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Category: Mediation Policy

The Economic Illusion of Mandatory Mediation: Market Realities and Jurisprudential Limits in the Court System author.

The Economic Illusion of Mandatory Mediation: Market Realities and Jurisprudential Limits in the Court System

Introduction to the Paradox of Mandatory Voluntariness The architecture of the modern civil justice system is increasingly defined not by...

By Ed Timken
Participant Empowerment, Problem-Solving Optimization and Ethical AI in Mediation author.

Participant Empowerment, Problem-Solving Optimization and Ethical AI in Mediation

Abstract This article outlines a new professional framework for mediation that moves beyond traditional ethics to prioritize Participant Empowerment and...

By Jim Melamed
Neutrality, Truthfulness, and Trust: What ABA Formal Opinion 518 Teaches Mediators About Their Role—and Their Word author.

Neutrality, Truthfulness, and Trust: What ABA Formal Opinion 518 Teaches Mediators About Their Role—and Their Word

Introduction: Why This Opinion Matters Now  Mediators routinely operate at the intersection of law, psychology, and negotiation. In court-connected mediation—particularly when one or...

By Robert Wright
The Digital Evolution of Mediation, AI Integration and the Future author.

The Digital Evolution of Mediation, AI Integration and the Future

Summary This presentation features Jim Melamed discussing the profound shift of mediation from a physical practice to a digital phenomenon,...

By Jim Melamed
What Is Trauma-Informed Mediation? author.

What Is Trauma-Informed Mediation?

A Practical Explanation for Lawyers and Their Clients  If you’ve ever had a client freeze, lash out, or abruptly walk away from...

By Julie Somerville
From Legal Generalities to Tailored Realities: Using Temperament to Build Durable Co-Parenting Plans author.

From Legal Generalities to Tailored Realities: Using Temperament to Build Durable Co-Parenting Plans

In family mediation—whether navigating custody, dependency, or guardianship—we often hide behind the phrase “Best Interests of the Child.” While it...

By Laura Lorber
Professionalism in ADR-The Professional Mediation Advocate  author.

Professionalism in ADR-The Professional Mediation Advocate 

I have observed advocates and mediators who are the epitome of professionals. From them I’ve learned what professionalism looks like in the practice of...

By Mike Leib
Governing Action, Not Just Intelligence: Why Agentic AI Breaks Traditional AI Governance author.

Governing Action, Not Just Intelligence: Why Agentic AI Breaks Traditional AI Governance

Most discussions of AI governance still orbit around systems that advise, recommend, score, or generate. The legal and policy frameworks...

By Robert Bergman
2026: The Year ODR Goes Mainstream author.

2026: The Year ODR Goes Mainstream

For my first newsletter of the year, I want to start with a goal I've set, and that is 2026...

By Mac-Arthur Pierre-Louis
AAA Mediation Podcast – Episode 1 with Lori Lightfoot author.

AAA Mediation Podcast – Episode 1 with Lori Lightfoot

In the debut episode of the AAA’s new Mediation Podcast, former Chicago Mayor Lori Lightfoot reflects on her journey from...

By Tracey Frisch
The ABA’s New Ethics Opinion on Mediation: Frequently Asked Questions author.

The ABA’s New Ethics Opinion on Mediation: Frequently Asked Questions

[This article first appeared in the Massachusetts Lawyers Weekly (January 5, 2026) and is published here with permission.] In October...

By David Hoffman
The Court ODR Podcast: Envisioning AI-powered Small Claims – with Sateesh Nori, Senior Legal Innovation Strategist at Just-Tech author.

The Court ODR Podcast: Envisioning AI-powered Small Claims – with Sateesh Nori, Senior Legal Innovation Strategist at Just-Tech

In this episode, Colin chats with Sateesh Nori, a lawyer, law professor, and author on the leading edge of AI...

By Colin Rule
The Mediate.com Story:  About this “Book” author.

The Mediate.com Story: About this “Book”

Table of Contents Next INTRODUCTION: ABOUT THIS BOOK So, what exactly counts as “a book” these days? In the pre-digital...

By Jim Melamed
The Identity Crisis: Pressing Issues in Court Mediation Today author.

The Identity Crisis: Pressing Issues in Court Mediation Today

The practice of court-annexed mediation is currently undergoing a significant shift. It is moving from being an "alternative" to becoming...

By Ed Timken
New Year’s Resolutions for Mediators author.

New Year’s Resolutions for Mediators

Kluwer Mediation Blog This year, I think I have seen more articles on why and how NOT to make New...

