Mediation Partners
Scott Baroway

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Workplace Articles

Archived Content: ADA | Employment | System Design | Workplace

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Bully Boss Or Just A Tough Cookie? (8/30/10)
Jeff Thompson
I came across this great article by Kathleen Schulweis posted at www.Examiner.com. It details how managers should look internally and at themselves when there seems to be conflict with those who work under them.


US MSHA Unveils Pilot Mediation Program (8/30/10)
Victoria VanBuren
The U.S. Mine Safety and Health Administration (MSHA) just launched a pilot mediation program. Here are the details:


Preparing For Mediation: How In-House And Outside Counsel Can Collaborate To Maximize Results (8/02/10)
Gilda R. Turitz
As mediation is increasingly used to negotiate settlements of corporate litigation, in-house and outside counsel must collaborate at every phase of the process and prepare thoroughly for mediation to maximize the likelihood of a favorable settlement. Timing, mediator selection, calculation of liability risks and damages, non-monetary issues, advance document preparation, and having the right people at the mediation are all factors for collaboration.


Are People Losing Out Because Mediation Is Voluntary? (7/26/10)
Katherine Graham
I have for many years been a lone voice in the workplace mediation world in advocating the use of mandatory mediation.


The Iron Fist Of Dysfunctional Managers (7/19/10)
Lorraine Segal
All supervisors and managers need to ensure that employees are getting their work done. But, in many workplaces, especially service oriented ones such as hospitals, schools, and non-profit social service agencies, iron fisted approaches backfire. Rather than improving the productivity and smooth functioning of the organization, they frustrate and burn out the most competent and dedicated workers.


National Relations Board Issues Guidelines For Employers Arbitration Policies (7/12/10)
Victoria VanBuren
On June 16, 2010, the National Relations Board issued a Guideline Memorandum addressing the legal framework to use in employer’s mandatory arbitration policies. The Guideline Memorandum includes the following principles:


Is It Time To Stop ‘Bullying’? (7/12/10)
Tim Kingsbury
I’ve been thinking for a while that the term ‘bullying’ may be becoming less and less useful. We all know it goes on around us, we all know people who have been damaged by it, and the scale of workplace bullying is worrying. To give just one indication of scale, at a recent conference[1] Gill Dix of ACAS said that the ACAS Helpline receives 74,000 calls annually about bullying and harassment.


EEOC Adds 200th Large Employer to Mediation Program (7/12/10)
Keith Seat

CVS Caremark is the 200th large employer to join the U.S. Equal Employment Opportunity Commission’s (EEOC’s) Universal Agreement to Mediate (UAM) program to mediate workplace discrimination disputes. The CVS Caremark agreement is nationwide, while some UAMs are regional. In addition, EEOC district offices have entered into more than 1,500 local agreements to mediate with large employers. Under the EEOC’s UAMs, discrimination complaints filed with the EEOC will be sent to the agency’s mediation unit and to a designated company contact for mediation prior to EEOC investigation or litigation. The EEOC encourages mediation in order to improve the agency’s overall effectiveness, while helping companies and employees reach better outcomes. The EEOC mediation program is one of the largest of its kind, with about 12,000 mediations a year.

OHS online.com (July 5, 2010)


Mediation on TV (7/12/10)
Keith Seat

In the fictional, but undoubtedly influential world of NBC’s The Office, a mediator is brought in to resolve a contract dispute between characters Dwight and Angela to produce a child. The mediator apparently determines the legitimacy of the contractual arrangement between the parties who then reach a sexual solution to their conflict that may be unique in real life contract disputes.

Frothy Girlz.com (May 15, 2010)


The Need For In-House Mediation Supervisors (6/28/10)
Lesley Allport
At CMP Resolutions we recognise the crucial, complex role of the Mediation Supervisor. Our unique training programme explores the multi functional nature of this position; from supporting mediators to grow and develop through reflection on their experience, to taking organisational responsibility ensuring the delivery of high quality, consistent practice.


"Winning" Workplace Arguments Is Really Just Consensus Building (6/28/10)
Victoria Pynchon
In Workplace Negotiating Secrets From Bethenny's Shrink over at Forbes.com, Xavier Amador, the therapist on Bethany Getting Married? gives his "secrets" for "winning" workplace arguments. What Amador suggests (below and at the link) is really just collaborative interest-based negotiation, but his catchy acronym - LEAP - is a good one to remember for all negotiations, whether you're brokering peace in the Middle East or getting your guy to put the toilet seat down. If you read the article, and I highly recommend doing so, you'll see that no one is "winning" any "argument." Rather, people are finding ways to accomodate all of their needs simultaneously.


