Civil Mediation Articles
Mediator Engagement in Politics – and other things we care about
In his thought-provoking new book, Politics, Dialogue and the Evolution of Democracy the legendary Ken Cloke reflects on an exchange between two distinguished American authors, Lawrence Susskind and Bernie Mayer, reflected upon here.
Mediation Myths: Barriers to the Use of Mediation
Despite a record of success, in some quarters mediation continues to receive skeptical treatment as an unnecessary step in dispute resolution.
Don’t Dread Divorces this December
Thanks to the 2017 federal Tax Cuts and Jobs Act of 2017, (“TCAJA”), divorce lawyers and mediators know that December will be a busy time and some of us may be working right up to the close of the courthouse on Monday, December 31st.
Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?
The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.
My Favorite Resource Featuring Catherine Geyer
Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.
Interview with Margaret Shaw
This is the complete interview by Robert Benjamin with Margaret Shaw, recipient of this year's Mary Parker Follett award from ACR, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
The Mediation Miracle
In the past few decades, California has led a national shift in paradigms for family conflict resolution that has freed trial courts to do what they do best—ensure due process of law and serve as the court of last resort.
Justice
As a non-lawyer who teaches in law schools, I have been brought into the “justice” conversation many times. I am asked: How can you be sure your online systems will deliver justice?
New California Law Requires Informed Consent to Mediation
On January 1, a new California law will take effect; it will require a lawyer to make sure their client understands the implications of California's legal protections for mediation communication.
Interview with Randy 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.
Do We Need to Raise Our Voice?
"Keep calm and carry on" is generally a mantra I refer to when I am in the mediation room.
10 things to think about BEFORE you decide whether to litigate and which lawyer to hire
When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.
Online Dispute Resolution (ODR) for Lawyers
This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.
Interview with Carrie Menkel-Meadow
This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
The Roots of Mediation in Florida and its Worldwide Influence
The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.
Mediation in Juvenile Dependency Court: Multiple Perspectives
Since 1992, the Santa Clara County Juvenile Dependency Court has utilized confidential mediation as an integral part of the court process. After hundreds of mediation sessions, we believe it is time for the various participants in the dependency system to reflect on their perspectives on mediation, its strengths, weaknesses, and its future in our court system.
SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims
The high court's opinion will resolve a split among the Circuit Courts of Appeal regarding whether a court may decide the issue of arbitrability in situations where the arbitration claim is groundless.
Comparative Data on Mediation Websites: Most Visited and Most Linked
According to Alexa.com, Mediate.com is most visited and most linked dispute resolution website. See the new data here!
Online Dispute Resolution: the “New Normal”
It may come as a surprise that online dispute resolution has been around for more than twenty years.
Adult Kids of Divorcees Should Be Spared from the Drama
Many parents do not know how to help their adult children deal with divorce.
Interview with Leonard Riskin
This is the complete interview by Robert Benjamin with law professor Leonard Riskin filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
Interview with Howard Bellman
This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Interview with Roger Fisher
This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
Ten Tips Toward Client Arbitration Satisfaction
Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.
Interview with 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.
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