Articles by Jim Melamed
Ray Shonholtz: Visionary and Model
It was during the time of Ray Shonholtz transitioning from being the founding director of San Francisco Community Mediation Boards to his founding Partners for Democratic Change that Ray and we worked together. Ray was interested in my thoughts on technology and organizing. He wanted to know how we could help the emerging Eastern European Republics, fresh on the heels of the Soviet Union crumbling. What resulted was the opportunity of a lifetime.    1 Comment

Peter Adler Honored by The Keystone Center
After serving as President of The Keystone Center for a decade, Peter Adler is soon leaving to return to Hawaii. An unauthorized, somewhat scandalous video honoring Peter for his service to Keystone and the world has leaked out and is "must see." This is a touching tribute to one of the world's true leaders, Peter Adler.

Changes to the Mediate.com Directory
Changes are taking place with the Mediate.com Directory. With over 14,000 daily visitors, the Mediate.com Directory is the most utilized mediator directory in the world. Beginning December 20, 2011, only Premium Members will appear in the Mediate.com Directory. Premium Member directory listing opportunities have also expanded, including the ability to include a video in your directory listing.

Occupy and Mediation: Two Movements That Offer One Another Massive Opportunity
Without seeking or wanting to take a political position on whether the Occupy Movement has positively moved critical national discussions forward, or whether it is just a bunch of young folks in need of showers and jobs, one thing is perhaps clear: mediation is emerging as the preferred Occupy dispute resolution process of choice.    5 Comments

The Penn State Debacle Will Surely Find Its Way Into Mediation
In addition to the criminal actions associated with the Penn State sex abuse case, for which there will most likely in time be “plea deals” (negotiated results), it is certain that there will be many private civil actions for damages by the individuals and families that have been harmed. If those cases were to proceed through the courts, with certain appeals, the likely wait time would be 5 years or more. Mediation will surely offer a better option.

A Mediator Marketing Success Story – Kipling Williams: San Francisco Workplace Mediator
Kipling Williams left a successful workplace management career in the Washington D.C. area to move to San Francisco to, of course, follow his heart. Beginning anew in San Francisco presented an opportunity for this web consultant, a sort of “blank slate,” upon which my marketing experiments could be performed. Whatever visibility I could create for Kipling, we could call that our own. It is against this background that I sought to assist Kipling to expeditiously develop his online visibility as a “San Francisco workplace mediator.” I did not expect that we would create Kipling as an outright Google rock star in the process.

Harvey Goldhammer Wins iPad 2 From Mediate.com
Mediate.com recently performed a Web Site Satisfaction Survey and offered a random drawing for a free iPad 2 to encourage participation in the survey. The winner was Harvey Goldhammer. You can here see the happy winner and watch the random selection process!

Mediate.com Celebrates the 400th Issue of The Mediate.com Weekly
Mediate.com is pleased to celebrate the 400th issue of The Mediate.com Weekly by offering these Testimonials. With 2012, Mediate.com enters our 17th year!

Reading the Clouds – Secure File Sharing in ADR Cases
You can now affordably take advantage of your own secure file sharing “cloud” for case collaboration. You can designate secure cloud folders per case, including email notification of new uploads to authorized users. This supports ongoing 365/24/7 attorney and party involvement in ADR cases, with security, elevated services and substantial cost savings.

Welcome to The Mediate Cloud!
Mediate.com is pleased to announce that we have successfully moved all of our servers to "The Amazon Cloud." This move "to the cloud" is essential to support Mediate.com's secure Case Manager and ODR Solutions work. All Mediate web site clients benefit from these speed, reliability and security gains. This is a great time to move your domain hosting and web site to Mediate.com!

How to Get the Most Out of Mediate.com for Free!
Mediate.com offers a remarkable set of resources and opportunities. Here is how you can get the most out of Mediate.com without paying a dime.

Belacord: Guides Serve As Onramp to Mediation Services
Belacord, a new national dispute resolution company, is taking a new approach to the generation of mediation business in offering “guide services.” See www.Belacord.com. Belacord’s concept of offering "guides" may be the best thing since “Fairly Legal” to simulate new awareness of mediation services.