Are ANTs Causing Conflict at Your Job? (6/21/10)
Lorraine Segal
Despite the picture, I’m not talking about conflict and little marching insects, but the other kind of ANTs–Automatic Negative Thoughts–marching inside your head.


Good Conflict/Bad Conflict (6/07/10)
Lorraine Segal
Unless you are a conflict resolution specialist, chances are when you hear the word “conflict”, you cringe and think of something horrible that happened at work or out in the world. Negative examples of conflict are everywhere: just turn your TV on to almost any sitcom, talk show, reality show or news program to see people acting out their conflicts in the worst way possible.


Four Reasons Why Your (Supposedly-Lousy) Boss Avoids Conflicts (5/31/10)
Vivian Scott
Is it just me or do some managers have a special knack for looking the other way when it comes to bad behavior and conflict on the job?


The Injury Of Mobbing In The Workplace (5/24/10)
Lorraine Segal
Mobbing, although sometimes mischaracterized as workplace conflict, is actually a pernicious and dangerous workplace injury. It isn’t as common as individual bullying, because it tends to occur only to tenured college/school faculty, or to employees in the hospitals, factories, and other workplaces that have strong union or seniority systems. But those of us who have survived a mobbing will never forget it.


The Power Of The Past In Workplace Conflict (5/10/10)
Lorraine Segal
Is it more helpful to remember or forget past workplace conflict? The famous line from George Santayana, “Those who do not remember the past are condemned to repeat it,” tells us remembering is crucial. But in the current issue of Conflict Resolution Quarterly, Barbara Tint opined the opposite; that remembering major conflicts makes them persist. In my experience, either can be true in the workplace, depending on how and why we remember.


Workplace Conflict And The Inner Teenager (4/26/10)
Lorraine Segal
Ever felt like you or your coworkers or bosses were acting or talking like difficult teenagers? You know what I mean, the sullen shrug, the denial, the endless willingness to argue, the sudden fits of temper? This kind of energy can be challenging and frustrating to deal with, especially when you are supposed to be working with adults.


Chasing Institutional Gratification At Work (4/12/10)
Lorraine Segal
We all enjoy recognition from our peers and supervisors, and in an ideal workplace we’d be appreciated for each accomplishment. But, if our only source of work satisfaction is professional awards, we could be setting ourselves up for resentment, conflict, and competition at work that has little or nothing to do with our competence.


Susan Carpenter: Concerns for the Field - Video (4/05/10)
Susan Carpenter
Susan Carpenter shares the concerns she has for the field of public policy mediation including training, use of concepts, and lack of sharing knowledge.


Computer Engineer Barbie And Workplace Gender Conflict (3/29/10)
Lorraine Segal
Computer Engineer Barbie just arrived with lots of publicity, but does this signify the end of gender conflict and discrimination at work?


Zena Zumeta: Spiritual Side to Mediation - Video (3/19/10)
Zena Zumeta
Zena Zumeta speaks to the spiritual dimension of the work she does - how helping people learn how to respectfully and effectively be a part their workplace and family is a sacred task.


The Fun Theory And Workplace Motivation (3/15/10)
Lorraine Segal
Can fun be an effective motivator at work? It might, according to a recent psychology study reported by David DiSalvo. In the study, researchers first assessed participants as high or low achievers and then gave them a series of 5 computerized tests. Their computers flashed various achievement-oriented cues for the first 4 tests, and, predictably, the higher achievers performed better.

ABA 2010 Mediation Video Contest Winner - Considering Mediation (3/15/10)
ABA Section of Dispute Resolution
The ABA Section of Dispute Resolution announced the 2010 winners of its First Annual Mediation Video Contest. The First Prize Winner was “Consider Mediation.”


Q & A With Charles L. Howard (3/08/10)
Jeff Thompson
I recently interviewed Charles L. Howard, author of The Organizational Ombudsman. I discussed with Chuck (he let me call him that) different aspects of the book, his motivation and how it can help you- if you are an ombuds, conflict professional, or someone interested in creating an ombuds office for your university or organization.

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