PREMIUM CONTENT. ADVANCED SKILLS. BECOME A MEMBER. SIGNUP →

Library / * Papers

A Call for Reconciliation: The Religious Right and American Muslims

Much has been written regarding the seemingly robust unity found in the United States of America shortly after September 11, 2001. The story of that day is well known, and ten years later those acts of terrorism are still felt by many Americans. For some Americans the pain is felt more poignantly and heart wrenchingly than for others. Still, most people have found the courage to push forward through life, to find meaning in a sunrise, to take joy in a child’s smile, and to be kind to others including strangers.

Read More →

Using Technology to Overcome Impasse

This paper will address the use of online technology to overcome impasse in dispute resolution. Since all dispute resolution is an exercise in communication, we will examine how internet technology either aids or impedes efforts to exchange information and reach understanding. Then we will look at the actual technology now being employed and how it works to overcome specific types of impasse.

Read More →

Transformative Mediation for Divorce: Rising Above the Law and the Settlement

Abstaining from providing legal advice and resisting the urge to problem-solve, transformative mediators offer divorcing couples an essential service: providing authentic support for any discussion they choose to have, helping them arrive at greater clarity, and improving their sense of connection with each other. While these conversations often lead to a comprehensive divorce settlement, their primary value extends far beyond the terms of the agreement.

Read More →

Destructive Escalation

Escalation refers to an increase in the intensity of a conflict and in the severity of tactics used in pursuing it. It is driven by changes within each of the parties, new patterns of interaction between them, and the involvement of new parties in the struggle. When conflicts escalate, more people tend to become involved.

Read More →

A New Framework for Custody Mediations

Over the past two decades, with divorce rates reaching unprecedented highs in our nation, courts have increasingly encouraged the mediation of divorce settlements and child custody cases in lieu of litigation. Seen as a viable method of reducing congested court dockets, and hailed for its speed and cost efficiency, mediation has been celebrated for its merits as an effective alternative route to dispute resolution. Mediation is not only being utilized with ever-increasing frequency for divorce and custody disputes, but for all kinds of disputes, making it one of the most popular and prominent components of all the ADR programs.

Read More →

Mediating Cross-Cultural Power Imbalances

Mediation is becoming increasingly prevalent as a method of settling disputes in the United States, as well as internationally. As such, the frequency of mediations that involve more than one culture is also increasing. To date, most of the research on cross-cultural mediation is generalized, although some authors are beginning to write more specific articles. As markets continue to globalize, use of international mediation will almost certainly continue to increase, and the research on cross-cultural mediation will expand.

Read More →

Solution Focused Brief Therapy

The authors discuss how this relatively new form of therapy in an adapted form can be made suitable for clients with ID. The assumptions of this therapeutic approach, the types of problems and settings addressed by SFBT, and a description of the interventions used in SFBT are considered.

Read More →

David v David: Battle of California's Goliaths

On September 13, 1859, a group of about seventy three men arrived during the early dawn hours on the shores of Lake Merced to witness a duel between David Smith Terry and David Colbreth Broderick. The newspapers had given the impending duel so much attention that the authorities had stopped the men from dueling just a day before. Today, however, the authorities were nowhere to be seen. The two men stood facing each other solemnly.

Read More →

ADR Mechanisms

While there is poverty, there will be violence. On a daily basis, the poor must combat illegal detention, forced labor and slavery, land seizures, police corruption, and gender violence. Foreign aid is poured into impoverished countries to help combat this violence, but the poorest of the poor rarely see any real change in their daily lives. In fact, money alone will not make much of a difference: a country’s wealth is not derived from its machinery or tools or natural resources; instead, wealth is often linked to the quality of institutions in a country.

Read More →

Visitor, Complainant, Customer

It would be nice if both clients and mediator could begin with the assumption that the mediation procedure is being used as intended: to find solutions together to re-establish dialogue, to settle a case, or to put something behind them. For this, sometimes changes in personal behavior are required. However, commitment to mediation and the motivation to make these personal behavioral changes are not synonymous.

Read More →

Solution Focused Mediation

The evolutionary process within the administration of justice leads to forms of Alternative Dispute Resolution (ADR). Using mediation, conflicts can often be resolved rapidly, economically and at an early stage, with a satisfying outcome for the clients involved. From the perspective of “game theory” mediation revolves around a non-zero-sum game (“win-win”), whereas a judicial procedure revolves around a zero-sum game (“win-lose”).

Read More →

The Impartial Rabbis or Bias in the Bet Din

According to Rabbi Yisrael Belsky, “It is rare – almost to the point of being nonexistent – that after one listens to a Dayan, one fails to understand what went on in the be[t] din [or] that he was indeed treated fairly.” What are a Dayan and a Bet Din, and who would possibly feel they were treated unfairly are only some of questions the average person listening to Rabbi Belsky might ask.

Read More →

Conflicts in Family Law Disputes

When conflicts occur between a husband and wife, there are many possible courses of action. The parties may accept the status quo and continue living with the problem, the parties may use force and mandate change, or the parties may reach an agreement through negotiation. When faced with ongoing conflict, a spouse may decide to use the force of the legal system to mandate change—a divorce.

Read More →

Successful Scaling In Mediation

By means of so called “scaling questions.” mediators can help their clients to express complex, intuitive observations about their past experiences and estimates of future possibilities. Scaling questions invite clients to put their observations, impressions, and predictions on a scale from 10-0. Scaling questions have great versatility. They can be used to access the client’s perception of almost anything, including investment in change, willingness to work hard to bring about desired changes, prioritizing of problems to be solved, perception of hopefulness, and evaluation of progress (De Jong & Berg, 2008).

Read More →

The Final Negotiation

For the most part, in a negotiation, individuals will not be negotiating matters of life or death. Extreme examples of incidents where negotiations may in fact decide whether or not one will die include hostage negotiations, or cases where the consequences could hold maximum life-sentences or the death penalty. When most people negotiate, they attempt to solve their problems amongst themselves instead of having a court make a decision. The ideal result is to resolve the dispute in such a way that each party’s interests are satisfied. This favorable result is not always achieved.

Read More →