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Category: Legislation

ACR Taskforce on Safety: Recommended Guidelines — Final Part 3 in Series author.

ACR Taskforce on Safety: Recommended Guidelines — Final Part 3 in Series

Read Part 2 here C. What to Do in Case of Actual or Threatened Violence ADR practitioners continuously assess the...

By Stephen Kotev
Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business author.

Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business

As a business owner, it’s extremely important to familiarize yourself with dispute resolution and the processes you need to take...

By Jamie Costello
Arbitration Jurisprudence Takes Strange Turn author.

Arbitration Jurisprudence Takes Strange Turn

Business Conflict Blog by Peter PhillipsThe twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour....

By F. Peter Phillips
Pouring a Little Psychological Cold Water on ODR author.

Pouring a Little Psychological Cold Water on ODR

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesJean R. Sternlight, Michael and Sonja Saltman Professor of Law at...

By Beth Graham
Moving Parents – and a Moving Conversation author.

Moving Parents – and a Moving Conversation

Institute for the Study of Conflict Transformation by Dan SimonEmpowerment and recognition shifts can happen between people whose interaction has...

By Dan Simon
Mediation Essentials – Case Study of Delhi High Court Rules author.

Mediation Essentials – Case Study of Delhi High Court Rules

Originally posted at the iPleaders blog.What can you do if you think your case cannot be resolved by mediation? What...

By Amartya Bag
Marriage and Divorce Under The Tax Cuts and Jobs Act of 2017 author.

Marriage and Divorce Under The Tax Cuts and Jobs Act of 2017

As a former practicing CPA, who is now a professional mediator, I pose the following question:  What has TCJA done...

By I. Jay Safier
Ascending the Status of Mediation – Supporting the National Mediation Policy Act author.

Ascending the Status of Mediation – Supporting the National Mediation Policy Act

Ascending the Status of Mediation Supporting the National Mediation Policy Act   By Michael Aurit and Don Saposnek   The...

By Donald T. Saposnek, Ph.D, Michael Aurit
Creating a Winning Mediation Statement author.

Creating a Winning Mediation Statement

Published with permission from the Detroit Legal News.“You never get a second chance to make a first impression.”  The author...

By Gene Esshaki
The “ABC Test” is Retroactive! author.

The “ABC Test” is Retroactive!

PGP Mediation Blog by Phyllis G. PollackIn 2018, the California  Supreme Court  drastically changed the employment law landscape in California...

By Phyllis Pollack
The Role of Mediation in Investor-State Disputes author.

The Role of Mediation in Investor-State Disputes

This article is meant to ease the beginning of a thoughtful and deliberative process involving the parties and investor states,...

By Armita Azad
Mediation vs. Litigation for High-Conflict Divorce author.

Mediation vs. Litigation for High-Conflict Divorce

JAMS ADR Blog by Chris Poole A practicing mediator and retired judge explains why mediation may be a better option...

By Michele Lowrance
Federal Court Sends Data Privacy Dispute to Arbitration author.

Federal Court Sends Data Privacy Dispute to Arbitration

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Northern District of Illinois has ordered a proposed class action...

By Beth Graham
Should Retired Judges Mediate? author.

Should Retired Judges Mediate?

Why use judges to mediate? This is a frequent question and an understandable one, given the relatively high cost of...

By Armita Azad
New California Law Requires Informed Consent to Mediation author.

New California Law Requires Informed Consent to Mediation

New Law. On January 1, a new California law will take effect. It will require a lawyer to make sure...

By Ron Kelly - Arbitrator, Mediator, Trainer
Peacemaking: The Fulfillment of the Legal Profession author.

Peacemaking: The Fulfillment of the Legal Profession

Dispute Settlement Counselby Michael Zeytoonian.Blessed are the peacemakers, for they will be called sons of God. – Matthew 5:9 Earlier...

By Michael A. Zeytoonian
Stop Being a Damned Fool author.

Stop Being a Damned Fool

Indisputably “About half the practice of a decent lawyer consists in telling would-be clients that they are damned fools and...

By John Lande
Findings from an Evaluation of Eight Foreclosure Mediation Programs author.

Findings from an Evaluation of Eight Foreclosure Mediation Programs

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.As I mentioned last month, I...

By Jennifer Shack
Legal Stress author.

Legal Stress

IndisputablyIn a recent post, I described the intense stress that individual and organizational litigants often undergo as a result of...

By John Lande
Scorched Earth Clients: Mediating with High Conflict People author.

Scorched Earth Clients: Mediating with High Conflict People

You have met them if you have been mediating for any length of time. They enter the room with a...

By Darrell Puls
Heartbroken in Pittsburgh author.

Heartbroken in Pittsburgh

Indisputably I thought that teaching the Kavanaugh hearings in a careful and respectful manner a few weeks ago would be the...

By Andrea Schneider
Another Wrong Arbitration Decision in New Jersey author.

Another Wrong Arbitration Decision in New Jersey

Business Conflict Blog by Peter Phillips It’s not often that an excellent court simply misconstrues — or worse ignores —...

By F. Peter Phillips
Why Wouldn’t You Work Together to Solve Your Legal Problem? author.

Why Wouldn’t You Work Together to Solve Your Legal Problem?

Dispute Settlement Counselby Michael Zeytoonian. Collaborate. Collaboration. Collaborative. In the business world, in medicine, high technology, healthcare, engineering, education, aeronautics,...

By Michael A. Zeytoonian
The Mediation Miracle author.

The Mediation Miracle

When mandatory child custody mediation was enacted into California law in 1981, there was great hope that this new way...

By Leonard Edwards
New Mediation Confidentiality Law author.

New Mediation Confidentiality Law

On September 11, 2018, Governor Jerry Brown signed  SB 954 which (when it takes effect on January 1, 2019) will...

By Phyllis Pollack
10 things to think about BEFORE you decide whether to litigate and which lawyer to hire author.

10 things to think about BEFORE you decide whether to litigate and which lawyer to hire

Dispute Settlement Counselby Michael Zeytoonian. You have been wronged or wrongly accused of something and you are upset about it. You...

By Michael A. Zeytoonian
Mediation in Juvenile Dependency Court: Multiple Perspectives – Part 2 author.

Mediation in Juvenile Dependency Court: Multiple Perspectives – Part 2

Review Part 1 here. The Mediator and the Cost All who work in the field of child protection pay a...

By Leonard Edwards
In Praise of a Trial author.

In Praise of a Trial

IndisputablyThe trial of Paul Manafort, which began on 7/31/18, is a good illustration of an important value of trials. A...

By John Lande
Mediation in Juvenile Dependency Court: Multiple Perspectives author.

Mediation in Juvenile Dependency Court: Multiple Perspectives

Introduction Since 1992, the Santa Clara County (Calif.),1 Juvenile Dependency Court has utilized confidential mediation as an integral part of...

By Leonard Edwards
Child Dependency Mediation Update author.

Child Dependency Mediation Update

This article discusses the successful innovative approaches that SoCal Family Mediators have developed. Great mediators are negotiators of acumen, surrogate...

By Randy Drew

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