The Mediate.com Podcast
The Mediate.com Podcast covers everything in the world of mediation: conflict resolution, best practices, ethics, technology, and business development. Episodes include interviews with experienced practitioners, discussions of practice dilemmas, and explorations of the future of the mediation field. Join us if you’re interested in mediation, just getting started as a mediator, or if you have decades of practice under your belt -- we’d love to have you as part of our community.
Episodes
4 days ago
4 days ago
In this episode, Colin Rule interviews Peter Salem and Kelly Browe Olson about their new book Family Dispute Resolution: Process and Practice. This is the kickoff interview for a full series of interviews with the more than 30 authors who wrote chapters for the book.
About the book:
"Over the last 50 years family justice systems in the United States and elsewhere have evolved from a predominant adversarial approach focused on litigation to the significant integration of more collaborative, settlement-oriented approaches, especially mediation. In Family Dispute Resolution: Process and Practice some of the field's leading practitioners, researchers, teachers, and policymakers provide an overview of the modern family dispute resolution processes designed to help separating and divorcing parents make decisions about the future of their families.Chapters in this book address the growth of divorce mediation and other specialized processes including parenting coordination, arbitration, child-inclusive mediation, and online dispute resolution. They describe how to work with families experiencing issues including domestic violence, high conflict, substance misuse, and the lack of legal representation. Case management initiatives and special issues, including social science research and conflicting standards of practice, are also explored.Family Dispute Resolution provides a wide-ranging look at contemporary family dispute resolution processes and is essential reading for everyone interested in learning more about working with separating and divorcing families, including professionals, and law and graduate students."
Buy it here:
https://global.oup.com/academic/product/family-dispute-resolution-9780197545904
https://www.amazon.com/Family-Dispute-Resolution-Handbook/dp/0197545904
Saturday Jun 29, 2024
Saturday Jun 29, 2024
In this episode, Colin Rule (CEO of Mediate.com) speaks with Bridget McCormick, the CEO of the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), about the path that led her from being a public defender in NYC, to a law professor in Michigan, to the Chief Justice of the Michigan Supreme Court, and now CEO of AAA/ICDR. They discuss her work in mediation and dispute resolution, how Bridget has updated AAA/ICDR's strategy to embrace mediation and expand access to justice, and the role of technology in the future of the ADR field.
Learn More:
https://adr.org/
https://www.lawnext.com/2024/05/american-arbitration-association-acquires-odr-com-and-mediate-com-to-expand-online-dispute-resolution.html
https://mediate.com/the-mediate-com-aaa-partnership/
About Bridget McCormick:
Bridget Mary McCormack is President and CEO of the American Arbitration Association-International Centre for Dispute Resolution.
She is also a Strategic Advisor to the Future of the Profession Initiative at the University of Pennsylvania Carey Law School. Until the end of 2022, McCormack was Chief Justice of the Michigan Supreme Court, a position her peers selected her for in January 2019 after she served for six years as a Justice. While on the Court, she championed innovation and the use of technology to improve access to justice.
A graduate of New York University Law School, McCormack started her legal career in New York City. In 1996, she joined the Yale Law School faculty. She then joined the University of Michigan Law School faculty in 1998, where she taught criminal law, legal ethics, and numerous clinics. She was Associate Dean for Clinical Affairs from 2002 until 2012.
McCormack was elected to The American Law Institute in 2013. The Attorney General of the United States appointed her to the National Commission on Forensic Science in 2014. In 2019, the Governor of Michigan named her Co-Chair of the Michigan Joint Task Force on Jail and Pretrial Incarceration. In 2020, she joined the American Bar Association’s Council on Legal Education and Admission to the Bar and currently serves as Vice Chair. In 2021, the Governor of Michigan asked her to co-chair the Michigan Task Force on Forensic Science and to chair the Michigan Jail Reform Advisory Council. She also chaired the Michigan Judicial Council, the strategic planning body for the judicial branch. In 2021, McCormack was also appointed to serve nationally on The Council of State Governments Healthy States National Task Force and the ABA Center for Innovation’s Governing Council. She was also named Chair of the ABA Board of Elections.
