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New at Mediate.com
Announcing Three New Online Dispute Resolution (ODR) Websites (5/22/13)
Resourceful Internet Solutions, Inc. (RIS) and our flagship sites Mediate.com and Arbitrate.com are proud to announce the launch of three new online dispute resolution websites at: The world of online dispute resolution is growing rapidly and at an accelerating pace based both upon purely online initiatives and because all mediators and arbitrators are now "online mediators and arbitrators." We all now use the internet extensively in nearly every case. We hope and trust that you will gain great value from our new ODR websites.
ODR Theory and Practice: Table of Contents, Forward, Introduction & First Chapter: ODR Past, Present & Future (5/21/13)
As a service to the ADR and ODR fields, Mediate.com is honored to make the book "Online Dispute Resolution: Theory and Practice" by Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey ( Eds.) available. We here begin with the Forward, Introduction and First Chapter of "Online Dispute Resolution: Theory and Practice."
Business As Usual? Mediation and the Justice System (5/19/13)
This article considers the under-use of mediation in the UK's second largest jurisdiction, Scotland. The article has three sections: a "myth buster" and two questions. The first examines three popular myths about mediation; the second addresses the question, "How does mediation add value to the justice system"; and the third presents the business case for lawyers, "Why does mediation make good business sense?"
Congregational Conflict: Why Don't We Seek Help (5/18/13)
This article addresses two congregational issues: why we do not seek help to settle our disagreements, and the misguided reasons we use to justify it.
ODR in North America (5/18/13)
In the chapter, the authors map out the state of ODR private market services and look at our federal government and its potential roles as a major provider and user of ODR services. The US and Canada have not only spear-headed the offering of ODR services. North American institutions were also the first to set up research institutes in this area of dispute resolution, as well as to incorporate ODR into academic curricula.
ODR in Europe (5/18/13)
This paper offers an overview of the present situation of ODR in Europe and discusses effective development of ODR deployments to handle online, offline, national and cross-border disputes in Europe. To do so, we proceed by first defining the scope of ODR and reviewing existing services. We then continue by analyzing the major challenges faced by ODR in Europe and finally conclude by suggesting some future scenarios.
Expectation and Regret - A Look Back At How Mediation Has Fared In The U.S. (5/17/13)
In May, 2013, I gave a keynote talk to the Civil Mediation Council in London for their 7th National Conference. The question I was asked to address was: “What should we in England learn from the U.S. mediation experience?” Said differently, what might others profitably take from the explosive growth of court, community and privately offered mediation over the last 25 years in the U.S.? What hind-sights can we offer now that, by some measures, both countries have succeeded in marrying mediation into their civil law systems and legal cultures and what regrets and appreciations do Americans hold?
ODR and e-Arbitration – Trends & Challenges (5/17/13)
This chapter is divided into five sections. In section 1, the author sheds light on the conceptual framework of e-arbitration. In section 2, the issues pertaining to the e- arbitration agreement are scrutinized. Section 3 focuses on e-arbitral proceedings and section 4 addresses e-arbitral awards. Section 5 provides an overview of some e-arbitration projects and initiatives. Finally, the author offers some concluding observations,
Lincoln Unchained: A Principled Hardball Negotiator For the Ages - Film Review (5/16/13)
“Lincoln” is worthy of admission to the elite pantheon of excellent films, few in number, that focus on negotiation. More than merely a well-drawn historical drama, as some have characterized it, the film pushes beyond the simplistic mythology of Lincoln as the great emancipator and savior of the Union to examine the reality of what is required to negotiate difficult human events. Not surprisingly, little has changed in the intervening 150 years, which makes the film deserving of careful review by teachers and practitioners of negotiation and mediation.
From Behind the Glass: Mandatory Family Law Mediation (5/16/13)
This article sets out a plan of attack for how an attorney can effectively advocate for their client in a mandatory family law mediation setting where the attorney is excluded from the mediation session.
International Mediation Developments - May 2013 (5/16/13)
This is another in a series of articles on international mediation updates by Mediate.com News Editor, Keith Seat.
eMediation (5/16/13)
This chapter beings with a brief discussion of the developmentof e-mediation within the wider context of ODR growth. Next, a snapshot is provided of the field’s status quo with respect to stakeholders, modes of communication and technology utilized, as well as the prevailing trends. The third section addresses substantive and process issues in e-mediation: mediation process models, stages and issues, practitioner skills, professional issues, ethics and practitioner standards.
Dzhokar Tsarnaev (5/16/13)
As we find ourselves satiated with the lurid details of the Boston Marathon Bombing, we notice the comic relief story: “Social Media Shows Support for Alleged Bomber’s Innocence." The temptation here is to either chuckle at Dzhokhar’s supporters’ refusal to accept the incursion of reality into their lives or express anger that there is any support at all for one who seems likely to have committed such an atrocity, and utilize this as an opportunity to allow ourselves to exclude these voices and belittle their message.
