court or other authority. These mediation sessions, designed primarily to facilitate dialog aimed at increasing understanding and possibly leading to resolution of a specific conflict, can also provide an opportunity to acquire and practice general skills similar to those presented in training classes.

In this note, I will ask you to consider how and when you and

other mediators might reveal and demystify some of our key concepts and tools. After introducing the concept of “transparent mediation” (hereinafter TM) and providing some examples of its use, I will request some feedback about how you have used these techniques in your own practice.

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The Future of Justice- How Technology Is Shaping The Legal Ecosystem


Ruha Devanesan- A technology-mediated justice system is taking shape around us.  What began as e-filing and online docketing has transitioned into the use of technology to enable the average citizen in creating complex legal documents, crowdsourcing legal information, and allowing lawyers and clients to interact on a virtual platform.  These developments have merely touched the surface of technology’s influence on dispute resolution, the practice of law, and the justice system as a whole.  


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Jason Dykstra- This past week I had the pleasure of being a speaker at Tweetstock in Brantford, Ontario where we talked about the Art of Community.  There I talked about how to engage with conflict, both online and offline.  I'll get more into what I talked about possibly in the next few weeks, but one thing I did talk about is Intent.  A few weeks ago I talked a little about Intent, Action, and Effect but I want to share this picture from my slideshow:...

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3 Thesis Presentation: Nonverbal Communication & Mediators



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More Jobs, News & Events

[Can Motivation Resolve Conflicts in Businesses?]

This week I watched an interesting TED talk about extrinsic and intrinsic motivation. And it made me wonder if this could help conflict resolution in businesses. [As a side note, TED is an outlet that posts talks on a variety of topics. I have yet to find one that isn't incredibly interesting and practical. If you haven't checked it out, you should]. I've posted the talk below, and I highly recommend you watch at least the first few minutes.

Fall 2011Cross-School Email Negotiation Pairings

The Center for Negotiation and Dispute Resolution at UC Hastings College of the Law has been coordinating email negotiation simulations between its negotiation classes and other negotiation classes…

This Week in European Conflict... June 25th-July 1st, 2011.

ADR Supervisor - KINGSMAN, AZ

Executive Director - The Resolution Center - Beatrice, Nebraska

Job: Ombudsperson, Algonquin College, Ontario

Volunteer Soliya Facilitator

ABA Section for Dispute Resolution Spring 2012 Conference


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