Justice vs. Fairness and the World of ADR

Justice vs. Fairness

Justice and fairness are words that have found their way to the front of our minds this year in the United States.  The country has been facing increased calls for justice and fairness for all Americans, regardless of the color of their skin or other characteristics.  As the year has continued, many people have had …

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Oath in the Courtroom-Nothing but the Truth

Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court.  A lot of people could probably recite the oath from memory as well.  Yet many people may not understand the purpose of …

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Same Sex Custody Cases

Same Sex Custody Cases

While the rights of gay and lesbian couples to marry were expanded by the Supreme Court in 2015, there are still many issues when it comes to same-sex custody cases.  Cases, where the parents of a child are of the same gender, can have a variety of unique issues that the Courts will have to …

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Jewish Mediation: Historical Insights

Jewish Mediation

Jewish mediation has a long tradition within the religion.  The tradition values peace and law together and sees the value of treating disputes with care and consideration for the other party.  Judaism sees the value that compromise may add to a dispute, but also understands that there are certain limitations on mediations. Because of this, …

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Diary of a Peacebuilding Mission with Tim Pownall

Diary of a Peacebuilding Mission

Peacebuilding is strategic, elusive, complex, and predicated on hope – hope that a collaborative pursuit of common interests will afford a better future for our children. This is nowhere more evident than in the emerging work of faith-based diplomacy. Track two diplomacy is proving to be the sophisticated, cutting-edge, 21st century transactional diplomatic process among …

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Peacemaking

Peacemaking

I use the term peacemaking to describe the values and processes involved in transforming difficult and intractable conflicts. Peacemaking encompasses mediation; however, mediation, especially mediation of litigated disputes, does not necessarily include peacemaking. Knowing the difference is useful because it can influence the processes and interventions used by mediators. Join now to enjoy full access …

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Searching for Truth in a World of Lies and Misconceptions

Searching for Truth

When I started out as a mediator, I soon learned that parties don’t always tell the truth and parties do not always disclose all the facts of a case. Only by exploring areas where the parties don’t want to go, do I find underlying positions driven by undisclosed influences. These may well otherwise remain hidden …

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Negotiation in Practice at Camp David Summit

Israeli Palestine Conflict

The Israeli-Palestinian Conflict is one of the longest running disputes in modern history.  It is a very complex issue which can be traced back to ancient times.  The issue can be analyzed from a geopolitical, religious, cultural, military, diplomatic as well as countless other angles.  However, this paper will focus on the negotiations undertaken by …

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Two Sides to Every Story When Cultures Collide

When Cultures Collide

Growing up as a kid and getting in arguments with my sisters, I always found it amazing how different my version of the story was with my sister’s version of the story when we reaccounted the facts to my Mom.  My Mom took both our versions and crafted a “judgment” whether that be, apologize, go …

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Europe’s Burqa Ban

Burqa Ban

Europe is deeply embroiled in a raging conflict over something quite small and ordinary: a simple piece of cloth that some women chose to wear over their face.  The article is about the clash that is occurring as many European countries ban the burqa.  In France only a few thousand of the 5 million Muslim …

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