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Category: Mediation Practice

The Strategic Imperative: Vetting and Interviewing Your Mediator for Complex Litigation author.

The Strategic Imperative: Vetting and Interviewing Your Mediator for Complex Litigation

In high-stakes commercial litigation, every variable is intensely scrutinized—except, often, the one person with the power to facilitate a multi-million-dollar...

By Ed Timken
Review of David Hoffman’s Book “The Art of Impasse-Breaking in Mediation: A Handbook for Mediators, Lawyers, and Other Conflict Resolvers” author.

Review of David Hoffman’s Book “The Art of Impasse-Breaking in Mediation: A Handbook for Mediators, Lawyers, and Other Conflict Resolvers”

David Hoffman is a very highly regarded US mediator and an equally authoritative Harvard academic, whose writing about mediation and...

By John Sturrock
How Legal Professionals are Using AI author.

How Legal Professionals are Using AI

Artificial intelligence is rapidly transforming the practice of law, from legal research and document review to case strategy and client...

By Angela Reddock-Wright
The Pro Se Pivot: Navigating Mediation When Only One Party Retains Counsel author.

The Pro Se Pivot: Navigating Mediation When Only One Party Retains Counsel

You are deep into a productive, self-represented (pro se) divorce mediation. The parties are communicating, and progress is being made....

By Ed Timken
The Mediate.com Story – Table of Contents author.

The Mediate.com Story – Table of Contents

Copyright 2026 - All rights reserved - ODR.com, Inc. INTRODUCTION About this “Book" About the Author Acknowledgements The Most Informative...

By Jim Melamed
AI-Assisted Option Generation Without Anchoring author.

AI-Assisted Option Generation Without Anchoring

A Non-Anchoring Brainstorm Protocol for ADR and Negotiation Practitioners This article is the first instalment in a three-part practice series...

By Dr. Blanka Illés
Solution Focused Mediation author.

Solution Focused Mediation

A Complimentary Approach to Mediation Mediation, simply put, is conflict handled well.  Two or more people, with differing positions, come...

By Niki Lee Rowe Dr. Bernie Tracy
From Pro Se to Represented: Navigating the Mid-Stream Shift in Mediation author.

From Pro Se to Represented: Navigating the Mid-Stream Shift in Mediation

Abstract Have you ever felt the "whiplash" of a mediation case suddenly shifting from pro se to represented mid-stream? It’s...

By Ed Timken
Could AI Replace Mediators? author.

Could AI Replace Mediators?

Originally published in The Scotsman The founder of a site where AI models communicate with one another compared them to...

By John Sturrock
Supporting Self-Represented Spouses in Family Mediation author.

Supporting Self-Represented Spouses in Family Mediation

Over the past decade, my family mediation practice in Victoria, BC has evolved in response to a clear and consistent...

By Amy Robertson
Baruch Bush: 1948 – 2026 author.

Baruch Bush: 1948 – 2026

With profound sadness, the global community of mediation scholars, legal practitioners, students, and friends mourns the passing of Professor Robert...

By Robert Baruch Bush, Jim Melamed
The Facilitative Anchor: Navigating the “Evaluative Pull” of Predictive Analytics and Mandatory ADR author.

The Facilitative Anchor: Navigating the “Evaluative Pull” of Predictive Analytics and Mandatory ADR

Abstract  In 2026, the mediation landscape is caught between two powerful forces: the legal mandate of "compulsory mediation" and the...

By Ed Timken
The Implications of Rapid AI Adoption – Navigating Economic Challenges and Opportunities author.

The Implications of Rapid AI Adoption – Navigating Economic Challenges and Opportunities

In the past few years, artificial intelligence has moved from being a speculative buzzword to something that quietly hums behind...

By Robert Bergman
Mediation, Neutrality, Tyranny, and Resistance (Revised) author.

Mediation, Neutrality, Tyranny, and Resistance (Revised)

“The death of human empathy is one of the earliest and most telling signs of a culture about to fall...

By Kenneth Cloke
Empathy and the Art of Tracking: How Mediators Follow the Trail of Emotion author.

Empathy and the Art of Tracking: How Mediators Follow the Trail of Emotion

"I don't know where we are going, but I know exactly how to get there." —Master Tracker Rhenius This paradox...

By John Ford
ICODR Podcast Episode 45: Digital Dispute Systems Design, with Prof. Janet Martinez and Prof. Amy Schmitz author.

ICODR Podcast Episode 45: Digital Dispute Systems Design, with Prof. Janet Martinez and Prof. Amy Schmitz

In this episode, Ian chats with Professor Janet Martinez and Professor Amy Schmitz about their new book Digital Dispute Systems...

By Janet Martinez, Amy Schmitz, Ian MacDuff
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
Stop Chasing Checks: Why Lawyers Don’t Pay Mediation Bills (And How to Fix It) author.

Stop Chasing Checks: Why Lawyers Don’t Pay Mediation Bills (And How to Fix It)

Introduction Are you a mediator or a debt collector? So in November, I agreed to do an "in person" mediation...

By Ed Timken
Introducing Mediator Dojo author.

Introducing Mediator Dojo

Mediator Dojo is here, and it marks a new chapter for our Mediate.com Member community. For decades, Mediate.com has served...

By Josh Remis, Colin Rule, Clare Fowler, Jim Melamed
How Legal and Dispute Resolution Professionals Can Manage AI Risks author.

How Legal and Dispute Resolution Professionals Can Manage AI Risks

My latest Theory Meets Practice column in CPR’s Alternatives magazine, How Legal and Dispute Resolution Professionals Can Manage AI Risks, explains how to assess and...

By John Lande
The Mediator as a Team Leader: Fostering Collaboration in Dispute Resolution  author.

The Mediator as a Team Leader: Fostering Collaboration in Dispute Resolution 

Mediation is still a relatively new practice in Kenya, yet it has rapidly captured the attention of individuals and institutions seeking constructive...

By Peter Kimani Macharia
The Human Touch: Why Mediation Thrives When Parties Share the Same Room author.

The Human Touch: Why Mediation Thrives When Parties Share the Same Room

In a world where conflicts abound, courtrooms are overwhelmed, and alternative resolutions are increasingly embraced, mediation offers more than just...

By Tobin Lay
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
When “We Don’t Train on Your Data” Isn’t Enough: AI, Confidentiality, and the Risk to Legal and Mediation Practices author.

When “We Don’t Train on Your Data” Isn’t Enough: AI, Confidentiality, and the Risk to Legal and Mediation Practices

By Robert Bergman, CEO Southwest Management Technology & Next Level Mediation Artificial intelligence tools, particularly large foundation AI models, are...

By Robert Bergman
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
Preparing Parties for Productive Family Mediation author.

Preparing Parties for Productive Family Mediation

Using Pre-Mediation Support to Strengthen Interest-Based Outcomes Family mediators, particularly those working with self-represented parties, understand that the success of...

By Tracy Callahan
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
On a Reflective Path for Building Professional Mastery in Third-Party Interventions author.

On a Reflective Path for Building Professional Mastery in Third-Party Interventions

The SRI—A Pragmatic 4x4x4 by 4 Reflective Tool “One cannot see what they haven't noticed yet and cannot notice what...

By Tzofnat Peleg-Baker
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
Lawyers & Mediators International: Jim Melamed of Mediate.com on Digital Evolution of Mediation author.

Lawyers & Mediators International: Jim Melamed of Mediate.com on Digital Evolution of Mediation

In this podcast, Jim Melamed, co-founder of Mediate.com, explains the historical shift from physical to digital dispute resolution. He details how the...

By Mac-Arthur Pierre-Louis, Jim Melamed

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