Clarifying the Visibility of Mediate.com Featured Blog Postings, News and Professional Content
I saw some twitter banter recently regarding the "restricted" visibility of Mediate.com Featured Blogs, Mediation Today and Mediation News. My goal here is to clarify things. Specifically, there are no longer any restrictions in accessing Mediate.com Featured Blogs at www.mediate.com/Blogs.

A Passing of the Mediate.com Editorial Torch
After a decade of exemplary service, John Ford, Managing Editor of Mediate.com, is passing the Mediate.com editorial torch to Clare Fowler effective March 1, 2011.    3 Comments

Competition, Collaboration and Integrity at the World Cup – A Missed Opportunity?
As a former soccer player and professional mediator, I now think about the World Cup and soccer in terms of how we interrelate as human beings, focusing on issues of competition, collaboration and integrity. There are many lessons to be learned and a very special opportunity at risk of being missed.

Mediate.com Publishes 300th Issue of Mediate.com Weekly
On November 10, 2009, Mediate.com publishes the 300th issue of The Mediate.com Weekly. The Mediate.com Weekly began as a "monthly" in 1997 under the guidance of Founding Editor John Helie and over time became a bi-weekly and then weekly publication under the leadership of Editors John Ford and Jim Melamed. The Weekly offers Mediate.com's latest articles, news, blogs and resources and is available for Free. Over 15 years, more than 1,000 authors have contributed to The Mediate.com Weekly.

How Mediate.com Benefits Mediators
Mediate.com is in its 15th year and now averages over 13,500 daily visitors. In this article, Mediate.com's CEO summarizes how Mediate.com benefits mediators.

Old Friends, the Internet and Mediation
A short trip to the SF Bay Area this past weekend provided me with an enhanced understanding of how integrated electronic communication has become with the coordination of complex face-to-face events, be that a soccer game, hospital visitation or, perhaps, a difficult mediation.    3 Comments

Preview: "Mediating Divorce Agreement" 15 Hour DVD Course
This is a preview to "Mediating Divorce Agreement," a 15 hour divorce mediation curriculum with Jim Melamed. Full information and ordering are available at www.mediate.com/DivorceAgreement

We Are All Online Mediators
It is my suggestion only that we cease to romanticize face-to-face mediation communications to the exclusion of other mediation communications, as if other (electronic) communications are not just as valuable to the success of the mediation effort.    1 Comment

The Mediation Industry, Qualifications & the Mediate.com Certification Program
It is challenging to have any short discussion on mediation qualifications, the mediation industry and new Mediate.com Certification Program, but I will try.    1 Comment

A View of Mediation in the Future
One topic that is not talked about much is: mediation in the future. Perhaps we assume that the future of mediation is self-defining or that "others" will make good choices. Will courts and agencies be the primary delivery system for mediation? It did not start that way. What about community programs? And what about technology? Mediation may be soon coming to a pocket or purse near you.    4 Comments

Mediate.com Announces Certification Program
After more than a year of development, Mediate.com is now offering a Mediator Certification Program for well trained and highly experienced mediators. Read all the details.

The Mediation Industry: Our Time Has Come
The current use and potential for mediation over the next years is massive. We help people get problems resolved and we do that faster, better and cheaper. The word is out. A silent revolution has taken place. Policy makers don’t even think twice now in favoring, in fact, relying upon mediation. Our culture has changed. We have changed. Our time has come.    4 Comments

Obama, Miracle on the Hudson and a Society of Collaborative Excellence
What are the odds of Barack Obama becoming our President? And what are the odds of 155 passengers surviving a plane crash into the Hudson River? This is not everyday stuff. It is what is possible. It is what is best. Does all this portend a new culture of collaborative excellence?    7 Comments

Leading Dispute Resolution Processes
Here are brief descriptions of the most common dispute resolution processes.