Mediation Case Law Video: Does Involvement of a Mediator Help Ensure Class Action Settlement? (5/15/13)
In Kakani v. Oracle Corp., the appellate court rejected the assertion that the involvement of a mediator helps to prove lack of collusion.
Fourth and Goal: How The 2011 NFL Season Was Saved (5/15/13)
The National Football League (“NFL”) labor dispute lasted over 130 days. The specific dispute was a labor controversy over revenue sharing, and effective negotiations were the only thing that allowed the 2011 NFL season to proceed.
ODR and eNegotiation (5/15/13)
Online dispute resolution (ODR) and eNegotiation are two overlapping components within the world of electronic group decision support systems. eNegotiation encompasses all online transactions in which two or more parties seek an agreement through negotiation. These negotiations can range from e-Commerce to international peace treaties.
Legal Mediation News - May 2013 (5/14/13)
Here is another in a series of legal mediation news updates by Mediate.com News Editor, Keith Seat.
Mediation Case Law Video: Enforcing Oral Mediation Settlement Agreement (5/13/13)
In the case Ledbetter v Ledbetter, the appellate court considered the issue of whether parties to a divorce mediation should be bound to a settlement orally dictated by the mediator and affirmed by parties and their counsel at mediation, which was later repudiated by one of the parties.
ODR and Ombudsmanship (5/13/13)
This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the Internet Corporation for Assigned Names and Numbers (ICANN).
ODR and the Courts (5/11/13)
Whilst acknowledging that ODR assumes two roles as a competing and complementing system to state courts, our focus in the following pages shall be exclusively directed to the complementary role of ODR, and to the development of court annexed ODR schemes. Accordingly, we shall commence by providing an overview of how states have started to incorporate ODR into the legal process, and then proceed to shed light on possible future paths for state-run ODR systems.
Can a Med-Arb Serve in Two Processes? (5/10/13)
Med-Arb is a controversial hybrid of two processes in which parties first go to mediation, and if the process is not successful, they arbitrate. In the “pure” form, the same Neutral assists both processes. But how can an arbitrator who has held discussions with the parties satisfy the requirements of “impartiality” and be a “fair arbitrator?”
Online Mediation: If the Shoe Fits (5/10/13)
As the Internet expanded the opportunities for transactions among buyers and sellers from different counties, several roadblocks emerged during disputes, including the expense of filing a lawsuit in a foreign country, the complex jurisdiction issues, and the distances involved. In response, an online forum surfaced as the most efficient way for the two parties to resolve any potential conflicts. Skeptics of online mediation have resisted the new forum due to the inability to communicate face-to-face and the lack of familiarity with the cyber-environment. Today, however, online mediation is no longer perceived as an experiment. As a matter of fact, the cyberspace model of online dispute resolution has expanded its disputes from simple e-commerce transactions to cater to a wide array of disputes.
The Promise and Reality of Online Dispute Resolution in Australia (5/10/13)
It is clear that Online Dispute Resolution (ODR) has grown significantly in response to local and international factors within Australia over the past decade. This growth is partly attributable to a healthy Alternative Dispute Resolution (ADR) environment within Australia. The use of ADR in Australia is widespread and all Courts and Tribunals now have the power to mandatorily refer disputes to ADR processes.
ODR and Justice (5/08/13)
In this chapter, we analyze the interaction between traditional concepts of justice and fields in which Online Dispute Resolution (ODR) has flourished and is burgeoning. We then explore the ways in which justice as traditionally conceptualized is adapting to the digital environment, and ask the question: Are traditional notions of justice relevant to contemporary online interactions between individuals, businesses, and governments?
Mediation Case Law Video: A Simple Mediator Mistake Leads to Big Problems (5/07/13)
In the case Catamount Slate Products v Sheldon, the appellate court reversed the trial court and refused to enforce an alleged oral mediated settlement where the intent of the parties to be bound was not established.
Los Angeles Superior Court Shutters ADR Program (5/06/13)
After more than 20 years, the largest program of its kind in the United States is calling it quits. We’re discussing the ending of possibly the largest single ADR practical training ground in the world. Could this be a "make lemonade" moment for mediators? Will this megalithic event impact mediators homogeneously, or will there be a stratification of consequences?
Secrets for Settlement - How to Succeed in Mediation (5/05/13)
Here then are some secrets of mediation that I have observed during my years as a professional mediator and that work for successfully resolving disputes.
One Language and One Video at a Time (5/03/13)
Online mediation is becoming increasingly popular. Giuseppe Leone is hoping to build on this popularity by using Skype to give mediators practice at testing their dispute resolution skills. Mr. Leone also points out that viewing a mediation role play can alleviate some clients' fears of the unknown.
Holding Both (5/03/13)
“What do you need to grow in order to have the capacity to hold both?” Holding both is a concept of holding on to your true self and seeing yourself in relation to the world around you. This author examines that concept in relation to the Boston marathon bombing.
