Category: Mediation Advocacy

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

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

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

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

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

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

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

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

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

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

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...

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

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

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

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

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

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

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

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

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

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

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

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

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

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