Civil Mediation Section


Civil Mediation Articles


Shirli Kirschner

Court-based Dispute Resolution

(2/16/18)Shirli Kirschner

Adapted from Prof Tania Sourdin, Alternative Dispute Resolution, 5th ed, 2016, Thomson Reuters. ADRAC gratefully acknowledges the authorship of Professor Sourdin, who kindly prepared this paper.

Joseph Stulberg

Interview with Joseph Stulberg

(2/13/18)Joseph Stulberg

This is the complete interview by Robert Benjamin with Joe Stuhlberg, a leading mediation law professor, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.

Marvin E. Johnson

Interview with Marvin Johnson

(1/09/18)Marvin E. Johnson

This is the complete interview by Robert Benjamin with Marvin Johnson, a national leader in the field of dispute resolution generally and on issues of elevating diversity in the ADR field, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

John Lande

Letter to Kelly

(12/29/17)John Lande

This article is a letter of advice to someone who is starting law school.

Norman Solovay

The Arbitration from Hell and How the New York Courts Got It Wrong

(12/28/17)Norman Solovay

This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.

Frank Sander

Interview with Frank Sander

(12/12/17)Frank Sander

This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

James Coben

Interview with Jim Coben

(12/04/17)James Coben

This is the complete interview by Robert Benjamin with Jim Coben, long-time former director of the Hamline University Conflict Resolution Program, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Michelle LeBaron

Interview with Michelle LeBaron

(11/28/17)Michelle LeBaron

This is the complete interview by Robert Benjamin with Michelle LaBaron, a leading expert on cross cultural dispute resolution issues, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Gerald Clay

The NFL Should Try Mediation First

(11/27/17)Gerald Clay

Recently, 12 NFL players and 11 owners met privately to discuss the controversy over players kneeling during the national anthem, without any resolutions or results. What they need is a better technique: Mediation.

Mediate.com ZZZZZ

Mediate.com Recognized as a Top Attorney Directory for SEO!

(11/22/17)Mediate.com

Now celebrating our 22nd Year, Mediate.com has been recognized as a Top Law Firm Directory. Mediate.com is the overall 8th ranked law firm directory and the only mediation or ADR directory listed!

Mediate.com ZZZZZ

Comparative Data on Mediation Websites: Most Visited and Most Linked

(11/20/17)Mediate.com

According to Alexa.com, Mediate.com is most visited and most linked mediation website. In business since 1996, Mediate.com has over 6 million annual site visitors and serves as a bridge between professionals offering dispute resolution services and clients needing these services.

Elena Gurevich

Roundup: Legislation with Mediation or Arbitration…Maybe for the future?

(11/17/17)Elena Gurevich

Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.

Michael Leathes

Lawyer Negotiation: Theory, Practice & Law - Book Review

(11/10/17)Michael Leathes

This is a review of the book Lawyer Negotiation: Theory, Practice and Law, by Jay Folberg and Dwight Golann.

Jennifer Shack

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

(11/10/17)Jennifer Shack

Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.

Shirli Kirschner

ADR in the Regulation of Aged Care

(11/06/17)Shirli Kirschner

The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.

Sam Imperati

Traits of a 'Mediator'

(10/03/17)Sam Imperati

Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable. It turns out that these same character traits may have other uses as well.

L. Randolph Lowry

Interview with Randy Lowry

(9/10/17)L. Randolph Lowry

This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.

Beth Graham

Online Arbitration as a Remedy for Crowdfunding Fraud

(8/25/17)Beth Graham

In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.

Steven Platt

Litigation vs ADR – Different Strokes for Different Folks

(8/18/17)Steven Platt

This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.

Joy Rosenthal

Prenup? That’s Good News!

(8/08/17)Joy Rosenthal

Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.

John Fiske

Bargaining in the Light of the Law: The Case of Divorce

(7/28/17)John Fiske

By now, in 2017, divorce law has become clear and often even predictable.

Michael A. Zeytoonian

If You Want Your “Day in Court”, Don’t Go to Court

(7/28/17)Michael A. Zeytoonian

“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.

Jeff Kichaven

A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation

(7/20/17)Jeff Kichaven

The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.

John Lande

Introduction to the Stone Soup Project Mini-Course

(7/14/17)John Lande

This is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.

Kenneth Cloke

Interview with Ken Cloke

(7/12/17)Kenneth Cloke

This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

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