Promote your professional practice in the largest worldwide ADR directory for free
Mediate.com is now, for the first time, offering a Free Basic Membership. Basic Membership provides a free listing in our field-wide ADR professional directory. Mediate.com Premium Membership provides you with an elevated and enhanced directory listing, access to all Mediate.com video content, participation in the "stars" Qualifications Disclosure Program, eligibility for liability insurance, and more. All Members can now indicate organizational affiliations, and there is a new "Search by Organization" feature So, for example, you can now search by the ABA DR Section; ACR; ACCTM, AFCC, IAM and many other international, national, and state associations.

The Evolution and Future of Mediation: Reconnecting with our Activist Roots
The purpose of this article is to recount some of mediation’s past, consider its current state, and offer thoughts on development trends for the future, asking the question whether we are doing “justice” to the “mediation movement” we have created.    1 Comment

Mediation Today Expanded
Mediate.com is pleased to announce the expansion of Mediation Today, our daily news feature. The purpose of Mediation Today is to highlight the daily use and importance of constructive negotiation, mediation and conflict management in our world.

Obama’s Message - Mediation’s Political Triumph
Presidential candidate Barack Obama's main political message represents the absorption of the mediation movement's essential themes at the highest level of national and global politics. This is an accomplishment that should not go unnoticed and one that all mediators, whatever our political leanings, should take great pride in. Obama's candidacy is mediative consciousness' coming out party. Could it be that our work is finally paying off, not only in terms of "miracles in the mediation room," but also in terms of truly improving the way we as humans operate on planet earth? I think so. We are experiencing a popular paradigm shift right before our eyes and mediators and mediative thought are largely responsible.    7 Comments

Jim Melamed Receives 2007 Haynes Award from ACR
Jim Melamed, former AFM Executive Director and co-Founder of Mediate.com, received the 2007 John Haynes Award from the Association for Conflict Resolution at ACR's recent Phoenix Conference.

Mediate.com Celebrates 200th Newsletter
Mediate.com is thrilled to celebrate the 200th issue of The Mediate.com Newsletter. We hope that you agree that this is a notable accomplishment. This article summarizes our accomplishments and includes links to leading resources and some pretty amazing testimonials.

Senior Mediators Release Statement Urging Effective Negotiation Approaches
There comes a time when even mediators will speak up. Mediators are normally quiet, priding themselves on their impartiality and neutrality. Now, however, over 75 of the world's leading mediators have "had enough" and have signed a statement urging that community, national and global leaders engage effective negotiation and mediation approaches.

Here is the text of the Mediators' Statement developed at the recent Senior Mediators Conference in Keystone, Colorado:

Given that the world is confronted with real and perceived threats from several international arenas we, the undersigned, urge that citizens of our nations insist their elected and appointed government officials immediately engage in honest, direct and unconditional negotiations with all authorities and powers who can resolve these pending crises in ways that are equitable and practical for all concerned without sacrifice to national sovereignty or security. As citizens of the world and as professional negotiators and mediators we urge that proven conflict resolution processes be employed now.

For more information and to express your support, see www.concernedmediators.org

Wise Use of the Internet for Mediators
Professionals need a Web site and email address today more than they need stationery and a business card. Hard to believe, but true. This article reviews how you should be thinking about your email and web development and how you can best serve clients online.    1 Comment

So, You Want to be a Mediator?
I find myself regularly asked “what do I need to do to become a mediator?” While I do not pretend to have all of the answers, here are some suggestions for beginning your journey.    14 Comments

Divorce Mediation and the Internet
The Internet is changing the way divorce mediation is practiced and experienced. Learn how the Internet is becoming an ever more integral part of effective and affordable divorce mediation services and programs.

Mediate.com Enters Eighth Year
Mediate.com, founded by John Helie and Jim Melamed, began formal operations January 1, 1996. Mediate.com has continued to steadily grow with 2,253,881 documents viewed in 2002. The typical Mediate.com visitor spends nearly 12 minutes at the site.

20 Concepts & Recommendations for Utilizing the Internet
This article reviews 20 concepts and recommendations to assist you to most capably utilize the Internet in support of your mediation practice.

