Civil Mediation Articles
The Case for Early Mediation; Part II of II
In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.
DOJ Flips on Class Waivers Issue
Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.
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.
Michael Leathes’ New Negotiation Book - Book Review
Michael Leathes has written a book on negotiation that is aimed at corporate counsel.
How to Mediate a Prenuptial Agreement
Marriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.
Comparative Data on Mediation Websites: Most Visited and Most Linked
According to Alexa.com, Mediate.com is most visited and most linked mediation website.
If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation
Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.
The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving
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.
Best Practices for Managing Wills Between Family Members
An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
BBB Complaints Against Mediation.com
At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates.
Litigation–Style Mediation Has Got to Go
It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.
Interview with 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.
Interview with James Alfini
This is the complete interview by Robert Benjamin with James Alfini, long-time professor of dispute resolution at Northern Illinois University, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
Interview with David Hoffman
This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Mediate.com Recognized as a Top Attorney Directory for SEO!
Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 8" Attorney Directory by Rankings.io. Mediate.com is the overall 8th ranked attorney directory and the only mediation or ADR directory listed!
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.
Traits of a 'Mediator'
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.
Divorce Lawyers: 5 Little Known Things You Need To Know
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
Drafting Arbitration Clauses in Construction Contracts
Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.
Interview with Steve Erickson
This is the complete interview by Robert Benjamin with Stephen Erickson, one of the founders of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
Whose Privilege Is it Anyway?
This article discusses which privilege law governs in the context of enforcing a settlement agreement when both federal and state law claims are involved.
Reflecting on RSI Focus Groups in Washington, DC
My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.
Interview with Ken 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.
Revised ICC International Court of Arbitration Rules Become Effective March 1st
On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.
Bully Mediation
It is my observation that the bully approach is not effective in mediation, although it may be in court.
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