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Category: Legislation

Canada’s Proposed Privacy Bill C-36 author.

Canada’s Proposed Privacy Bill C-36

By Robert Bergman, CEO of Southwest Management Technology Canada’s proposed Bill C-36 represents one of the most significant privacy law...

By Robert Bergman
A Primer on Remedies in Arbitration author.

A Primer on Remedies in Arbitration

Background This article provides information on various types of remedies that may be available during arbitration. While it is impossible...

By Earlene Baggett-Hayes
Mediator Proposals: Timing, Function, and the Risk of Premature Use author.

Mediator Proposals: Timing, Function, and the Risk of Premature Use

Mediator proposals are a well-established tool within the mediation process, often relied upon when negotiations appear to stall or when...

By Jason Hisey
Is the AI Governance Problem Really a Human Governance Problem? author.

Is the AI Governance Problem Really a Human Governance Problem?

The dominant way people talk about artificial intelligence, especially lately after the explosion of generative models and the uneasy scramble...

By Robert Bergman
Med-Arb: Benefits, Risks and Safeguards author.

Med-Arb: Benefits, Risks and Safeguards

Introduction Med-Arb combines mediation and arbitration into a single, seamless alternative dispute resolution (ADR) process that blends collaboration and flexibility...

By Laura Athens
The Power of Yes/No: When Closed-Ended Questions Enhance Mediation author.

The Power of Yes/No: When Closed-Ended Questions Enhance Mediation

The value of both open-ended and closed-ended questions in mediation lies in their complementary roles. While open-ended questions dominate mediation...

By Kim Faircloth
Does a Mediator Blow Privilege By Using AI? author.

Does a Mediator Blow Privilege By Using AI?

The Question? Last week a California colleague forwarded me the following question. If I as the mediator put confidential case information...

By Ron Kelly
Moral Emptiness, Sexual Offending, and Neutrality in Mediation: Reflections from Theatre and Practice author.

Moral Emptiness, Sexual Offending, and Neutrality in Mediation: Reflections from Theatre and Practice

This essay examines the intersection of sexual offending, moral absence, and professional neutrality through the lens of both theatrical performance and real-world...

By Ron Berglas
Protection Is More Than Paper: A Frontline Reflection on Ontario’s Missing Protection-Order Legislation author.

Protection Is More Than Paper: A Frontline Reflection on Ontario’s Missing Protection-Order Legislation

In mediation work, safety is the invisible foundation. If it is present, families can negotiate. If it is absent, every...

By Rachel Graycliff
Anti-Suit Injunctions in West Africa: A Tool for Strengthening Arbitration or an Obstacle to Enforcement? author.

Anti-Suit Injunctions in West Africa: A Tool for Strengthening Arbitration or an Obstacle to Enforcement?

The issuance of anti-suit injunctions in international arbitration is still a controversial topic regarding its compatibility with national legal systems...

By Davi Ferreira Avelino
Can Mediation Ease the Debt Recovery Crisis in Bangladesh? A Critical Evaluation author.

Can Mediation Ease the Debt Recovery Crisis in Bangladesh? A Critical Evaluation

“An ounce of mediation is worth a pound of arbitration and a ton of litigation!” — Joseph Grynbaum The banking...

By Md. Ala Uddin
The White House AI Action Plan author.

The White House AI Action Plan

Special Note: Unlock Smarter Dispute Resolution! Join Next Level Mediation 4-part Webinar Series beginning September 15, 2025 to master AI-augmented...

By Robert Bergman
The 3 New AI Directives from the Administration author.

The 3 New AI Directives from the Administration

1. Filtering “Woke AI” from Federal Procurement This order bans the federal government from acquiring any generative AI models that...

By Robert Bergman
The Trilogy of the Italian Mandatory Mediation Law from the 7th century BC to 2025, including Artificial Intelligence author.

The Trilogy of the Italian Mandatory Mediation Law from the 7th century BC to 2025, including Artificial Intelligence

2011 - Oua, Organismo Unitario dell'Avvocatura: mediation to be suspended - Second wave of protest by lawyers against compulsory mediation....

By Giovanni Matteucci
Mediation Of Consumer Disputes Through New Mechanism In India: A Ray Of Hope For An Overburdened Judicial System author.

Mediation Of Consumer Disputes Through New Mechanism In India: A Ray Of Hope For An Overburdened Judicial System

Mediation For Settlement Of Consumer Disputes It is a well-worn cliché that India is a litigious nation with a backlog...

By Partha Pratim Mitra, Nehal Ahmad Nadwi
The Importance of Mediation in Dispute Resolutions author.

The Importance of Mediation in Dispute Resolutions

Mediation as an Alternative Dispute Resolution process in Kenya has come of age since its adoption on a pilot basis...

By Peter Kimani Macharia
Does Mediation Training Provide Sufficient Tools for Success? author.

Does Mediation Training Provide Sufficient Tools for Success?

If you are a fan of Mediate.com, you may be familiar with an article I recently published titled “Can Lawyers...

By Bruce Ally
New Regulation of California ADR? author.

New Regulation of California ADR?

Los Angeles, California, United States. City Hall building. Do you want to know how the author of a new law...

By Ron Kelly
Mediation in Modern China author.

Mediation in Modern China

Mediation has been part of China’s cultural fabric for thousands of years. The process of a respected neutral assisting parties...

By Rama Subramanian
Will You Become a California State Bar Certified Provider of Mediation Services? author.

Will You Become a California State Bar Certified Provider of Mediation Services?

Pursuant to California Senate Bill 940 by Senator Tom Umberg, the State Bar of California will be  offering certification to...

By Ron Kelly
The New Michigan Uniform Power of Attorney Act  author.

The New Michigan Uniform Power of Attorney Act 

This article was first published in the Oakland County Legal News on July 30, 2024. The Michigan Uniform Power of Attorney...

By Laura Athens
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

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