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Category: Legislation

What’s Next? – Practical Ponderings on Arbitrators and Overturned Jurisdictional Awards author.

What’s Next? – Practical Ponderings on Arbitrators and Overturned Jurisdictional Awards

Arbitration BlogThe views expressed in this article are those of the author alone and should not be regarded as representative...

By Lara Pair
The Transformative Lawyer author.

The Transformative Lawyer

Institute for the Study of Conflict Transformation by Dan SimonThe skills and underlying premises of transformative mediation are often contemplated...

By Dan Simon
Mediation as a “Disruptive Innovation” author.

Mediation as a “Disruptive Innovation”

In 1997 Harvard Professor Clayton Christensen authored The Innovator's Dilemma: When New Technologies Cause Great Firms to Fail.  Hailed as...

By Sig Cohen
Update on Mediation Confidentiality author.

Update on Mediation Confidentiality

PGP Mediation Blog by Phyllis G. Pollack In previous blogs, I have discussed the hullaballoo surrounding the introduction of AB...

By Phyllis Pollack

Are You Seeing the Benefit of Soft Skills?

CMP Resolution Blog by Lesley Allport and Katherine Graham.McDonald’s UK and James Caan lead a coalition calling for re-evaluation of...

By Katherine Graham
ADR-Related Legislation author.

ADR-Related Legislation

Business Conflict Blog by Peter Phillips Larson Frisby, of the ABA Governmental Affairs Office, recently offered an update on the...

By F. Peter Phillips
Embracing “Cultural Diversity” in Mediation author.

Embracing “Cultural Diversity” in Mediation

Born in Zimbabwe and educated in England, I practiced law for almost forty years in the U.K and California, transitioning...

By Malcolm Sher, Esq
Litigation vs. Mediation – “Child’s Play” for Understanding Your Options author.

Litigation vs. Mediation – “Child’s Play” for Understanding Your Options

Parents are more familiar with the mediation process than they may realize.  In fact, parents often mediate disputes between their...

By Jennifer Winestone
The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation author.

The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation

The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation INTRODUCTION At its forty-seventh session (New York,...

By Gracious Timothy
Avoiding the Uncertainty of a Medical Malpractice Trial author.

Avoiding the Uncertainty of a Medical Malpractice Trial

This article appeared in The Detroit News and is being reprinted with permission by the publisher.Alternative dispute resolution (ADR) provides...

By Richard Bone
Compliance Success with Mediated Settlements in Small Claims author.

Compliance Success with Mediated Settlements in Small Claims

SEEDS: Who We Are SEEDS Community Resolution Center (SEEDS) is a nonprofit organization located in Berkeley, California. SEEDS have been...

By Mattie Robertson
Mediating Early and Late author.

Mediating Early and Late

Kluwer Mediation BlogIt’s not always easy to spot trends. But one that I have noticed over the last year or...

By Bill Marsh
Musings of a Long Time Arbitrator author.

Musings of a Long Time Arbitrator

Since I became involved exclusively in providing ADR services in 1991, I have been fortunate enough to have been selected...

By Brian Jerome
Checkmate: Early Moves Define Negotiation author.

Checkmate: Early Moves Define Negotiation

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Litigation Section of the State Bar of Texas recently published...

By Beth Graham
Advocacy in Mediation author.

Advocacy in Mediation

Advocacy in simple parlance is recommendation or support or projection of a cause. Advocacy presupposes a difference of opinion or...

By Uma Ramanathan
A Top Ten List of Keys to Success in Court-Ordered Mediation author.

A Top Ten List of Keys to Success in Court-Ordered Mediation

This article appeared in the Detroit Legal News on January 30, 2015 and is being reprinted with permission by the...

By Paul Monicatti
ADR is on the Rise in Employment Cases author.

ADR is on the Rise in Employment Cases

JAMS ADR Blog by Chris PooleWhile there is a long history of utilizing arbitration in the labor union context, the...

By Jeffrey Grubman
Fifth Circuit Rules Arbitrator Exceeded His Authority in Contract Dispute author.

Fifth Circuit Rules Arbitrator Exceeded His Authority in Contract Dispute

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe United States Court of Appeals for the Fifth Circuit has...

By Beth Graham
The Integrity of ADR Processes and the Risks of Blurred Boundaries author.

The Integrity of ADR Processes and the Risks of Blurred Boundaries

Historically, the three main dispute resolution methods used in the United States have been violence, avoidance, and litigation.  In the...

By Marvin E. Johnson
Litigation as Violence author.

Litigation as Violence

Indisputably I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L....

By John Lande
Federal Court Case Update, Filings and Firings author.

Federal Court Case Update, Filings and Firings

JAMS ADR Blog by Chris PooleFollowing is the start of a new series on the JAMS ADR Blog, featuring short...

By Richard Birke
Joint Sessions: Are Lawyers Right to Hate Them? author.

Joint Sessions: Are Lawyers Right to Hate Them?

JAMS ADR Blog by Chris PooleMention holding a joint session and you are sure to provoke an argument between mediators...

By Martin Quinn
Texas Legislature Considers Measure that Would Require Out-of-Network Emergency Room Providers to Arbitrate Payment Claims author.

Texas Legislature Considers Measure that Would Require Out-of-Network Emergency Room Providers to Arbitrate Payment Claims

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesA bill seeking to establish an arbitration process designed to protect...

By Beth Graham
Article on Advocacy author.

Article on Advocacy

PGP Mediation Blog by Phyllis G. PollackSeveral months ago, Joan Kessler asked that I provide an article to be included...

By Phyllis Pollack
The Future of Family Dispute Resolution: Mediation as a Piece of the Puzzle author.

The Future of Family Dispute Resolution: Mediation as a Piece of the Puzzle

“You can't connect the dots looking forward; you can only connect them looking backwards. So you have to trust that...

By Peter Salem
First Things First: Design the Arbitration Process You Want author.

First Things First: Design the Arbitration Process You Want

JAMS ADR Blog by Chris PooleThe principles for drafting a pre-dispute arbitration clause are straightforward. They do require an understanding...

By Richard Chernick
Do We Need a New York Convention for Mediation/Conciliation? author.

Do We Need a New York Convention for Mediation/Conciliation?

JAMS ADR Blog by Chris PooleThe 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New...

By Lorraine Brennan
Don’t Rush author.

Don’t Rush

There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports...

By Christian Radu Chereji, Constantin-Adi Gavrila
APR: Alternative Political Resolution author.

APR: Alternative Political Resolution

Mediation was the light at the end of the tunnel of my law studies. I had grown increasingly disillusioned by...

By Alex Azarov
The Mediation Future author.

The Mediation Future

Congratulations to Mediate.com on 20 years of meaningful contributions to the field. Predictions for the future: Lawyers will continue to...

By Tracy Allen

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