New at Mediate.com
The Mediation Miracle
In the past few decades, California has led a national shift in paradigms for family conflict resolution that has freed trial courts to do what they do best—ensure due process of law and serve as the court of last resort.
ODR as an Effective Method to Ensure Access to Justice: The Worrying, But Promising Brazilian Case
After an introduction to the historical aspects of dispute resolution, this article discusses the relevance of Online Dispute Resolution (ODR) methods for a smooth transition to the Internet Age.
Las Medidas Autosatisfactivas, en la Justicia Peruana
Es articulo es un Descripcion de objetivos e identificacion de la institucion.
Building Coalitions and Story Telling
In order to be more effective in mediation, the story of the case must be told just like the unfolding of a movie or book. Like any story, there is a common structure that has a beginning, middle and end and is broken down into three acts.
Mediation vs. Arbitration
This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.
Peacemakers of All Faiths Gather at Ismaili Jamatkhana Plano for Restoring Community Day
This article covers Restoring Community Day held in 2017, including plans for the upcoming Community Day to be held in October 2018.
Justice
As a non-lawyer who teaches in law schools, I have been brought into the “justice” conversation many times. I am asked: How can you be sure your online systems will deliver justice?
New California Law Requires Informed Consent to Mediation
On January 1, a new California law will take effect; it will require a lawyer to make sure their client understands the implications of California's legal protections for mediation communication.
Interview with Randy Lowry
This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.
Do We Need to Raise Our Voice?
"Keep calm and carry on" is generally a mantra I refer to when I am in the mediation room.
Self-Restraint: A Door to True Liberty
When one ignores one’s own emotions, to maintain face, or to increase hopes for immature peace, the likelihood for an unexpected emotional burst, by oneself, or by the other, increases.
Sample Agreement To Mediate
This sample Agreement to Mediate now incorporates the confidentiality of digital communications with participants and their advisors.
The Importance of Trust in the Mediator
In franchise disputes, lawyers and parties who search for mediators drill down on mediators’ professional backgrounds, often paying the most attention to whether potential mediators have previously represented franchisors or franchisees.
Co-Parenting Tips During a Divorce
By following some simple tips and committing yourself to being the best co-parent possible, you can help to ensure your children thrive during and after the divorce.
5 Common Misconceptions Surrounding Family Mediation
The main difference with family mediation is that, opposed to going through lawyers, you are encouraged to speak directly to each other.
Mediation and Conciliation in UAE
Sulh or amicable settlement has a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia.
Finale of Birbrower
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.
The Tax Reform Law Impacts Families
The attached articles highlight further effects of the tax reform, one specifically focused on Prenuptial Contracts, and the second more generally on family financial decisions.
Online Dispute Resolution (ODR) for Lawyers
This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
Addressing Your Child’s Repressed Anger
If a parent wants to set their child up for success, they should strive to teach them how to handle their emotions in a healthy way.
Meditate, Mediate, Medicate: Is there a Difference?
The theme of the article is that while we might be neurologically and sociologically primed to “Fight or Flight”, we can choose another way and thereby reduce the conflict in our lives.
Construction Mediation: Ten Tips for Success
Construction projects often produce disputes. Mediation can help resolve such disputes, quickly, confidentially, and efficiently. This Article offers ten tips for success in mediation.
International Arbitration-Federal Jurisdiction & Provisional Remedies
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
How to Write an Effective Mediation Summary in 6 Steps
Your mediation summary can make the process easier both for yourself, but also the mediator.
Morality and Mediation: Can We Reunite the Children?
In April 2018, the U.S. Justice Department implemented a new “zero-tolerance” policy for the detention and arrest of undocumented immigrants. This article discusses how mediation techniques can be used to handle such a difficult situation.
Interview with Carrie Menkel-Meadow
This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Sample Mediation Ground Rules
Mediators often assist participants to identify guidelines or ground rules to help support productive communications. Here are some sample mediation ground rules participants may want to consider adopting.
Reconsidering How to Honor a Father's Wishes
This article illustrates how a mediator can assist parties to move from their positions to their underlying interests.
Mediation in Juvenile Dependency Court: Multiple Perspectives - Part 2
This article discusses what has been learned over the last few decades about Mediation in Juvenile Dependency Court.
Conflicts over groundwater and aquifers profiled in recently-published book: Advances in Groundwater Governance
This article discusses how cooperation can be enhanced through a transdisciplinary approach to water negotiations, refusing to accept tired cliches and really talking.
Ken Cloke Discusses Political Negotiation - Video
Dispute Resolution leader Kenneth Cloke discusses how we can discuss politics to bring about change instead of division.