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Category: Legislation

Is There Good and Bad Mediation Practice? author.

Is There Good and Bad Mediation Practice?

Mediation Blog by Diane CohenWow! I’ve been overwhelmed with work and haven’t posted in months. But I’m back now and...

By Diane Cohen
Survey Shows How Mediation Can Be Successful author.

Survey Shows How Mediation Can Be Successful

Originally printed on Lexology September, 2012We have recently undertaken a survey on workplace mediation in association with Alison Love an...

By Victoria Hall

Liability of Counsel in International Arbitration: Any Changes?

Arbitration BlogA week ago today, it was my privilege to participate in the annual UNCITRAL/VIAC/YAAP Joint Conference, addressing hot topics...

By Lisa Bench Nieuwveld
The Supreme Court and the Future of Arbitration author.

The Supreme Court and the Future of Arbitration

ADR Prof Blog by Andrea Schneider, Michael Moffitt, Sarah Cole,Art Hinshaw, Jill Gross and Cynthia Alkon. At the 2012 AALS...

By Art Hinshaw
“Protect, Respect, Remedy”: What is the Lawyer’s Social Responsibility? author.

“Protect, Respect, Remedy”: What is the Lawyer’s Social Responsibility?

Business Conflict Blog by Peter Phillips The current issue of IBA Global Insight (Feb/March 2013) features an excellent article by...

By F. Peter Phillips
Mediation Saves Mediation in Massachusetts author.

Mediation Saves Mediation in Massachusetts

Just Court ADR by Susan M. Yates,Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.In an appellate mediation over the fate...

By Jennifer Shack
Mediation Case Law Video: Including Arbitration Provision author.

Mediation Case Law Video: Including Arbitration Provision

In Fair v. Bakhtiari, 19 Cal.Rptr.3d 591 (Cal. Ct. App. 2004) the appellate course reversed the trial court's refusal to...

By James Coben
Cost of Small Claims Court vs. Mediation author.

Cost of Small Claims Court vs. Mediation

It is a difficult task comparing the cost of using Small Claims Court versus Mediation to resolve a dispute since...

By Lance Soskin
Compelling Mediation author.

Compelling Mediation

PGP Mediation Blog by Phyllis G. Pollack On January 11, 2013, I posted a blog entitled “A Mediator’s Wish List”...

By Phyllis Pollack
Four Keys to Successfully Mediating Temporary Orders in a Divorce Case author.

Four Keys to Successfully Mediating Temporary Orders in a Divorce Case

Introduction As a practicing family law attorney for 18 years I have participated in many temporary orders mediations in divorce...

By Scott Morgan
Mediators Who Never Say Die author.

Mediators Who Never Say Die

JAMS ADR Blog by Chris PooleNot long ago, I conducted a mediation involving a serious personal injury. Given its severity,...

By Scott Silverman
Compulsory Mediation author.

Compulsory Mediation

Imagine for a moment that mediation is a product—a stain remover—that can be purchased from any supermarket. Almost all who...

By Paul Randolph
History of Warfare, Litigation, and the Mediation Bonus author.

History of Warfare, Litigation, and the Mediation Bonus

Litigation, including arbitration, is not far removed from warfare as illustrated by Napoleon’s invasion of Russia 200 years ago. The...

By Jacques Joubert
The Growing Role of ADR in Multidistrict Litigation author.

The Growing Role of ADR in Multidistrict Litigation

JAMS ADR Blog by Chris PooleThe U.S. District Panel on Multidistrict Litigation (MDL) hears the most complex federal multidistrict cases....

By Chris Poole
Year-End Wrap Up: Are We There Yet? author.

Year-End Wrap Up: Are We There Yet?

Business Conflict Blog by Peter Phillips Some of us have been at the task of providing alternatives to business litigation...

By F. Peter Phillips
In Stunning Move, Los Angeles Courts Abolish Mediation Programs author.

In Stunning Move, Los Angeles Courts Abolish Mediation Programs

In response to brutal budget cuts, the Los Angeles Superior Court is going on life-support at the same time as...

By Victoria Pynchon
Court Mediation Programs: An Endangered Species? author.

Court Mediation Programs: An Endangered Species?

One of the most important aspects of our system of justice is access to the means to achieve a just...

By Donald Cripe
Insecurity in Nigeria: Focus on the Family author.

Insecurity in Nigeria: Focus on the Family

It is good to combat social ills (terrorism, kidnapping, armed robbery and piracy), but we need to do more. There...

By Mary Aderibigbe
How to Handle Expert Witnesses with Disciplinary Charges/Orders author.

How to Handle Expert Witnesses with Disciplinary Charges/Orders

Baltimore Injury Lawyer Blog by John BrattThere has been some controversy recently in the community of Maryland lawyers who handle...

By John Bratt
Defense Research Institute Poll Shows Most People are Confident in the Fairness of Our Civil Courts author.

Defense Research Institute Poll Shows Most People are Confident in the Fairness of Our Civil Courts

Baltimore Injury Lawyer Blog by John BrattA poll recently released by the Defense Research Institute found that an overwhelming majority...

By John Bratt
Is Mediation Overused? author.

Is Mediation Overused?

This article is part of a panel presentation, “Is Mediation Overused?” with Elden Rosenthal and Richard G. Spier, prepared for...

By Richard Spier
Arbitration and Mediation Update | October 2012 author.

Arbitration and Mediation Update | October 2012

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes  The following bills relating to alternative dispute resolution were introduced...

By Victoria VanBuren
Alternatives to Arbitration author.

Alternatives to Arbitration

In Nemecek & Cole v. Horn B233274 2d District July 23, 2012 the court rejected arguments by the losing party...

By Michael P. Carbone
Mass Procedures as a Form of ‘Regulatory Arbitration’ author.

Mass Procedures as a Form of ‘Regulatory Arbitration’

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes Professor S.I. Strong (University of Missouri School of Law) has posted ...

By Victoria VanBuren
MasterCard, Visa Settle Historic Price Fixing Case author.

MasterCard, Visa Settle Historic Price Fixing Case

JAMS ADR Blog by Chris PooleCredit card companies and the banks that issue the cards have agreed to pay merchants...

By Chris Poole
You Could be One of the 7%: Get the Most Out of Every Deal author.

You Could be One of the 7%: Get the Most Out of Every Deal

Someone recently told me that you can’t argue with a story, only with a position or another argument. That’s why...

By Victoria Pynchon
Mediation Confidentiality: Update on AB 2025 author.

Mediation Confidentiality: Update on AB 2025

PGP Mediation Blog by Phyllis G. Pollack On February 23, 2012, Assembly Bill 2025 (ab_2025_bill_20120223_introduced) was introduced in the California...

By Phyllis Pollack
Mediation Lawyering – the New Legal Specialisation author.

Mediation Lawyering – the New Legal Specialisation

International Center for Cooperation and Conflict Resolution It is a fact of life that lawyers will be involved in many...

By Nadja Alexander
Russia’s New Mediation Law author.

Russia’s New Mediation Law

On January 1, 2011 the Russia Duma implemented a Federal law that established a mediation program for settling civil disputes...

By Allan Silberman
Lowering Malpractice Risk through Disclosure author.

Lowering Malpractice Risk through Disclosure

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes The University of Michigan Health System implemented a system to...

By Holly Hayes

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