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Category: Legislation

Mediation: What is it Really About? author.

Mediation: What is it Really About?

From Mervyn Malamed's Positive Conflict Management BlogMediation is a non-binding, voluntary, informal dispute settlement option, designed to avoid litigation and...

By Mervyn Malamed
Supreme Court Approves Drafting Role for Lawyer Mediators author.

Supreme Court Approves Drafting Role for Lawyer Mediators

On January 12, 2017, the Wisconsin Supreme Court approved Rule Petition 16-04 that expanded the role of lawyer mediators in...

By Susan Hansen, Susan Hansen
Revised ICC International Court of Arbitration Rules Become Effective March 1st author.

Revised ICC International Court of Arbitration Rules Become Effective March 1st

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesOn March 1st, the International Court of Arbitration of the International...

By Beth Graham
Title IX Investigations in Need of Reform author.

Title IX Investigations in Need of Reform

JAMS ADR Blog by Chris PooleHow much of the failure to grasp current controversies over campus Title IX investigations come...

By Jane Greenspan
SCOTX Refuses to Reconsider Patent Company’s Request to Vacate Arbitrator’s $3 Million Legal Fees Award author.

SCOTX Refuses to Reconsider Patent Company’s Request to Vacate Arbitrator’s $3 Million Legal Fees Award

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Supreme Court of Texas has once again declined to consider...

By Beth Graham
Secondments in International Arbitration author.

Secondments in International Arbitration

Kluwer Mediation Blog and Kluwer Arbitration BlogDespite the heavy workload, practicing international arbitration can be fun; you are always challenged...

By Daniel Dilor, John Lande, Raul Pereira de Souza Fleury
Family Business Mediation: Solving Legal Issues Without Going to Court author.

Family Business Mediation: Solving Legal Issues Without Going to Court

Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation...

By Stephen McDonough
Building Common Ground Between Bubbles – Part 3 of 4 author.

Building Common Ground Between Bubbles – Part 3 of 4

Indisputably Click to review Part 1, Part 2, Part 3, and Part 4. ***I want to add several things to my...

By John Lande
Exception to Mediation Confidentiality: Moving Forward author.

Exception to Mediation Confidentiality: Moving Forward

PGP Mediation Blog by Phyllis G. PollackOn December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to...

By Phyllis Pollack
CONCUR case in just-published book: Joint Fact Finding in Urban and Environmental Planning Disputes author.

CONCUR case in just-published book: Joint Fact Finding in Urban and Environmental Planning Disputes

Joint fact-finding (JFF) rests on devising a deliberative process to investigate critical technical issues in a format that is jointly...

By Scott McCreary
Who Should Be Promoting Mediation and Why? Mediation in Germany: The Poor Cousin to the Courts? author.

Who Should Be Promoting Mediation and Why? Mediation in Germany: The Poor Cousin to the Courts?

Kluwer Mediation BlogThere was a prominent mediation case that hit the headlines in Germany in October and November this year....

By Greg Bond
Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation author.

Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation

Dispute Settlement Counsel by Michael Zeytoonian. We live in a specialized world, one in which access to information is so...

By Michael A. Zeytoonian
Lainey Feingold’s Book on Structured Negotiation author.

Lainey Feingold’s Book on Structured Negotiation

Indisputably I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation,...

By John Lande
Will Gretchen Carlson’s Case Against Roger Ailes Go Through the Courts Because of Sloppy Drafting? author.

Will Gretchen Carlson’s Case Against Roger Ailes Go Through the Courts Because of Sloppy Drafting?

Indisputably You may have heard about the lawsuit that Gretchen Carlson filed against Roger Ailes.  According to the New York...

By John Lande
You Thought Your Marriage Was Miserable- Wait Till You Get To Court… author.

You Thought Your Marriage Was Miserable- Wait Till You Get To Court…

Texas Conflict Coach Audio Blog by Pattie PorterThe breakup of a marriage almost always involves some level of conflict between...