The Gray Divorce (5/03/13)
Though the fact that divorce has become more common and less of a stigma has some impact, that does not explain why the gray divorce rate is climbing while the general divorce rate is going down. Denise Tamir suggests a few contributing factors.
10 Helpful Tips for Mediating Child Related Issues (5/03/13)
The article provides helpful tips and considerations for parents to address in divorce mediation when minor children are involved. There are specific considerations that parents need to be made aware of before they enter the mediation process with children.
20 Questions to Ask an Employee Before Considering Termination (5/03/13)
This practical guide provides a handout for employers. This is to be used by employers as a checklist to consider before terminating an employee.
Update on Home Foreclosure Mediation (5/02/13)
This is another in a series of updates on home foreclosure mediation developments within the United States by Mediate.com News Editor, Keith Seat.
Mediation Case Law Video: Wrongful Death (5/01/13)
In Estate of Barber v. Guilford County Sheriff's Department,, the appellate court ruled that a plaintiff's obligation not to defame a wrongful death action defendant is not unenforceable as a prior restraint on speech, where record showed the mediated agreement was based on a knowing, voluntarily and intelligent waiver of constitutionally protected rights.
ODR and Government (5/01/13)
The topic at hand is the use of the Internet to govern, and the role that ODR can play in e-government. Our discussion of e-government will be divided into three main sections: What has changed?; What must government (and e-government) do?; and Where are e-government and ODR going?
Online Dispute Resolution in Asia (5/01/13)
This chapter shall be divided into three parts; each part shall be devoted to assess the status quo of ODR in one of the three distinguished states, China, India and Japan, which have three of the highest Internet and mobile phone usage rates in the world.
Matt Phillips Is New NAFCM Executive Director (4/30/13)
Please welcome Matt Phillips as NAFCM’s new Executive Director. Matt’s most recent role was as director of the Volunteers of America Dispute Resolution Center in Everett, Washington. He was also the Chair-person for the Resolution Washington’s statewide legislative committee that was involved in raising over $12 million for conflict resolution.
Mediation Case Law Video: Those All-Day Mediations -- Maybe We Should Reassess? (4/30/13)
In the case In re Rains, the appellate court concluded that the bankruptcy court did not clearly err in finding a debtor mentally competent to enter into a mediated settlement, notwithstanding that immediately following the conclusion of mediation the debtor drove himself to the hospital where he was admitted and diagnosed with a cerebral aneurysm and stroke.
Interview of Pattie Porter (4/29/13)
This interview of Pattie Porter by Dave Hilton of the Conflict Specialists Show addresses such issues as conflict coaching; CINERGY conflict coach training; workplace conflict; the value of joining professional coaching and dispute resolution organizations; branding and networking when you have a coaching business; and more.
ODR and Trust (4/29/13)
Trust is on the rise. Perhaps not in practice, but certainly as an area of interest and research. This is clear to anyone tracking the dispute resolution and conflict management fields, and is particularly noticeable in the field of ODR, in which trust has always received special attention.
Managing Business Risk (4/26/13)
Managing business risk can be done through effective negotiation and conflict management. Mediators can help to manage that business risk by nipping things in the bud – and resolving difficult disputes.
I'm Heading for Divorce. How do I Start? (4/26/13)
This article walks through the divorce process for someone who is just beginning to consider a divorce. It gives a practical guide for people to navigate through the process without an emotional roller coaster.
Developing an Online Mediation Practice (4/26/13)
This article chronicles the observations and lessons learned of a mediator, new to both webcam communication and online mediations, during a series of simulated mediations with Virtual Mediation Labs (VML). Ben describes some of the problems he encountered during the simulations and the implementation of Skype into his practice and how instrumental the VML programme is to a prospective online mediator. The lessons learned in this article will enable a mediator to be aware of the fundamentals of online mediation and gives a brief synopsis of the commonest problems encountered during online mediation.
Mediation Case Law Video: Divorce Agreement Complications (4/25/13)
In Guthrie v. Guthrie, the validity of a divorce agreement was called into question due to one party's state of mind at the signing. A complicating issue was husband's death during the proceedings.
The Mediator as Moral Witness (4/23/13)
People in conflict often present their claims in starkly moral terms: "I'm in the right -- the other party is clearly in the wrong." Mediators are trained to deflect argument involving moral claims from a focus on entrenched positions to a focus on underlying interests. But what if the parties perceive their most profound underlying interest to be validation of their being “right”? What if each party is looking to the mediator to be a witness to the other party’s “moral culpability”?
Mediate.com is the world's #1 mediation web site and offers the world's most used Directory of Mediators and over 14,000 searchable articles, news briefs and videos. For dispute resolution professionals and programs, Mediate.com offers comprehensive web development, geographically focused online marketing, continuing education and case management technology, training and ongoing support.
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