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Category: Civil

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
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
The Vanishing Jury Trial and Other Important Lessons for Mediators author.

The Vanishing Jury Trial and Other Important Lessons for Mediators

Thirty years ago this past week, I walked away from my partnership in a San Francisco litigation firm to develop...

By Bruce Edwards
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
Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations? author.

Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?

This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between...

By Ariel Kirzner, Bruce Ally
Review: The Book of Real-World Negotiations author.

Review: The Book of Real-World Negotiations

Many of you may know Josh Weiss as the Co-Founder of the Global Negotiation Initiative at Harvard University and Senior...

By Colin Rule
APFM, NAFCM, MBB & ACR Co-Sponsor National Mediation Policy Act! author.

APFM, NAFCM, MBB & ACR Co-Sponsor National Mediation Policy Act!

The Academy of Professional Family Mediators (APFM), National Association for Community Mediation (NAFCM), Mediators Beyond Borders (MBB) and  Association for...

By James (Jim) Melamed
Canada – Different Levels of Courts Urge the Parties Before Them to Mediate Instead of Litigate author.

Canada – Different Levels of Courts Urge the Parties Before Them to Mediate Instead of Litigate

This article first appeared on Urbas Arbitral, here. In separate cases, the Court of Appeal in Iyad Al-Qishawi Professional Corporation v....

By Daniel Urbas
Virtual Mediation; An Enhanced Process or an Ephemeral Solution? author.

Virtual Mediation; An Enhanced Process or an Ephemeral Solution?

I recently conducted a Webinar interview with Sriram Panchu, one of India's leading mediators, on his experience using "virtual" mediation...

By Bruce Edwards
The Lawyerization of the Mediation Process author.

The Lawyerization of the Mediation Process

Imagine my surprise years ago when I went through North Carolina family financial mediation training and I learned that the...

By Mary Salisbury
When Three Becomes a Crowd author.

When Three Becomes a Crowd

How dispute resolution can help when the courts can’t There appears to be a gradual change from so-called “vanilla” relationships...

By Keri Morris
The Enugu State Multi-Door Courthouse (ESMDC) author.

The Enugu State Multi-Door Courthouse (ESMDC)

The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication...

By Chinwe Egbunike-Umegbolu
Separating the People from the Problem – Colin Rule and the Rise of Online Dispute Resolution author.

Separating the People from the Problem – Colin Rule and the Rise of Online Dispute Resolution

This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a...

By Colin Rule
In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions? author.

In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?

Most civil and commercial private mediators and ADR providers offer their clients a binary choice between a half day mediation...

By Frank Burke
Interview with David Hoffman author.

Interview with David Hoffman

This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of...

By David Hoffman
Recent Court ADA Case Review for Conflict Resolution Practitioners author.

Recent Court ADA Case Review for Conflict Resolution Practitioners

This paper was part of a directed reading assignment for California State University Dominguez Hills, with Dr. Jarrett.  INTRODUCTION It...

By Heather Kennedy
6th Key-Government: Make Mediation a Prerequisite to Civil Litigation author.

6th Key-Government: Make Mediation a Prerequisite to Civil Litigation

Editorial Note: Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s...

By Constantin-Adi Gavrila, Leonardo d'Urso, Manon Schonewille
6th Key-Government: Actively Support UN Resolution 1325  on Women, Peace, & Security author.

6th Key-Government: Actively Support UN Resolution 1325 on Women, Peace, & Security

Editorial Note: Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s...

By Alicia Kuin
Conflict Resolution in the Time of COVID-19–Voices from Seven Continents of the World: Europe author.

Conflict Resolution in the Time of COVID-19–Voices from Seven Continents of the World: Europe

Editor's Note:  In this article series, seven leading mediators and conflict resolution practitioners share their unique voices on three pressing...

By Carla Marcucci, Gregg Relyea

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