Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

File this post under the heading of interesting experiments in psychology, this one conducted by that noted Psychology Professor Jimmy Kimmel. Kimmel’s team proves that if you tell people that two identical things are different, people will find the difference and be able to explain it to you. I’m not sure that I can articulate how this principle applies to mediation, but I am fairly certain that it does.

This year’s Southern California Mediation Association conference experimented by adding an advanced track, co-sponsored by the American Institute of Mediation. The new feature enabled more experienced mediators to attend a series of workshops on topics that might be of more interest to them. This part of the conference seemed to be well received, but I will be curious to hear more reactions to it from participants.  We felt the need to offer these kinds of programs in part to expand our reach as an organization. SCMA needs to remain relevant to more established mediators as well as introducing newcomers to the field. In order to function as a true professional organization, SCMA has to offer programs of interest to those […]

I thought I might lay off politics for a while after the election. But politics is not taking a moment’s rest. And politics serves as such a good metaphor for mediation, I can’t resist discussing it. Take, for example, the politics of the upcoming budget wars, of which we are now hearing the opening salvos. This debate promises to provide a great example of the dynamics of a very public negotiation, one that will affect all of us. We can think of the election as a mechanism that affected the strength of each side’s bargaining position. We can also think of it as a message from the voters to their representatives, but that message is already subject to multiple interpretations. […]

Kenneth Feinberg was the keynote speaker at the SCMA fall conference yesterday, where we presented him with the Cloke‑Millen Peacemaker of the Year Award. Feinberg gave a fascinating talk on the dilemmas involved in allocating compensation to victims of such famous disasters as the BP Gulf Oil spill, the 9/11 attacks on the World Trade Center and Pentagon, and the recent shootings in Aurora, Colorado. In each case, Feinberg was largely successful in avoiding protracted litigation and compensating victims relatively quickly, using criteria that he and his team largely had to invent. Even so, few victims of these disasters chose to go to court after taking the route of an established compensation scheme, even when they retained that option. Feinberg […]