Civil Mediation Articles
Negotiating With My Client
As a freshly minted lawyer, I came to a realization within a few months of joining the workforce - my very expensive university education prepared me for only half the battle.
Ninth Circuit, Overturning an Award, Backs More Arbitrator Disclosure
The Ninth U.S. Court of Appeals ruled this week that arbitrators are required to disclose their ownership interests in the organizations they are affiliated with and the organizations’ business dealings with the arbitration parties.
Arbitration Jurisprudence Takes Strange Turn
The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour.
California’s Yolo Superior Court Launches New Online Dispute Resolution Program
California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.
New California Law Prohibits Pre-Dispute Employment Arbitration Agreements
California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.
Mandatory Minimums and Plea Bargaining
Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?
Family Mediation 2.0 - Integrating Online Capacities
Dramatic changes are coming to family mediation programs and practices in the U.S. In the court context, The National Center for State Courts (NCSC) and the Pew Charitable Trusts (Pew) are now leading the way to expand online access to justice, including online dispute resolution (ODR).
Interview with Bruce Edwards - The Future of Mediation and Mediation in India
This is a new interview of Bruce Edwards by Mediate.com's Managing Editor, Dr. Clare Fowler. Mr. Edwards discusses the growth in the field of mediation generally and the growth of mediation in India specifically.
Characteristics of Quality Court ADR Programs
What characteristics do you think are shared by quality court ADR programs? I took a swing at a list here. What would you add? Change?
US Appeals Court in “Manifest Disregard” Claim Instructs Arbitrator to Clarify “Irreconcilable Determinations”
I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.
Mediation for Timely Justice: Need of the Hour in India
Indian courts are now coming to favor mediation for the long run.
Mediation Gains Popularity in India (video)
This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!
Michigan Supreme Court Launches New Online Dispute Resolution Program, MI-Resolve
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.
ADR In INDIA
Every society, every community, every culture has some or the other form/s of resolving the disputes faced by their constituents. Often, the longer and more prosperous the lineage, the more refined and varied the mechanisms.
Mediation Essentials – Case Study of Delhi High Court Rules
What can you do if you think your case cannot be resolved by mediation?
Got A Final Award? It Ain’t Necessarily So
The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.
Power as Role and Reality in Mediation
The most valuable lesson I learned from the book, and the teacher, was the importance of power in any discussion.
SCOTX Grants Petition For Review Over Local Government Arbitration Question
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
Bringing Mediation into the Mainstream
Being a mediator brings surprises along the way. It is remarkable that, after years of waiting for Scotland to pick up the mediation baton, we now have two important initiatives underway.
May I Talk to the Other Party ?
I have said this before and will say it again: talking to the other party does wonders.
Mediating Custody in Highly Contested Divorce Cases
Child custody is often the most contentious aspect of divorce proceedings.
Appearance and Reality in Mediation
I argue that mediators are well advised to be mindful of the distinction between appearance and reality.
Comparing Mediation Websites
According to brand new 5/22/19 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
APFM, NAFCM, MBB & ACR Sponsor National Mediation Policy Act!
The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.
Construction Dispute Prevention and Mediation
In this short article, I will discuss a common dispute that I experience as a neutral mediator assigned to resolve the dispute, which is the disagreement between the contractor and client over the project.
 |
