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Civil Articles

Civil Mediation Articles


The Mediation Miracle

(9/21/18)Leonard Edwards

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

(9/15/18)Colin Rule

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

(9/14/18)Ron Kelly

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

(9/12/18)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.

Do We Need to Raise Our Voice?

(9/06/18)Stuart Hanson

"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

(8/31/18)Michael A. Zeytoonian

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

(8/21/18)Jim Melamed

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

(8/08/18)Carrie J. 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

(7/27/18)Wanderley Baldez

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

(7/27/18)Leonard Edwards

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

(7/02/18)Beth Graham

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

(6/26/18)Mediate.com

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”

(5/18/18)Marcy Einhorn

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

(5/17/18)Tracee McCole

Many parents do not know how to help their adult children deal with divorce.

Interview with Leonard Riskin

(5/07/18)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

(4/16/18)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

(4/10/18)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

(4/06/18)Eric Van Loon

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

(4/04/18)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.

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

(3/26/18)Mediate.com

Now celebrating our 23rd Year, Mediate.com has been recognized as a Top Law Firm Directory.

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

(3/13/18)Robert Benjamin

Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

(3/09/18)F. Peter Phillips

One of the issues before the Supreme Court right nowis particularly interesting.

Damage Quantification in Delaware for Breaches of Contract in Post-Merger Litigation

(3/09/18)Arthur Rosenbloom

The article develops the question of whether damages for cases sounding in tort should be treated differently from those sounding in contract.

Interview with Michael Lewis

(3/07/18)Michael Lewis

This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.

In Memoriam: Frank E.A. Sander, pioneer in ADR (1927-2018)

(3/01/18)Frank Sander

Frank E.A. Sander ’52, a longtime Harvard Law School professor and a pioneer in the field of alternative dispute resolution, has died. He was 90.

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