McCormack is an Editor of the ABA’s preeminent publication, Litigation Journal. She speaks and writes frequently about access to justice, innovation in the legal profession, and legal education.
Monday Jan 22, 2024
Better Conversations in Scotland with John Sturrock KC (Ep. 40)
Monday Jan 22, 2024
Monday Jan 22, 2024
In this episode, Veronica speaks with John Sturrock KC, founder and senior mediator at Core Solutions. Listen to this episode to learn about the following:
The connection between food, hospitality, meeting together, and mediation
How excellence in mediation is similar to excellence in sports
What it means to mediate "minimally" and why you should consider using this approach
The role mediators can play regarding discussions of political issues
Collaborative Scotland and the "Better Conversations Bus Tour"
Learn More:
Collaborative Scotland
Core Solutions
John's Books: Mediator's Musings Vol 1 and Vol 2
About John Sturrock KC:
John Sturrock KC is founder and senior mediator at Core Solutions and has also acted as a mediator through Brick Court Chambers in London. For over twenty years, he has been a pioneer of mediation in the UK, with an international reputation, and his work extends to the commercial, professional, sports, public sector, policy and political fields. He is identified as a Global Elite Thought Leader by Who’s Who Legal, is a Distinguished Fellow of the international Academy of Mediators and has been a Visiting Professor at the University of Edinburgh. He writes extensively and recently published the second volume of his book entitled “A Mediator’s Musings” (both volumes available on Amazon).
John also specialises in facilitation, negotiation, mediation and conflict management training and consultancy for leaders in the private and public sectors, sport, the professions and government. For many years, he has worked with various parliaments throughout the UK on improving effective scrutiny of policy. He regularly advises and coaches senior officials in the Scottish Government on negotiation strategy in significant policy areas. He is founder of Collaborative Scotland, which promotes non-partisan respectful dialogue about difficult issues and is one of the initiators of the Mediators’ Green Pledge.
In 2019, John conducted a major review for the Scottish Government into allegations of bullying in NHS Highland and the subsequent “Sturrock Report” was well received across the public sector. He was a member of the Stewarding Group of the first Citizens Assembly in Scotland in 2019 – 2021. In 2019, John also co-chaired an Expert Group under the auspices of Scottish Mediation which produced an important report entitled “Bringing Mediation into the Mainstream”.
John practised at the Scottish Bar from 1986 – 2002 and was appointed a Queen’s (now King’s) Counsel in 1999 and, as the first Director of Training and Education in the Faculty of Advocates from 1994 to 2002, designed and led the Scottish Bar’s award-winning advocacy skills programme. He trained in negotiation at Harvard University in 1996 and was named Specialist of the Year at the Scottish Legal Awards in 2003 and Mediator of the Year at the Law Awards of Scotland in 2009. He was awarded the Honorary Degree of Doctor of Laws from Edinburgh Napier University in 2010.
Monday Jan 08, 2024
Monday Jan 08, 2024
"Part of community mediation is...we don't want people co-existing, we want people co-creating." In this episode, Veronica speaks with D.G. Mawn, President of the National Association for Community Mediation (NAFCM). Listen to this episode to learn more about the following:
About NAFCM
NAFCM's partnership with Living Room Conversations
Testing the School Board Community Toolkit
About the Toolkit
How mediators can support the program.
For more information, visit NAFCM's website at https://www.nafcm.org/. Contact D.G. Mawn via email at dgmawn@nafcm.org.
About D.G. Mawn:D.G. has served NAFCM in several roles, first as a member of the Board of the Directors (2012-2014) then as the JAMS Foundation Mini-Grant Program Manager (2014-2016), and currently serves NAFCM as the President of the membership association. He co-developed the Cultural Intuitiveness process and provides consultation and coaching to state, public and community-based organizations on human services/system development and effectiveness, leadership development, strategic planning and communication, cultural intuitiveness, sustainability and evaluation. D.G. Mawn is an attorney licensed in Illinois and Kentucky. He received his mediation training in 2000.
