Category: Legal

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
Why Refusing to Mediate and Collaborate Can Be Costly Business author.

Why Refusing to Mediate and Collaborate Can Be Costly Business

Choosing mediation to resolve long and complicated legal wrangles is encouraged across the legal sector and yet, in some cases,...

By Dakota Murphey
A Litigator’s Guide to Mediation Advocacy author.

A Litigator’s Guide to Mediation Advocacy

Reflections on Effectively Achieving Client Goals at the Mediation Table Introduction Litigators too often approach the mediation process with the...

By Sheldon Stark
Conflict Tipping Podcast Episode 11: Mediator and Facilitator Felicity Steadman author.

Conflict Tipping Podcast Episode 11: Mediator and Facilitator Felicity Steadman

In this episode Laura interviews Mediator and Facilitator Felicity Steadman. Felicity's career started out in the turbulent apartheid years in...

By Felicity Steadman, Laura May
In Lichon, Michigan SC changed the test for the scope for Arbitration author.

In Lichon, Michigan SC changed the test for the scope for Arbitration

An age-old inquiry in ADR is under what circumstances must a party’s legal claims be dismissed from court and heard...

By William Gilbride
Chalking: Next Stop – U.S. Supreme Court? author.

Chalking: Next Stop – U.S. Supreme Court?

On three occasions in the past, I have written about a case in Saginaw, Michigan in which the issue was...

By Phyllis Pollack
Is Conciliation in the Resolution of Labour Disputes a waiting room before Adjudication? An Indian Perspective author.

Is Conciliation in the Resolution of Labour Disputes a waiting room before Adjudication? An Indian Perspective

Abstract Conflict of interest is a part of human affairs. Industrial conflict is also human conflict and is one of...

By Prof Dr. J. Mahalakshmi
Wrangling Emotions author.

Wrangling Emotions

Howard Herman gets parties out of battle mode in cases with complex power dynamics After 37 years, including 23 years...

By Howard Herman
An Introduction to Collaborative Construction Contracts for Large and International Projects author.

An Introduction to Collaborative Construction Contracts for Large and International Projects

Where there is construction, there are contracts. Typically, these contracts are obtained through a competitive, hard-bid process, which is often...

By Peter Kamminga
Richard Susskind Keynote for Cyberweek 2020 author.

Richard Susskind Keynote for Cyberweek 2020

https://youtu.be/4PcXmhnfFWg Keynote Discussion with Prof. Richard Susskind, IT Adviser to the Lord Chief Justice of England and Wales (https://www.susskind.com/), presented...

By Richard Susskind, Colin Rule
Speak or Not to Speak author.

Speak or Not to Speak

In the plenary session of a mediation, when you have your first opportunity to directly address your opponent’s decision-maker, should...

By Christopher Kriesen
Mediation for Wedding Vendors and Couples in Singapore author.

Mediation for Wedding Vendors and Couples in Singapore

Ministry of Law in Singapore has provided for ‘free’ mediation for wedding couples and wedding vendors that were affected by...

By Pitamber Yadav
Post Divorce Haunts: Unresolved Issues or Changes in Circumstances Come Back to Haunt Divorced Couples author.

Post Divorce Haunts: Unresolved Issues or Changes in Circumstances Come Back to Haunt Divorced Couples

Divorce agreements tell a story.  The story speaks not only of arrangements for children’s living and times spent with each...

By Dr. Lynne C. Halem
Significant Participation, Agreement Levels Highlight Potential for ODR in Family Cases author.

Significant Participation, Agreement Levels Highlight Potential for ODR in Family Cases

University of California, Davis, Professor Donna Shestowsky and I recently had the pleasure of conducting the first neutral evaluation of any family...

By Jennifer Shack
Inside a High-Profile Plea Bargain Negotiation – Part I author.

Inside a High-Profile Plea Bargain Negotiation – Part I

The New York Times published a fascinating account of the plea bargaining of Allen Weisselberg, the Trump Organization CFO.  This was...

By Cynthia Alkon
Inside a High-Profile Plea Bargain Negotiation – Part II author.

Inside a High-Profile Plea Bargain Negotiation – Part II

I appreciate John’s perspective that it is a shame that the criminal case against Allen H. Weisselberg plead out and did not...

By Cynthia Alkon
A Dollar for Chalking author.

A Dollar for Chalking

In May 2019, I posted a blog about a plaintiff who challenged a parking ticket on the grounds that chalking her tires...

By Phyllis Pollack
Looking Back at the First 18 Months of Arbitrate.com author.

Looking Back at the First 18 Months of Arbitrate.com

Mediate.com launched its spinoff online community Arbitrate.com on March 1, 2021, and the site has made an enormous amount of...

By Indraneel Gunjal, Colin Rule
5 Benefits of Mediation for Family Law Dispute Resolution author.

5 Benefits of Mediation for Family Law Dispute Resolution

As a lawyer, judge, and now mediator, I have handled thousands of cases in multiple areas of the law. I...

By Sherry Klein Heitler
Mediation Evangelism and Other Bubbe-Meises author.

Mediation Evangelism and Other Bubbe-Meises

What is a bubbe-meise? It’s a myth, a fairy tale, an urban legend. Translated from Yiddish, it is literally “a grandmother’s...

By Gary Birnberg
Proposal for A User Friendlier CCP Section 664.6 author.

Proposal for A User Friendlier CCP Section 664.6

Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of...

By Michael Diliberto
Three Alternatives to Custody Mediation author.

Three Alternatives to Custody Mediation

When you are deciding whether to use mediation to resolve your custody dispute, consider these alternatives. If you already have...

By Ben Coltrin
Negotiating Prison author.

Negotiating Prison

From the New York Times, a fascinating article about “prison consultants” and how they can help people heading to prison with sentencing...

By Jen Reynolds
Proposal for A User Friendlier CCP Section 664.6 author.

Proposal for A User Friendlier CCP Section 664.6

Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of...

By Michael Diliberto
The Pandemic’s Silver Lining for the Courts author.

The Pandemic’s Silver Lining for the Courts

The coronavirus has led to inconvenience, case backlogs, and court closures across the nation. Yet thanks to Zoom and other...

By Michael Diliberto
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
Canada – Protracted Costly Litigation Highlights “Perils Of Not Having A Dispute Resolution Mechanism Built Into A Contract” author.

Canada – Protracted Costly Litigation Highlights “Perils Of Not Having A Dispute Resolution Mechanism Built Into A Contract”

This article first appeared on Urbas Arbitral, here. In North Pacific Properties Ltd v. Bethel United Churches of Jesus Christ Apostolic...

By Daniel Urbas
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
Megatrends in Law, Carrie Menkel-Meadow author.

Megatrends in Law, Carrie Menkel-Meadow

This video is presented as part of Mediate.com's 25th Anniversary Conference at www.mediate.com/Mediation2020.Access all Carrie Menkel-Meadow videos here. Carrie Menkel-Meadow...

By Carrie J. Menkel-Meadow

Mediation-A Resource of the Rural Poor in India

This article has taken for its theme, the legal services to the rural poor and other disadvantaged groups. Particular reference...

By D .K. Sampath

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