The Sale-Leaseback with the Right of Repurchase by Dr. Saul Larner, Ph.D., LL.M., MBA An effective tool for the mediator to use when bringing a settlement agreement to a conclusion. In divorce, there are usually too many financial needs that are still present when the money runs out. No one has come up with a solution, and everyone thinks that there is no solution unless there is a significant lifestyle change, which neither party is willing to accept. As divorce professionals, we spend significant time at the drawing board without giving up hope prior to meeting with our clients pointing out that we recognize that they have explored their options. Then we give them one more potential solution for them to evaluate. From the real estate perspective, there are many variables, and we must evaluate the possibilities from many perspectives. What are the priorities, and what do we need to do to get there? We are going to discuss one case where the goals, needs, hopes, and wishes of a divorcing couple were able to become part of a settlement agreement with few regrets later, and brought them unexpected peace and harmony. Strategy requires thought, creativity, and planning, and I equate it with the words of Shakespeare. I follow these words in every mediation preparation I encounter. “We first survey the plot, then draw the model; And when we see the figure of the house, Then we must rate the cost of erection, Which if we find outweighs ability, What do we do then, but draw anew the model.” William Shakespeare, King Henry 1V, Part 2, Act 1, Scene 3 Case History Joe and Sally decided to get divorce, mainly because of infidelity. As with most divorces, the main conflict is with the division of the home. The first step…
Category: Articles
A collection of four articles from the Spring 2016 Newsletter of the Academy of Professional Family Mediators that conflict resolution professionals may find interesting: Next Generation Now, How Family Law Attorneys Can Advocate for Clients By Educating Them About Children The Ethical Edge, Confidentiality Under Fire Legal Stuff Matters, Review of “The Divorce Dance” by Financial Planner Stan Corey The Possible Use of Music by Family Mediators, by Peter Yarrow, The Professional Family Mediator, Spring 2016 Bonus: articles on building your mediation practice: ABA 2011 tips (James McGuire) ABA 2008 tips (Lee Jay Berman) Mediate.com tips
In this article, David Smith summarizes his case about nurturing our youth as peace builders and conflict resolvers through indirect action: “It is in indirect action fields where the vast array of occupations that contribute to a functioning and vibrant society can be found: healthcare, business, the arts, science and technology, government, education, military service, and not for profit work. Indirect action careers are those where the prime objective is not necessarily resolving differences or building peace, but might though come about as an important by-product, and as a result improve conditions for those in need. The emergency room nurse who needs to comfort loved ones after trauma or must help foster better understanding between family members, or the athletic educator who comes to realize that there is a need to provide students with cooperative based activities rather than competitive ones, are both engaging in indirect action…. By helping young people recognize that peacebuilding and conflict resolution work can take place in every profession, we provide students with realistic and achievable goals. In addition, we ensure that the values of conflict resolution are inculcated across the career spectrum. We want every young person entering the labor market to believe that their skills in dealing with conflict will be appreciated where they start their careers…. For those of us seriously engaged in the work of peace, we need to make a priority spending time with youth of all ages to show them the possibilities of making a professional life in advancing the resolution and transformation of conflict. In this way, we are ensuring that there will be a cadre of dedicated professionals following us committed to the values of peacebuilding. This is an important legacy for us all. David J. Smith is the author of Peace Jobs: A Student’s Guide to Starting…
If you are hoping to expand your conflict resolution horizons, develop your online mediation capacity, and increase your potential for future income, all while elevating the conflict resolution skills of our younger generations, Online Peer Mediation might be your garden to cultivate. According to Peer Mediation Online as of Tuesday, May 10, 2016: THE NEED FOR ONLINE PEER MEDIATION Since the mid 1980s peer mediation has been the most commonly used conflict resolution education program in the United States. Research indicates that as many as 25% of US schools have had peer mediation programs serving grades 3 to12 and many programs in large urban districts are districtwide. However, three important changes in the educational and social context now suggest the need for an online version of peer mediation. 1 Significant and Increasing Online Public Education In formal educational contexts (K through 12) the increase in online schools has skyrocketed. Approximately 3 million K through 12 students are now enrolled in free, online public schools, which are not served by peer mediation. 2 Prevalence and Preference for Online Communication Current schoolage generation prefers to communicate online. For the millions of students in conventional K through 12 schools, community groups, or youth organizations, online peer mediation opportunity is more congruent with their use of social media and communication technology. 3 Global Peer Mediation Growth Peer mediation programs have been growing not only in the United States, but also around the world. In fact, much of the increase in peer mediation since 2000 has happened in Europe, Australia and South Asia. ONLINE PEER MEDIATION PLATFORM (OPMP) For the reasons listed above, in December 2014 the JAMS Foundation funded this Online Peer Mediation Platform (OPMP), a 2-year project initially managed by the Association for Conflict Resolution, and now managed by the Association of Peer…