By Sabine Walsh
Mediator Certification in California: 2025 Updates and What To Know author.

Mediator Certification in California: 2025 Updates and What To Know

The laudable, if not elusive, goal of mediator certification is a topic of debate almost as old as the profession...

By Bruce Edwards
Civil Mediation with Pro-Se Parties author.

Civil Mediation with Pro-Se Parties

Occasionally a Court will send over a civil case for facilitative mediation. The order arrives and names are reviewed for...

By William Gilbride
Ensuring a National Policy Framework for Artificial Intelligence author.

Ensuring a National Policy Framework for Artificial Intelligence

A Working Analysis for Dispute Resolution Professionals The Executive Order on Ensuring a National Policy Framework for Artificial Intelligence sets...

By Robert Bergman
The Economic and Professional Imperative: Why Compensation is the Bedrock of a Sustainable Mediation Profession author.

The Economic and Professional Imperative: Why Compensation is the Bedrock of a Sustainable Mediation Profession

Abstract The mediation profession stands at a precarious crossroads, oscillating between its historical roots in community volunteerism and its modern...

By Ed Timken
How Do We Encourage AI for Ethical Dispute Engagement? author.

How Do We Encourage AI for Ethical Dispute Engagement?

Recently my colleagues Leah Wing, Chris Draper, and Scott Cooper, and I began discussing the possibility of governing the development...

By Daniel Rainey
ICODR Podcast: Episode 42: Governing AI, with Leah Wing, Dan Rainey, and Chris Draper author.

ICODR Podcast: Episode 42: Governing AI, with Leah Wing, Dan Rainey, and Chris Draper

In this episode, Ian MacDuff chats with ODR leaders Dan Rainey, Leah Wing, and Chris Draper to talk about their...

By Leah Wing, Daniel Rainey, Ian MacDuff
Project Genisis Executive Order author.

Project Genisis Executive Order

By directing a new Executive Order, the President on November 24th, established what is called the Genesis Mission, an ambitious...

By Robert Bergman
Optimizing Online Mediation:  Balancing Automation, AI & the Human Touch author.

Optimizing Online Mediation: Balancing Automation, AI & the Human Touch

Summary: This video captures a roundtable discussion featuring Jim Melamed, a pioneer in online dispute resolution (ODR). The discussion centers...

By Jim Melamed
ABA Ethics Opinion 518 – Dawn of a Golden Age for Mediation? author.

ABA Ethics Opinion 518 – Dawn of a Golden Age for Mediation?

Republished with permission by: Will Work For Food Our special guests this week, Prof Ellen Waldman Dispute Prevention Specialist for Institute...

By Jeff Kichaven, Ellen Waldman, Natalie J. Armstrong-Motin, David Shraga, Jean Lawler
Mediate.com Great Reads Book Club Upcoming Gatherings & List of Videos author.

Mediate.com Great Reads Book Club Upcoming Gatherings & List of Videos

Welcome to Mediate.com‘s ‘Great Reads’ book club with authors of recently published books in both the popular and academic presses. Our goal...

By Colin Rule, Clare Fowler, Jim Melamed
The Case for Restorative Justice in Michigan’s Juvenile Justice System – Risks and Benefits author.

The Case for Restorative Justice in Michigan’s Juvenile Justice System – Risks and Benefits

Michigan is undergoing fundamental changes in its juvenile justice system. Driven by the 2024 legislative reforms and the dedicated efforts...

By Phillip Schaedler
The Mediate.com Story: “All-Star Authors” at Mediate.com author.

The Mediate.com Story: “All-Star Authors” at Mediate.com

Table of Contents Next All-Star Authors at Mediate.com Over 30 years, Mediate.com has published over 15,000 articles, videos and audio...

By Jim Melamed
The Mediate.com Story:  Mediate.com Website Resources author.

The Mediate.com Story: Mediate.com Website Resources

Table of Contents Next Mediate.com Website Resources All Topics at Mediate.com ALL TOPICS www.Mediate.com/All-Topics Most Popular Topics About Mediation Mediation...

By Jim Melamed
AI, Law, and the Boundaries of Personhood author.

AI, Law, and the Boundaries of Personhood

It sounds absurd at first (or I just woke up in 2035)—an Ohio lawmaker proposing a bill that bans people...

By Robert Bergman
The Mediate.com Story:  Mediate.com Early Leadership author.

The Mediate.com Story: Mediate.com Early Leadership

Table of Contents Next SECTION 2:MEDIATE.COM LEADERSHIP Mediate.com Early Leadership Here are a number of projects that Mediate.com has led...

By Jim Melamed

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