D.G. has worked in the local, state and federal level health systems interweaving his background in anthropology, religion and law in a manner that connects well within the political setting as well as the community setting. Through-out his career he has sought to appreciate the culture and systems of community and follow empathetic processes that strengthen both the individual and the system in order to facilitate the creation of sustainable positive impacts.
Monday Aug 28, 2023
Special Episode: Interview with Mediate.com Co-Founder John Helie
Monday Aug 28, 2023
Monday Aug 28, 2023
In celebration of the publication of Mediate.com's 1000th newsletter, Mediate.com CEO Colin Rule sits down with Mediate.com co-founder John Helie to talk about the early days of the Mediate.com (and ConflictNet), the newsletter, top authors and editors, and how artificial intelligence and social networking has changed and will change the ADR field over the coming decades (discussion interrupted only briefly by a marauding pack of nearby goats).
Wednesday May 17, 2023
Mediating the Business Divorce with Margeaux Thomas [Ep. 37]
Wednesday May 17, 2023
Wednesday May 17, 2023
If you've ever been curious about the attorney perspective on what makes for an effective mediation, then this episode is for you! In this episode, Veronica chats with Margeaux Thomas, an experienced attorney, about what makes for an effective mediation within the context of mediating a business divorce. Questions answered include:
What is a "business divorce"?
What makes a skilled mediator for these types of disputes?
At what point in the dispute is mediation most valuable?
What are some pitfalls to be avoided by the mediator?
About Margeaux:
Margeaux is an experienced lawyer and speaker with 15+ years of experience representing individuals and small businesses in commercial and real estate litigation, including class action cases and numerous trials on behalf of both plaintiffs and defendants. She specializes in commercial landlord/tenant disputes, business partnership disputes, and contract disputes, and has traveled throughout the country as a faculty lecturer educating over 4,000 attorneys on business litigation issues.
Margeaux is also a contributor to the American Bar Association's Commercial Lending Treatise and has been recognized as a Super Lawyers Rising Star from 2013 - 2022 and a Top Lawyer by Northern Virginia Magazine in 2022.
In addition to managing her own law firm, The Thomas Law Office PLC, Margeaux is actively involved in various bar associations and non-profit organizations, including the Old Dominion Bar Association and the George Mason Inn of Court. In her spare time, Margeaux enjoys spending time with her family and cooking healthy meals as the founder of Vegetable Forward, an organization dedicated to promoting positive food values and nutrition through community gardening.
Connect with Margeaux:
Law Firm Website
Email: mthomas@thomaslawplc.com
Phone: 703-957-2577
Tuesday Apr 25, 2023
Development of Mediation in Brazil with Mariana F. Souza [Ep. 36]
Tuesday Apr 25, 2023
Tuesday Apr 25, 2023
Did you know that the average length of a lawsuit in Brazil is about 10 years? Good thing there's mediation! In this episode, Veronica chats with guest, Mariana F. Souza--a mediator, lawyer, and arbitrator based in Rio de Janeiro, Brazil--about the following topics:
The difference between mediation and conciliation in Brazil
What mediation looks like in Brazil
How party/lawyer interest in mediation has changed over the years
What is the general public perception of mediation in Brazil?
About Mariana:
Mariana Freitas de Souza is a mediator based in Rio de Janeiro, Brazil, where she also works as a lawyer and arbitrator. She has over 20 years of experience in complex disputes involving commercial, civil, contracts, consumer and labor matters, and serves as mediator with the main centers in the country, as well as the UN. She holds a LL.B from the Rio de Janeiro State University and an LL.M from Tulane University.
Mariana's LinkedIn
Friday Apr 07, 2023
Friday Apr 07, 2023
As a mediator, are you aware of the key characteristics of communication in Latin American culture? Are you curious about whether AI will replace human dispute resolvers? Listen to this episode as Veronica chats with guest, Luis Gómez, who is both a Colombian mediator and a research lecturer who teaches negotiation strategy and artificial intelligence applied to dispute system design--about these topics. Episode highlights include a discussion of the following:
Mediation vs. Conciliation in Colombia
The recent Colombian law regarding conciliation
Key characteristics of communication in Latin culture that are important for neutrals to know
What is AI?
