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Category: Legislation

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
A Little More Conversation author.

A Little More Conversation

The next two years present Scotland and the rest of the UK with a unique opportunity. How we conduct the...

By John Sturrock
Proposed Legislation To Do Away With Mediation Confidentiality author.

Proposed Legislation To Do Away With Mediation Confidentiality

On Thursday, February 23, 2012, Assembly Member Wagner introduced AB 2025 before the Californai State Legislature. The proposal seeks to...

By Phyllis Pollack
Do Children Fare Better in a Mediated or Litigated Divorce? author.

Do Children Fare Better in a Mediated or Litigated Divorce?

I recently had the opportunity to meet with a divorced couple and their four children. The children ranged in age...

By Howard Chusid
One Key Difference Between Mediation and Collaborative Law is Often Overlooked author.

One Key Difference Between Mediation and Collaborative Law is Often Overlooked

Dispute Settlement Counsel by Michael Zeytoonian. As a mediator and a collaborative lawyer, I often get asked: “What is the...

By Michael A. Zeytoonian

Bi-Partisanship

Ryan Lizza's article, "The Obama Memos," in this week's New Yorker, contains some inside information explaining how candidate Obama's promises...

By Joe Markowitz
Workplace Mediation Video, ABA author.

Workplace Mediation Video, ABA

Workplace Video 3 minute educational video showing the value of mediation for solving disputes created for the American Bar Association...

By Managing Editor
How Much is your $1,000,000 Case Worth? author.

How Much is your $1,000,000 Case Worth?

What’s your dispute worth – to you and to the other side? It’s hard to imagine settling without knowing the...

By John DeGroote
Trial Organization Part 2: The Trial Box author.

Trial Organization Part 2: The Trial Box

Baltimore Injury Lawyer Blog by John BrattIn Part I, I talked about how useful a set of portable office supplies...

By John Bratt

Hybrid Proceedings

One of the touted benefits of ADR is that it allows parties to design their own dispute resolution process specially...

By Joe Markowitz
Why Does Mediation Often Work Better than Litigation? author.

Why Does Mediation Often Work Better than Litigation?

From the International Center for Cooperation and Conflict Resolution BlogOver seventy years ago, the psychologist Kurt Lewin and his colleagues...

By Peter T. Coleman
Why Mediation is Important author.

Why Mediation is Important

From the blog og Phyllis Pollack The other week I attended the California State Bar Conference. In an early Sunday...

By Phyllis Pollack
Federal Court Orders Arbitration of Claims in BP Oil Spill Case author.

Federal Court Orders Arbitration of Claims in BP Oil Spill Case

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes As readers may already know, litigation surrounding the “Deep Water...

By Victoria VanBuren
Obama and the Middle East – A Mediator’s Perspective author.

Obama and the Middle East – A Mediator’s Perspective

I knew Obama's Middle East speech last Thursday was a bombshell when my 19 year old daughter called me in...

By Denise Tamir
Can a Court Impose Sanctions for Failing to Appear at Court-Ordered Mediation? author.

Can a Court Impose Sanctions for Failing to Appear at Court-Ordered Mediation?

Brett Goodman is a summer intern at Karl Bayer, Dispute Resolution Expert. Brett is a J.D. candidate at The University...

By Brett Goodman

Risk In Litigation

I have nothing substantive to add about the ups and downs of seven years of litigation in the Barbie vs....

By Joe Markowitz
We Are Looking for One Good Town author.

We Are Looking for One Good Town

From Michael Zeytoonian's Dispute Settlement Counsel Blog What if your entire town made an official commitment to practicing legal wellness,...

By Michael A. Zeytoonian
Compliance More Likely if Cases are Mediated author.

Compliance More Likely if Cases are Mediated

From Michael Zeytoonian's Dispute Settlement Counsel Blog Does the way a dispute gets resolved – either through a negotiated out...

By Michael A. Zeytoonian
Wheeler, Terry: Legal Knowledge Helps in Negotiations – Video author.

Wheeler, Terry: Legal Knowledge Helps in Negotiations – Video

Terry Wheeler explains that his legal knowledge helps him in his mediation and negotiation practice by knowing how to interact...

By Terry Wheeler
James Coben: Mediation Skills That Lawyers Should be Taught – Video author.

James Coben: Mediation Skills That Lawyers Should be Taught – Video

James Coben shares types of mediation skills that can be taught to lawyers interested in alternative dispute resolution: listening, conflict...

By James Coben
Jay Folberg: Oregon Allowing Lawyers to Mediate – Video author.

Jay Folberg: Oregon Allowing Lawyers to Mediate – Video

Jay Folberg discusses the rough process of getting the state of Oregon to rewrite its ethical standards so that lawyers...

By Jay Folberg

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