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Category: Mediation Advocacy

Demystifying Distress (video) author.

Demystifying Distress (video)

Set Effective Boundaries for Challenging Behavior Without Writing Anyone Off (And Practice Self-Care) - Recorded Tuesday, May 14, 2024 https://vimeo.com/946441262...

By Clare Fowler, Dan Berstein
Custody Mediation When You Can’t Afford a Lawyer author.

Custody Mediation When You Can’t Afford a Lawyer

A lawyer's input in custody mediation can help you secure an agreement that is fair and in the best interest...

By Zarira Love
A Successful Mediation author.

A Successful Mediation

Because facilitative mediation has been demonstrably successful in resolving disputes, many courts presiding over civil claims are referring cases to...

By William Gilbride
Bringing Informed Consent & Consumerism into Mediation: Parties Jointly Select Their Lawyers author.

Bringing Informed Consent & Consumerism into Mediation: Parties Jointly Select Their Lawyers

Lawyers can play a vital role in the success of mediation. Guiding their clients inside and outside joint mediation session...

By Forrest (Woody) Mosten
Biden AI Executive Order – Summary author.

Biden AI Executive Order – Summary

This Executive Order, which was released today, October 30, 2023, attempts to balance AI safety, privacy and ethical use of...

By Robert Bergman
What has the UK government got to gain from Mediation? author.

What has the UK government got to gain from Mediation?

By Paul Sandford In short, a great deal. Probably more than it realises or cares to admit. In this article...

By Paul Sandford
The Achievement and Impact of Mediate.com with Clare Fowler, Colin Rule & Ron Dolin (video) author.

The Achievement and Impact of Mediate.com with Clare Fowler, Colin Rule & Ron Dolin (video)

I welcome renowned ADR experts that built up the world's leading mediation website and organization- Mediate.com, to the Expert Views...

By Clare Fowler, Colin Rule
What’s in a Face? author.

What’s in a Face?

“Faces always talk too much.  One line and all their plans are revealed.”  — Floriano Martins  Martins, a Brazilian poet, is not...

By Laurie Israel
Interesting ODR Developments in Italy author.

Interesting ODR Developments in Italy

Mandatory mediation in Italy was implemented by D.Lgs. (Legislative Decree) 28/2010, which in art. 3 provided for the ODR. [i]...

By Giovanni Matteucci, Mario Antonio Stoppa
100th ALI Anniversary: Role of Technology in Dispute Resolution and Access to Justice (2023) author.

100th ALI Anniversary: Role of Technology in Dispute Resolution and Access to Justice (2023)

100th Anniversary Program of the American Law Institute on The: Role of Technology in Dispute Resolution and Access to Justice....

By Colin Rule
Implementing AI in Next Level Mediation Software author.

Implementing AI in Next Level Mediation Software

The history of ethics and AI is long and spotty. The earliest works came from Isaac Asimov in his book...

By Robert Bergman
What Makes Parties Trust a Mediator? author.

What Makes Parties Trust a Mediator?

For mediation to be successful, it is considered essential that the involved parties trust the mediator. Yet little research has...

By Jennifer Shack
AI, ADR and Anxiety author.

AI, ADR and Anxiety

This post started as a response to Jen Reynolds’s comment about my Avatar Mediation post.  It has grown into this new post about AI...

By John Lande
Who says Mediation is not for Complex Cases? author.

Who says Mediation is not for Complex Cases?

Debunking common Myths about Mediation and Asserting how Litigators can help with the process Mediation has rightfully earned a reputation...

By Scott Levin Esq, CDFA
Preventive Mediation author.

Preventive Mediation

Undoubtedly for centuries the word mediation has been tied to conflicts. Mediation is considered a form of dispute resolution. And...

By Fred E. Jandt
Making Mediation Work in Your Favor – How to Approach Mediation in High Stakes Litigation author.

Making Mediation Work in Your Favor – How to Approach Mediation in High Stakes Litigation

By Jonathan Pollard Florida litigation attorney Jonathan Pollard discusses mediation strategy. Mediation is now an unavoidable and often mandatory part...

By Jonathan Pollard
Uncertain Times call for Creative Problem Solving for Divorcing Couples author.

Uncertain Times call for Creative Problem Solving for Divorcing Couples

At present, divorcing couples are being required to make decisions in the midst of an environment marked by uncertainty and...

By Dr. Lynne C. Halem
Empathy In Toxic Partisan Pandemic-Based Conflicts: How Organizational Strategy Can Help Us Do Better author.

Empathy In Toxic Partisan Pandemic-Based Conflicts: How Organizational Strategy Can Help Us Do Better

Hopefully, the Corona Virus Pandemic (CVP) is fading into our rearview mirror. However, with new variants unfurling, and other countries...

By Lucas Smart
A Litigator’s Guide to Mediation Advocacy author.

A Litigator’s Guide to Mediation Advocacy

Reflections on Effectively Achieving Client Goals at the Mediation Table Introduction Litigators too often approach the mediation process with the...

By Sheldon Stark
Factors that Determine the Beginnings of the Initial Mediation Session author.

Factors that Determine the Beginnings of the Initial Mediation Session

For the past several years Roselle Wissler (Arizona State) and I have been working on several articles about the early stages of...

By Art Hinshaw
In Lichon, Michigan SC changed the test for the scope for Arbitration author.

In Lichon, Michigan SC changed the test for the scope for Arbitration

An age-old inquiry in ADR is under what circumstances must a party’s legal claims be dismissed from court and heard...

By William Gilbride
Ten Real Mediation Systems author.

Ten Real Mediation Systems

This short article presents accounts of ten mediators about the factors affecting how we handle continuing streams of mediations – our...

By John Lande
When Mediation Conduct Goes Wrong author.

When Mediation Conduct Goes Wrong

By Deborah S Ballati, Esq. and Patricia H. Thompson Esq. FCIARB While most mediation participants act professionally, with courtesy and...

By Patricia Thompson
Wrangling Emotions author.

Wrangling Emotions

Howard Herman gets parties out of battle mode in cases with complex power dynamics After 37 years, including 23 years...

By Howard Herman
How a humanistic approach to Mediation would impact on the definition of mediation, mediation practice, training and accreditation – Part II author.

How a humanistic approach to Mediation would impact on the definition of mediation, mediation practice, training and accreditation – Part II

It’s time for mediation to claim its place as a stand-alone profession freed from being just an alternative to the...

By Greg Rooney
Back to Basics: Why Mediate? author.

Back to Basics: Why Mediate?

As part of my preparation to teach a class on mediation confidentiality, I reviewed the Uniform Mediation Act with all of its...

By Phyllis Pollack
Speak or Not to Speak author.

Speak or Not to Speak

In the plenary session of a mediation, when you have your first opportunity to directly address your opponent’s decision-maker, should...

By Christopher Kriesen

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