By Patricia Porter
It Takes Pressure to Form Diamonds: The Changing Landscape of Dispute Resolution and its Implications for International Arbitration author.

It Takes Pressure to Form Diamonds: The Changing Landscape of Dispute Resolution and its Implications for International Arbitration

Kluwer Arbitration BlogWhen questioned what the users of arbitration expect from the process and what its main pitfalls are, the...

By J. Ole Jensen, Klaus Peter Berger
Compared to What? author.

Compared to What?

Indisputably My colleague, S.I. Strong, recently circulated on the DRLE listserv a link to a survey conducted in 2015 for...

By John Lande
Cuando Los Guerreros Visualizan La Paz author.

Cuando Los Guerreros Visualizan La Paz

Una de las inevitables tareas que tiene que hacer cualquier persona que sea analista en conflictos armados, especialmente si está...

By Vicenç Fisas

Avoiding Litigation

The ABA Dispute Resolution conference, held this year in New York City, presents an interesting mix of programs on mediation,...

By Joe Markowitz
Failure to Mediate Held as Ground for Summary Judgment author.

Failure to Mediate Held as Ground for Summary Judgment

Business Conflict Blog by Peter Phillips A recent decision of the Supreme Court of Nevada addresses the question whether a...

By F. Peter Phillips
The Billable Hour: Damaging to your brain, detrimental to life satisfaction, and destructive to client trust? author.

The Billable Hour: Damaging to your brain, detrimental to life satisfaction, and destructive to client trust?

Neuroscience and Conflict Resolution Blog by Stephanie West AllenYou may listen to an exceptional and educational interview about the adverse...

By Stephanie West Allen
Let’s Cross-examine the Case Before We Decide to File that Lawsuit author.

Let’s Cross-examine the Case Before We Decide to File that Lawsuit

Dispute Settlement Counsel by Michael Zeytoonian. I think it’s a good idea for people who find themselves in a dispute...

By Michael A. Zeytoonian
Access to Justice and ADR: What Is Needed for Parties to Experience Justice author.

Access to Justice and ADR: What Is Needed for Parties to Experience Justice

Just Court ADR by Susan M. Yates,Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski. It seems that a conversation is...

By Jennifer Shack
Another View of the New FRCP Rules author.

Another View of the New FRCP Rules

Indisputably I recently posted an item citing the IAALS’s work touting the benefits of the new amendments to the Federal Rules...

By John Lande
Mediation vs. Litigation: To Punish or Not to Punish, That is the Question author.

Mediation vs. Litigation: To Punish or Not to Punish, That is the Question

Many people go into a divorce with swords pulled. They want to get even. They want to punish their spouse...

By Robin Graine, JD, CDFA
Defining A “Settlement” or When Is A Case Moot ? author.

Defining A “Settlement” or When Is A Case Moot ?

PGP Mediation Blog by Phyllis G. Pollack“It Ain’t Over ’til It’s Over”  (… Or, is it?) Lenny Kravitz  (June 1991)...

By Phyllis Pollack
The Opposite of “Judge Judy” in a Nutshell author.

The Opposite of “Judge Judy” in a Nutshell

In Judge Judy courtrooms parties are admonished for addressing each other ? instructed to only address judge. Mediation? The exact...

By Charles Hill
Dispute Resolution Systems and the Future of Our Field author.

Dispute Resolution Systems and the Future of Our Field

From the Indisputably Blog First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes...

By John Lande
Stop and Think … Before Suing! author.

Stop and Think … Before Suing!

From Phyllis Pollack's Blog  Californians have a reputation for being litigious; for making mountains out of mole hills. Judge Kozinski...

By Phyllis Pollack
California Confidentiality Will End Unless You Take Action Now! author.

California Confidentiality Will End Unless You Take Action Now!

California Confidentiality Will End Unless You Take Action Now! Are you willing to invest just a few minutes to help...

By Ron Kelly - Arbitrator, Mediator, Trainer

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