Will AI replace human dispute resolution practitioners?
Link to related episode:
Online Conciliation in Colombia with Nicolás Lozada [Ep. 31]
About Luis:
Luis Gómez is an international business lawyer expert in conflict resolution, graduate of the University Externado of Colombia Law School (JD equivalent) and with a diploma program in financial law from the University del Rosario. He also holds a master in International Business and Management from the University of Westminster in London, an executive course in Successful Negotiation Strategy, University of Cambridge, after which he worked as part of Motorola´s legal team in the United Kingdom.
Recently, he took the Negotiation Research and Teaching certificate offered by the Dispute Resolution Research Center at Northwestern University, Chicago, and Phd research stance at the Gould Center for Conflict Resolution, Stanford University.
Currently, Luis is a mediator at the Chamber of Commerce of Bogotá and research lecturer at the Business Law Department, University Externado of Colombia, teaching negotiation strategy and artificial intelligence applied to dispute system design, among other subjects; and member of the Committee of Commercial Practices CCI. He is in charge of the Master of International Business Law and the Diploma in Legal Innovation, and author of the book: International Negotiation – Strategic Approach.
Connect with Luis: LUIS.GOMEZ01@uexternado.edu.co
Connect with Veronica Cravener on LinkedIn
Wednesday Mar 22, 2023
Wednesday Mar 22, 2023
"Let's speak to a mediator." Wouldn't it be great if parties in a dispute said that to one another as their initial reaction to conflict? In this episode, Veronica chats with Linda Heng--CEO of ResoX--about the following topics:
Examples of changing consumer behavior trends outside of dispute resolution
How has the media shaped our perspective of what dispute resolution looks like?
Is there public awareness of the availability of mediation?
How do people in conflict want to interact with one another?
Pros and cons of ODR
What can mediators do to learn about consumer needs as it relates to dispute resolution?
About Linda:
Linda Heng is the CEO of ResoX. Linda has been passionate about dispute resolution since 2004.
Despite being told in the early years that she could “never be a mediator as mediators are mostly senior professionals” due to youth and lack of legal training, she persevered in honing her skills and building her professional reputation. In the past 18 years since, she has attained accreditation with many reputable mediation centres, received awards for her contributions to mediation in Singapore and actively engaged stakeholders around the world.
Linda considers it a privilege to have worked with many intelligent, kind and passionate lawyers, mediators, arbitrators and conflict coaches, who are skilled in amicable dispute resolution. ResoX is thus an attempt to meet the needs of a world that has gone through a traumatic shared experience in the last 2 – 3 years. By leveraging on technology and how it has shaped consumer behaviour, Linda hopes to connect disputants with professionals who will guide them towards cost-effective resolutions.
Linda is trained and accredited in psychology and mediation by Regents University London.
ResoX website
Connect with Linda Heng on LinkedIn
Connect with Veronica Cravener on LinkedIn
Thursday Mar 09, 2023
Thursday Mar 09, 2023
As a mediator, do you offer a bundle of services? Have you ever considered adding conflict management coaching as a service in addition to your current services (e.g. mediation and mediation training)? Guest, Cinnie Noble--founder of CINERGY® Coaching--comes back on the show to chat with Veronica about the business development side of adding conflict management coaching as a service. Episode highlights include a discussion of the following:
Who are clients that seek conflict management coaching?
What skills are needed in order to get clients as a conflict management coach?
How do conflict management coaches charge for their services?
What are some ways to introduce conflict management coaching as an additional service?
For an introduction to conflict management coaching, check out Cinnie's first appearance on the podcast: What Mediators Should Know About Conflict Management Coaching with Cinnie Noble [Ep. 14]
About Cinnie:
Cinnie Noble is the founder of CINERGY® Coaching, a division of Noble Solutions Inc. A former social worker and lawyer, Cinnie is a Chartered Mediator (C.Med) and coach (PCC) who has studied and practised a range of conflict management services for over 20 years.
Connect with Cinnie:
https://cinergycoaching.com/
Connect with Veronica:
https://www.linkedin.com/in/veronicacravener/
https://www.mediate2achieve.com/