Mediate.com and ODR.com on the LMI Podcast “On the Road”

Mediate.com and ODR.com were honored to be interviewed on the LMIPodcast.com by Mac Pierre-Louis, JD., M.Ed., founder of LMI.Network, at the recent ABA Dispute Resolution Section Conference in Chicago. That interview is below.

Here is a Summary:

This is an interview with Jim Melamed and Clare Fowler from Mediate.com at the 2025 ABA Dispute Resoolution Section Conference in Chicago. They explain that Mediate.com began in 1996 as a platform for mediators and has since evolved to incorporate technology, particularly after the shift to online mediation during COVID. The company now has three main focuses: supporting individual mediators, offering resources for the general public looking for mediation services, and providing scalable online dispute resolution (ODR) systems for courts and agencies through ODR.com. They discuss the challenges and opportunities of online mediation, including the use of AI and the importance of human connection.

Here is the video podcast interview:

Here is an AI Audio Podcast of Mac’s interview:

Finally, here is an AI generated Study Guide for the interview:

Quiz

1. What event significantly accelerated the shift to online mediation, according to the podcast?
2. What was “ConflictNet,” and when did it start in relation to the commercial internet?
3. What is the “holy grail” of online dispute resolution that the speakers believe has been achieved?
4. Clare Fowler mentions the “incoming generation” feels more comfortable communicating in what way compared to face-to-face interaction?
5. Besides helping mediators, what are the other two key areas of focus for Mediate.com mentioned in the podcast?
6. What organization has Mediate.com partnered with to help with various pieces of the business?
7. What specific area of workplace mediation is currently “skyrocketing” according to Clare Fowler?
8. According to Jim Melamed, what is the primary challenge for the future of mediation despite the integration of automation and AI?
9. What does Jim Melamed suggest is a critical concept to allow people to “put their foot in the water” of mediation?
10. What are the “gatekeepers” for dispute resolution in society that ODR.com is now focusing on assisting?

Answer Key

1. The COVID-19 pandemic significantly accelerated the shift to online mediation because physical meetings were not possible, forcing all mediation to be done online.
2. ConflictNet was an organization that started 8 years before the commercial internet and tied together the dispute resolution industry.
3. The “holy grail” is the online mediation experience being just about as good as being there in person, while also being far more accessible and affordable.
4. The incoming generation feels much more comfortable communicating on their phone than face-to-face, which can feel too intimidating or personal to them.
5. The other two key areas of focus are serving the public looking for mediators (via Mediate.info) and providing technology and case management support for large organizations, courts, and agencies (via ODR.com).
6. Mediate.com has partnered with the American Arbitration Association (AAA).
7. Workplace mediation related to insurance companies approving it as an Employee Assistance Program (EAP) benefit is skyrocketing.
8. The primary challenge is preserving the “human touch” – ensuring that people feel a real person is understanding and working with them to maximize satisfaction.
9. He suggests the concept of a preliminary mediation consultation, an affordable, shorter session where potential clients can ask questions before committing to full mediation.
10. The “gatekeepers” are judges and the courts themselves, who are unable to handle the current caseload and need assistance with settling cases earlier and more affordably.

Essay Format Questions

1. Discuss the historical development of Mediate.com from ConflictNet to its current three-pronged approach (Mediate.com, Mediate.info, and ODR.com). How have technological advancements and societal changes influenced this evolution?
2. Analyze the perceived benefits and drawbacks of online mediation as discussed by Jim Melamed and Clare Fowler. How do they argue that the advantages outweigh the traditional in-person model for many clients and types of cases?
3. Explain the concept of the “three-legged stool” business model of Mediate.com. Describe the target audience and primary function of each leg (Mediate.com, Mediate.info, and ODR.com) and how they are intended to complement each other.
4. Evaluate the future challenges and opportunities for the mediation field as identified in the podcast, specifically addressing the roles of automation, AI, and maintaining the “human touch.” How are Mediate.com’s current initiatives preparing mediators for this future?
5. Discuss the speakers’ arguments for why access to justice and resolution are improved by online mediation. Consider the factors they mention such as cost, accessibility, flexibility, and timeliness.

Glossary of Key Terms

• ConflictNet: An organization started eight years before the commercial internet that connected the dispute resolution industry. Precursor to Mediate.com.
• Mediate.com: The core platform focused on supporting mediators, providing training, career support, and a directory for the public to find mediators.
• Mediate.info: A public-facing website launched by Mediate.com to provide information about dispute resolution options, articles, and quizzes to help the public determine the appropriate process.
• ODR.com: A separate entity spun off from Mediate.com, focused on providing technology and case management platforms for large organizations, courts, and agencies for online dispute resolution (ODR).
• Online Dispute Resolution (ODR): The process of resolving disputes using online tools and technologies. The podcast highlights its increasing prevalence and capabilities.
• Graphical Internet: The widespread adoption of web browsers that could display images and graphics, making the internet more accessible and leading to the need for websites. (Referenced as starting around 1996).
• Holy Grail (of ODR): The state where online mediation is perceived as nearly as effective as in-person mediation while being significantly more accessible and affordable.
• Chunking (Mediation Process): The shift from long, continuous mediation sessions to breaking down the process into smaller segments or focusing on specific issues, particularly facilitated by the online environment.
• Fee Certainty: The preference among clients, especially in the online environment, to know the total cost of a mediation service upfront rather than being billed hourly.
• Preliminary Mediation Consultation: A suggested concept for a short, affordable initial session where potential clients can discuss their situation and ask questions about mediation before committing to a full process.
• Access to Justice/Resolution: The principle that dispute resolution services should be available and affordable to a wide range of people, regardless of their location or financial status. ODR is presented as enhancing this.
• Scalability: The ability of a dispute resolution system (like ODR platforms) to handle a large volume of cases and users, often associated with serving courts and agencies.
• Rapport: The ability to establish a trusting and understanding relationship with clients, emphasized as a critical skill for mediators, including in the online environment.
• ABA Dispute Resolution Section: The section of the American Bar Association focused on alternative dispute resolution methods like mediation and arbitration. The conference where the podcast is recorded is hosted by this section.
• EAP Benefit: Employee Assistance Program benefit; workplace mediation being approved as an EAP benefit means employers cover the cost for their employees.
• AI (Artificial Intelligence): Discussed as a technology that mediators need to understand and potentially incorporate, as clients are increasingly exploring AI relative to their situations before mediation.
• Automation: The use of technology to perform repetitive tasks in the mediation process, aiming for efficiency and consistency.

                       

Mac-Arthur Pierre-Louis

I am a former public school teacher turned Assistant Attorney General (AAG) with the Office of the Attorney General of Texas and current family lawyer and mediator working on family and civil mediations in Texas and Florida. Since 2009 I have worked to help parties resolve their legal disputes in… MORE >

                       

Clare Fowler

Clare Fowler is Executive Vice-President and Managing Editor at Mediate.com, as well as a mediator and trainer. Clare received her Master's of Dispute Resolution from the Straus Institute for Dispute Resolution at the Pepperdine University School of Law and her Doctorate in Organizational Leadership, focused on reducing workplace conflicts, from Pepperdine… MORE >

                       

Jim Melamed

Jim Melamed co-founded Mediate.com in 1996 along with John Helie and served as CEO of Mediate.com through June 2020 (25 years).  Jim is currently General Counsel for Mediate.com and ODR.com. During Jim's 25-year tenure, Mediate.com received the American Bar Association's 2010 Institutional Problem Solver Award.  Before Mediate.com, Jim founded The… MORE >