Featured Mediator Program
Mediate.com is pleased to announce a new Featured Mediator Program for mediators with MediatorDirect listings.

Frequently Asked Questions about Mediation and Negotiation
Jim Melamed answers nine frequently asked questions about mediation and negotiation such as "What is mediation? and "What if I want to be a mediator?". Includes links to further resources.

What is Mediation?
Mediation is defined as a process of assisted negotiations, and its key qualities are described. A good primer for those contemplating mediation.

Email Management and Etiquette
Email is mainstream. For many of us, email rivals the phone and personal meetings as primary means of delivering professional and business communications and services. Understanding email management capacities, options and best practices is in everyone's best interest.

Inventing Options For Mutual Gain
In having a successful conversation a most important factor is finding new options that will give a more satisfactory response to the interests of both you and the other person.    2 Comments

How To Overcome Impasse
As negotiations proceed, Parties sometimes reach an impasse -- often not due to overt conflict, but rather due to resistance to workable solutions or simply exhaustion of creativity. While the impasse might signal that the dispute is unresolvable in mediation, the mediator may believe that a workable agreement is still possible. This article describes some techniques to get negotiations moving.    3 Comments

Integrating The Internet Into Your Mediation Practice
Many, if not most, mediators are already using the Internet to some extent for business promotion and in their practices; use email to communicate with clients and colleagues; send "attached" files with email; know how to highlight text in a file, to change fonts and colors. A large number of mediators now have websites where they describe and promote their services. And many of our clients are even more advanced. Use of the Internet in your practice will soon shift from being an appealing augmentation to being an absolute necessity.    3 Comments

Mediating on the Internet: Today and Tomorrow (part 2 of 2)
Many, if not most, mediators are already using the Internet to some extent to assist in their mediation business promotion and practice. This paper examines Internet opportunities for mediators and mediation participants and suggests that there are unique qualities and opportunities for mediators on the Internet, including cost and convenience.

Mediating on the Internet: Today and Tomorrow
Many, if not most, mediators are already using the Internet to some extent to assist in their mediation business promotion and practice. This paper examines Internet opportunities for mediators and mediation participants and suggests that there are unique qualities and opportunities for mediators on the Internet, including cost and convenience.

What is Mediation?
Mediation is defined as a process of assisted negotiations and its key qualities are described. This is a good primer for those contemplating mediation.    21 Comments

The WWW Main Street of the Future is Here Today
The Internet and World Wide Web are becoming more important every day, including for mediators and other dispute resolution professionals. Professionals are discovering the web as a means of reaching out to clients and other professionals. In short time, we will be having confidential, ongoing, decision-making meetings on the web.

Collaboration and Conflict Resolution In Education
Since most of us grew up in a culture that treats negotiation and conflict resolution as forms of competition, we have much to learn about how concerned parents and school officials can better communicate and resolve conflict.

Maximizing Mediation
Maximization is a mediative philosophy and approach that seeks to assist participants to obtain best possible results, as opposed to barely sufficient solutions. Participants may be assisted to be at their personal best; to most capably problem-solve; and to obtain the greatest possible substantive satisfaction. Maximization is a mediative commitment to assisting all participants to be at their best. Maximization may be mediation at its best and is consistent with a mediator's duty to be impartial. The opportunity for maximization distinguishes mediation.    4 Comments

Building a Successful Mediation Practice
Mediation is an art and a science. It is also a business for many practitioners and programs. Just how do you get a successful mediation practice going? Great tips for establishing a successful mediation practice.    6 Comments

Sample Agreement To Mediate
This sample mediation agreement can be used to review what topics you can expect to be covered. It can also be used as a template for mediators developing their practice materials.

Sample Mediation Ground Rules

Mediators often assist the parties develop guidelines/groundrules to ensure that the communication during the mediation is productive.

Five Steps to Choosing a Qualified Mediator
Because no easy formula can predict mediator competence, the consumer must do some groundwork before selecting a mediator.You can use the Consumer's Guide to Mediation provided by the published by the Alaska Judicial Council, to choose your mediator.





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