Category: Legislation

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
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
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
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
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
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
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
SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims author.

SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Supreme Court of the United States has granted certiorari in another arbitration case.  In Henry...

By Beth Graham
Ten Tips Toward Client Arbitration Satisfaction author.

Ten Tips Toward Client Arbitration Satisfaction

JAMS ADR Blog by Chris PooleExcept in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs...

By Eric Van Loon
Damage Quantification in Delaware for Breaches of Contract in Post-Merger Litigation author.

Damage Quantification in Delaware for Breaches of Contract in Post-Merger Litigation

Originally published on Harvard Law School's Forum. Despite vigorous attempts, through judicial decisions, [1] and legislative provision on forum selection and fee...

By Arthur Rosenbloom
What Does the 2017 Tax Law Mean for Divorcing Couples? author.

What Does the 2017 Tax Law Mean for Divorcing Couples?

Meredith Mediates by Meredith RichardsonI sat down with Jill Boynton of Cornerstone Financial Planning to find out. Alimony Currently, the person...

By Meredith Richardson
Criminal Justice and ADR author.

Criminal Justice and ADR

From ADRAC- The Australian Dispute Resolution Advisory Council Blog, organized with Shirli Kirschner This paper was settled jointly by the members of...

By Shirli Kirschner
Mediation Models: What is Best? author.

Mediation Models: What is Best?

Introduction Most of our conflicts and disputes are easily resolved; however, sometimes we need the help of a professional. Professionals...

By Dr. Gary Clayton
Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit author.

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

Business Conflict Blog by Peter PhillipsThanks to Loyola Prof. Imre Szalai for bringing to our attention the interesting Ninth Circuit decision in Breazeale...

By F. Peter Phillips
Letter to Kelly author.

Letter to Kelly

IndisputablyOut of the blue, I got an email from a student at my university who I had never met.  She...

By John Lande
The Arbitration from Hell and How the New York Courts Got It Wrong author.

The Arbitration from Hell and How the New York Courts Got It Wrong

This is a follow-up to the author’s previous article that explained why the Appellate Division, First Department, was wrong in...

By Norman Solovay
SCOTUS to Hear Oral Argument Over Constitutionality of Review of Patents author.

SCOTUS to Hear Oral Argument Over Constitutionality of Review of Patents

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesOn Monday, the United States Supreme Court will hear oral argument in Oil States...

By Beth Graham

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