Civil Mediation Section


Civil Mediation Articles


Best Practices for Managing Wills Between Family Members

(4/28/17)Elaine Rushing

An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.

Dan Simon

Litigation–Style Mediation Has Got to Go

(4/21/17)Dan Simon

It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.

Michael Lewis

Interview with Michael Lewis

(4/20/17)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.

James J. Alfini

Interview with James Alfini

(4/12/17)James J. 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.

David A. Hoffman

Interview with David Hoffman

(4/12/17)David A. 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 ZZZZZ

Mediate.com Recognized as "Top 8" Attorney Directory for SEO!

(4/07/17)Mediate.com

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!

Frank Sander

Interview with Frank Sander

(4/06/17)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.

Sam Imperati

Traits of a 'Mediator'

(4/05/17)Sam Imperati

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.

Vicki Shemin

Divorce Lawyers: 5 Little Known Things You Need To Know

(4/03/17)Vicki Shemin

There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.

Patricia Thompson

Drafting Arbitration Clauses in Construction Contracts

(4/03/17)Patricia Thompson

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.

Stephen Erickson

Interview with Steve Erickson

(3/25/17)Stephen 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.

Michael Diliberto

Whose Privilege Is it Anyway?

(3/10/17)Michael Diliberto

This article discusses which privilege law governs in the context of enforcing a settlement agreement when both federal and state law claims are involved.

Susan Yates

Reflecting on RSI Focus Groups in Washington, DC

(3/03/17)Susan Yates

My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.

Kenneth Cloke

Interview with Ken Cloke

(2/12/17)Kenneth 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.

Beth Graham

Revised ICC International Court of Arbitration Rules Become Effective March 1st

(2/10/17)Beth Graham

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.

Jim Melamed

Mediators Take Note: BBB Complaints Against Mediation.com

(2/09/17)Jim Melamed

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.

Jan Frankel Schau

Bully Mediation

(2/03/17)Jan Frankel Schau

It is my observation that the bully approach is not effective in mediation, although it may be in court.

Denise Peterson

Embracing Impasse

(2/03/17)Denise Peterson

This article addresses three common impasses which can become future wins when mediators frame the discussion.

Margaret Shaw

Interview with Margaret Shaw

(2/02/17)Margaret Shaw

This is the complete interview by Robert Benjamin with New York based JAMS mediator Margaret Shaw filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

Homer LaRue

Interview with Homer LaRue

(1/18/17)Homer LaRue

This is the complete interview by Robert Benjamin with Homer LaRue filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Marvin E. Johnson

Interview with Marvin Johnson

(1/11/17)Marvin E. Johnson

This is the complete interview by Robert Benjamin with Marvin Johnson, a national leader in the field of dispute resolution generally and on issues of elevating diversity in the ADR field, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Beth Graham

Empirical Findings on International Arbitration: An Overview

(1/06/17)Beth Graham

In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration.

Richard Gertler

Avoiding Court in Business Disputes

(1/03/17)Richard Gertler

As a business owner a lawsuit can be a stressful situation. Fortunately, you have options, even when a dispute appears headed for the courtroom. By working with an experienced mediator, you gain hope of steering a business disaster toward an agreeable — and even amicable — resolution.

Stephen McDonough

Family Business Mediation: Solving Legal Issues Without Going to Court

(1/03/17)Stephen McDonough

Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation extend to more than just familial problems.

Leonard Riskin

Interview with Leonard Riskin

(12/27/16)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.

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