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Category: Legislation

Digitizing Justice: The Case for Dedicated Online Dispute Resolution Legislation in India  author.

Digitizing Justice: The Case for Dedicated Online Dispute Resolution Legislation in India 

The integration of technology into the legal framework represents a transformative leap  towards modernizing judicial systems worldwide. In India, a...

By Pitamber Yadav
The Unauthorized Practice of Law in Michigan ADR-A Journey author.

The Unauthorized Practice of Law in Michigan ADR-A Journey

This article was first published in the Oakland County Legal News on May 7, 2024. Introduction In 2023 I was appointed...

By Mike Leib
Harnessing Technology for Dispute Resolution: A critical assessment of India’s ODR Policy 2021 author.

Harnessing Technology for Dispute Resolution: A critical assessment of India’s ODR Policy 2021

Online Dispute Resolution (ODR) has emerged as a promising alternative to traditional dispute resolution methods, such as litigation and arbitration....

By Pitamber Yadav
The Italian Mediation Reform: Elements and Perspectives author.

The Italian Mediation Reform: Elements and Perspectives

Speaking about mediation in Italy can be harder than it seems. Because - with the development, the regulations, and the...

By Sergio Fontana, Marco Imperiale
Developing Mediation Culture in Civil Law Systems: A Tale of Two Countries – Italy & Georgia (Part 2) author.

Developing Mediation Culture in Civil Law Systems: A Tale of Two Countries – Italy & Georgia (Part 2)

Georgia adopted its first mediation law much more recently than Italy. Previously, Georgia had only limited provisions in its Code...

By Chiara Tondini
Developing Mediation Culture in Civil Law Systems: A tale of two countries – Italy & Georgia (Part 1) author.

Developing Mediation Culture in Civil Law Systems: A tale of two countries – Italy & Georgia (Part 1)

Although modern mediation and other out-of-court settlement practices have emerged mainly from common law legal cultures, many civil law countries...

By Chiara Tondini
Judges as Mediators, and the Issues that Won’t Go Away author.

Judges as Mediators, and the Issues that Won’t Go Away

If you were to ask a layman what mediation is, the answer would probably be something along the lines of,...

By Mnotho Ngcobo
Most Effective Use of a Conflict Mode author.

Most Effective Use of a Conflict Mode

Even if you choose to avoid for the right reasons, does it make a difference what you actually say to...

By Ralph Kilmann
Structuring Dispute Resolution Clauses in International Contracts author.

Structuring Dispute Resolution Clauses in International Contracts

The magnifying global economy largely depends on international business to counter uncertainties in global  transactions. A crucial aspect of preserving an...

By Harshitha Ram
Can Lawyers Mediate Proficiently Based on their Training author.

Can Lawyers Mediate Proficiently Based on their Training

While it is true that lawyers are eminently trained in the art of negotiating by virtue of the rigors of...

By Bruce Ally
Critical Analysis of the Mediation Bill (The Other Side) author.

Critical Analysis of the Mediation Bill (The Other Side)

The Perspective Well, we hear a lot about Mediation now a days. This is primarily for reasons emanating from the...

By Sanjeev Ahuja
Forum Video: Considering the Use of NDAs in Mediation Settlements author.

Forum Video: Considering the Use of NDAs in Mediation Settlements

This video and article look at important NDA questions for dispute resolution professionals to consider. https://youtu.be/7Vl8AuJBWgM Mediate.com and Arbitrate.com believe...

By Brian Farkas, Julie Macfarlane, Nancy Welsh, Amy Schmitz, Jody Newman
How To Have an Unsuccessful Mediation author.

How To Have an Unsuccessful Mediation

PGP Mediation Blog by Phyllis G. PollackRecently, I conducted a mediation which from the moment I introduced myself, I knew...

By Phyllis Pollack
Transcendent author.

Transcendent

I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among...

By Charlie Young
Q&A with Hon. Irma E. Gonzalez (Ret.) author.

Q&A with Hon. Irma E. Gonzalez (Ret.)

JAMS ADR Blog by Chris PooleJudge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator,...

By Irma Gonzalez
What Challenges Should the Proposed Mediation Act of India Address? author.

What Challenges Should the Proposed Mediation Act of India Address?

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ directed constitution...

By Sneha Vardhani
The Civil Rights Act of 1964: The Right to Bilingual Mediation author.

The Civil Rights Act of 1964: The Right to Bilingual Mediation

The Mediator Ethics Advisory Committee (MEAC) provides written advisory opinions to mediators concerning interpretations of the Florida Rules for Certified...

By Patrick Mastronardo
A Conversation About Whiteness and Mediation author.

A Conversation About Whiteness and Mediation

Indisputably FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article,...

By Jen Reynolds
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
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
Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice author.

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

“The function, the very serious function of racism, . . . is distraction. It keeps you from doing your work. It keeps you...

By Kenneth Cloke
Proposal for Standard Explanation in Mediation author.

Proposal for Standard Explanation in Mediation

IndisputablySince writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to...

By John Lande
Face and Mediation author.

Face and Mediation

Institute for the Study of Conflict Transformation by Dan SimonWe’ve all heard the phrases “saving face” or “losing face.” How...

By Dan Simon
Global Voices Highlight: A Path to Mediation in the Middle East author.

Global Voices Highlight: A Path to Mediation in the Middle East

Mediate.com is seeking to highlight younger mediators with unique paths in our field. Please enjoy this story of entry into the mediation...

By Mohamad Radwan Al Omar
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
Diversity at the Mediation Table – How Do We Get There? author.

Diversity at the Mediation Table – How Do We Get There?

It is not always automatically bad if the parties at the mediation table are not diverse, because it might for...

By Maria Apostolidou, Melanie Koch
New Mediators’ Guidance from Youth Conference author.

New Mediators’ Guidance from Youth Conference

This article summarizes the Young Minds, Global Voices Conference. This conference was sponsored by mediate.com in May 2021 in an effort...

By Amee Dharamshi, Benjamin Lutz, Clare Fowler, Gwendolyn Myers, Ilan Bass, Jay Patrick Santiago, Jonathan Rodrigues, Lydia Ray, Maria Apostolidou, Melanie Koch, Nisshant Laroia, Olivia Chisom Osuala, Salman Shaheen, Sumhiya  Sallay
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
Progressive Discipline, the Misunderstood Frontier – Part 4 author.

Progressive Discipline, the Misunderstood Frontier – Part 4

Part One Part Two Part Three Given this is our fourth article by way of a recap we remind the...

By Bruce Ally, Maurice Ford
Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-Absorption author.

Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-Absorption

Institute for the Study of Conflict Transformation by Dan SimonWhile debriefing immediately after a co-mediation, an interesting question arose: “Does...

By Robin Brzobohatý, Tereza Hanajová

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