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Category: Civil

Mediation Isn’t Always About Money author.

Mediation Isn’t Always About Money

Two large corporations entered into a contract to do business together. But, almost immediately, the agreement dissolved into disagreements, a...

By Charles Schneider
Van Winkle: An Unintended Consequence of Zoom Mediations author.

Van Winkle: An Unintended Consequence of Zoom Mediations

Originally published in The Indiana Lawyer. Abstract: The suspension of the in-person attendance requirement for mediations has resulted in remote...

By John R. Van Winkle
ICODR Podcast Episode 15: Professor Orna Rabinovich-Einy of the Faculty of Law at the University of Haifa. author.

ICODR Podcast Episode 15: Professor Orna Rabinovich-Einy of the Faculty of Law at the University of Haifa.

In this episode of the ICODR podcast, Ian interviews Professor Orna Rabinovich-Einy of the Faculty of Law at the University...

By Orna Rabinovich-Einy, Ian MacDuff
Reflections on Civility and Ethics author.

Reflections on Civility and Ethics

This article discusses some civility and ethical issues we experience in our professional practices. While accepting the Republican presidential nomination...

By Lee Hornberger
Mediate.com – A Pictorial History 1996-2022 author.

Mediate.com – A Pictorial History 1996-2022

Here is a slide show showing how the Mediate.com site has looked over the years. Our original site needed to...

By James Melamed, J.D.
Lessons Learned from the Implementation of a Video Eviction Mediation Program in Uncertain Times author.

Lessons Learned from the Implementation of a Video Eviction Mediation Program in Uncertain Times

This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration...

By Jennifer Shack
Privileged Remarks author.

Privileged Remarks

Nondisparagement clauses are commonly used in settlement agreements. Some clauses are simple one-liners such as “The parties agree not to...

By Michael Diliberto
Self-Care author.

Self-Care

The real story of healing As mediators and people working at the front line of conflict it can be overlooked...

By Michelle Brenner
Reach for Humanity in Dark Times: The War in Ukraine author.

Reach for Humanity in Dark Times: The War in Ukraine

This is an article about the war in Ukraine by Tatyana Bilyik and Lisa Parkinson with the Ukrainian Association of...

By Lisa Parkinson
Fundamental Attribution Error as a Contribution in Motor Vehicle Accidents author.

Fundamental Attribution Error as a Contribution in Motor Vehicle Accidents

In our time pressured society in North America, most people feel that they are on a treadmill running as quickly...

By Bruce Ally
How to Work Effectively with Your In-House Counsel author.

How to Work Effectively with Your In-House Counsel

CPR Speaks BlogDuring the 2021 CPR International Conference, held online Oct. 6-7, CPR’s Young Leaders in Alternative Dispute Resolution Steering...

By Caryn Cridland, Mylene Chan
Court Ordered Mediation and Informed Consent author.

Court Ordered Mediation and Informed Consent

PGP Mediation Blog by Phyllis G. PollackStandard I of the Model Standards of Conduct for Mediators is entitled “Self-Determination” and...

By Phyllis Pollack
The New Plan for the Academy of Court-Appointed Masters author.

The New Plan for the Academy of Court-Appointed Masters

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe problem with chickens and eggs isn’t which one comes first. ...

By Merrill Hirsh
Don’t Chalk My Tires, Or Why Mediation is Not Appropriate author.

Don’t Chalk My Tires, Or Why Mediation is Not Appropriate

PGP Mediation Blog by Phyllis G. PollackIn May 2019, I posted a blog discussing the creativity of lawyers and “out of the...

By Phyllis Pollack
Multi-Jurisdictional Issues in Online Mediation author.

Multi-Jurisdictional Issues in Online Mediation

Multi-Jurisdictional Issues in Mediation With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element...

By Melissa Kucinski
Mediation and Lawyers author.

Mediation and Lawyers

A common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am...

By Oran Kaufman
Who Should You Call When in Conflict? author.

Who Should You Call When in Conflict?

What is the difference between counseling, conflict coaching, conflict consulting, and mediation?  How do you figure out the most appropriate...

By Janet Chance
Charting a Middle Course for Court-Connected Mediation author.

Charting a Middle Course for Court-Connected Mediation

Indisputably The majority opinion in the Breslin case led me to write my piece, Courts Should Make Mediation Good Samaritans Not Frankensteins, which led the...

By John Lande
Certainty Does Not Equate to Accuracy! author.

Certainty Does Not Equate to Accuracy!

PGP Mediation Blog by Phyllis G. PollackIn the past, I have discussed studies on the unreliability of witness identification of...

By Phyllis Pollack
Retaining Your Assets in Divorce author.

Retaining Your Assets in Divorce

Divorce Done Differently by Denise French After years of working with those going through divorce, we have found individuals with...

By Denise French, MAFF, CVA, CDFA, CRPC
Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODR author.

Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODR

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.The Pew Charitable Trusts has published...

By Susan Yates
City Commissioner Commends ISCT Staff Member for Work on Police Reform Initiative author.

City Commissioner Commends ISCT Staff Member for Work on Police Reform Initiative

It is no exaggeration to say that the success of the Working Group in coming up with three sets of...

By Dan Simon, Lydia Vanderkaay
“Noise” is not Bias! author.

“Noise” is not Bias!

PGP Mediation Blog by Phyllis G. PollackI learned a new term recently: noise. Not “noise” as in a room full...

By Phyllis Pollack
A Mediator’s Guide to Claims Reserves in the Insurance Industry author.

A Mediator’s Guide to Claims Reserves in the Insurance Industry

JAMS ADR Blog by Chris PooleMediators may encounter a reluctance to settle by one or both parties during the course...

By David Brown
Mediation and Access to Justice for All: The Case of Unrepresented Parties author.

Mediation and Access to Justice for All: The Case of Unrepresented Parties

Legal systems round the globe are grounded in the rule of law and in theory, justice is available readily and...

By Bongkiyi John Paul
Announcing the Launch of the New and Improved Arbitrate.com author.

Announcing the Launch of the New and Improved Arbitrate.com

Introducing the New Arbitrate.com! After many months of work, we are very proud to announce the launch of the new Arbitrate.com, sporting...

By Amy Schmitz, Colin Rule
[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment author.

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

JAMS ADR Blog by Chris PooleIn a recent podcast produced by the National Association of Women Judges (NAWJ), Richard Birke, executive...

By Richard Birke
CEDR’s Eileen Carroll: Her Mediation Story author.

CEDR’s Eileen Carroll: Her Mediation Story

F. Peter Phillips, director of New York Law School’s Alternative Dispute Resolution Skills Program, welcomed an online audience earlier this month...

By Antranik Chekemian
Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly author.

Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly

Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly Most settlement agreements provide that the entire action shall be dismissed...

By Michael Diliberto
Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations author.

Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations

JAMS ADR Blog by Chris PooleAs a JAMS mediator, I believe that one of the best ways to assist parties...

By James Ware

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