Check out Amrita Mallik’s (ACRH Board Member and a Mediator on the Distinguished Panel of Neutrals at Dispute Prevention and Resolution) latest post: The Modern Era of Diversity and Inclusion in the Workplace: What Google’s Project Aristotle Teaches Us About High Functioning Teams Amrita Mallik’s practice includes: Mediations * Facilitations * Workplace Investigations * Coaching * Effective Communication Skills Training * EEO and Diversity and Inclusion Consulting and Training See Amrita Mallik’s profile
*Article originally published at Mediate.com. See the original article here. by Giuseppe Leone December 2015 During Cyberweek 2015, an annual conference on Online Dispute Resolution (ODR), I attended a webinar titled “The African Union and Prospects of ODR in Africa”. Ijeoma Ononogbu, Morenike Obi-Farinde and Ayo Kusamotu, three attorneys and ADR practitioners in Nigeria, presented the challenges and opportunities for ODR in their continent. In short, the good news is that more and more people in Africa now use every day mobile devices (e.g. iPad, iPhone, Android tablet or smart phone) in their home or office. The bad news is that only few people know what ODR means, and how it can help them resolve disputes quickly and inexpensively. During the webinar Q&A session, I made some comments related to online mediation – one form of ODR and a field that I have some experience in, having run hundreds of online mediation simulations in 9 languages with mediators from 30 countries. I pointed out to the webinar presenters that, in my view: >>If the idiom “Seeing is Believing” applies to Africa as well, it is much better to show what online mediation means and how it works – rather than just talk about it. >> Online mediation should be shown in as many languages (or dialects) as possible. In Nigeria, for example, in addition to English, their “official” language, there are three other major languages: Hausa, Igbo and Yoruba. A few days after Cyberweek, during a video conference with Morenike Obi-Farinde and three other Nigerian mediators interested in online mediation, we came up with a 2-step plan. STEP 1 – I will set up, run and video record an online mediation simulation of a commercial case in English, with the participation of 3 mediators playing the mediator’s and the parties’…
Mediate.com has published How Agatha Christie Helped Me Be A More Effective Mediator – an interesting article written by ACR Hawaii member Elizabeth Kent. Elizabeth is a facilitator and mediator, teaches a graduate class at the University of Hawaii in systems design, and provides training in dispute resolution. She is also former Director of the Hawaii State Judiciary’s Center for Alternative Dispute Resolution.
In celebration of their 20th year, Mediate.com has launched an interesting project, called “The Mediation Futures Project”. In short, they are gathering future-focused thinking from mediation leaders, practitioners and programs in these mediation sectors. Mediation Generally Civil Commercial Community Divorce & Family Elder Health Care International Online Dispute Resolution Public Policy Workplace Youth Contributions to the Mediation Futures Project are accepted in the form of articles or videos. Here are some contributions posted on the Mediate.com website: ARTICLES Predicting the Future of Mediation by Peter Adler Our Mediation Future by Sam Imperati The Future of Mediation: Mediators As Problem Finders, Makers, and Designers by Tammy Lenski A Future of Social Technology In Support of Peace & Justice by Colin Rule The Future of Alternative Dispute Resolution by Jerry Barrett VIDEOS Doug Noll Discusses the Future of Litigated and Non-Litigated Mediation by Douglas Noll To learn more about this Mediate.com project and how you can submit your own article or video click here
Mediate.com has recently published Predicting the Future of Mediation, an interesting article that Peter Adler wrote because he could not possibly “resist an invitation from Mediate.com to opine on the future of something near and dear to my heart and happily rekindle some old quarrels with colleagues”. Peter Adler directs ACCORD3.0, a group of independent consultants specializing in foresight, fact-finding and consensus building. He is the former President and CEO of The Keystone Center and has held executive positions with: The Hawaii Supreme Court The Hawaii Justice Foundation The Neighborhood Justice Center of Honolulu (later known as the Mediation Center of the Pacific) Peter is also the author of Eye of the Storm Leadership and is a member of ACR Hawaii.
ACR Hawaii member Thomas DiGrazia is a Peacemaker, Lawyer and Director of the Mediation Center—Windward Oahu. He is an Adjunct Professor at Hawaii Pacific University, teaching graduate classes in Mediation and Conflict. To read or print his “Brain Science and Conflict” article, which is taken from his soon to be published new book (Chapter 4) “Light On Peacemaking”, click here