Civil Mediation Section


Civil Mediation Articles


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.

F. Peter Phillips

NY Times: “Arbitration” = Secretive and Unfair

(12/18/16)F. Peter Phillips

On the front page of a New York Times there was an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 “sham” accounts were established.

Phyllis Pollack

Exception to Mediation Confidentiality: Moving Forward

(12/09/16)Phyllis Pollack

On December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to discuss its Study K-402-Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct.

Carrie J. Menkel-Meadow

Interview with Carrie Menkel-Meadow

(11/21/16)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.

Ute A. Joas Quinn

Mediation Users Make their Mark

(10/31/16)Ute A. Joas Quinn

The International Mediation Institute (IMI) has just released its 2016 International Mediation and ADR Survey. The results, which were generated by 815 individuals representing 67 countries and varied stakeholders (users, advisors, mediators, educators, students, providers, governments), are seriously thought provoking.

Mediation: Duels to Handshakes

(10/14/16)Daniel Ben-Zvi, Caroline Vincent

Walk into a mediation and you walk into a world of possibilities. Lawyers need to leave their weapons at the door and be open to opportunities that can arise in mediation.

U.S. Tax Court Alimony Decisions: Five Cases You Should Know

(10/14/16)Justin Kelsey, David Goodman

This article summarizes five U.S. Tax Court cases in which the Court ruled against the taxpayer on issues involving deductible alimony.

L. Randolph Lowry

Interview with Randy Lowry

(10/10/16)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, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

John Lande

Lainey Feingold's Book on Structured Negotiation

(10/03/16)John Lande

I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.

F. Peter Phillips

Waiver of Class Action Without Arbitration Provision

(10/03/16)F. Peter Phillips

In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision.

Joe Markowitz

Meet and Confer

(10/03/16)Joe Markowitz

For those who still think that litigation must always be conducted in an adversarial manner--that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution--consider that the courts are telling you otherwise.

David A. Hoffman

Interview with David Hoffman

(9/20/16)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.

John Lande

Training Law Students to be Leaders

(9/09/16)John Lande

The Ohio State program teaches students about lawyers’ service as leaders in various ways in their work in addition to lawyers’ generally-recognized leadership roles in civic society, including public service, outside their day jobs.

Beth Graham

Are Rules Allowing Arbitral Sanctions a Mirage?

(7/22/16)Beth Graham

In his publication, “Are Rules Allowing Arbitral Sanctions a Mirage?,” Mr. Morrow discusses whether an arbitrator may use permissive procedures to impose sanctions beyond those currently available by judicial decree.

Jim Melamed

Effective Conversations in American Society: Time for a National Mediation Act

(7/20/16)Jim Melamed

Please join Mediate.com in recognizing the importance of effective conversations and mediation by supporting a National Mediation Act. This is the shift in social consciousness, American exceptionalism and American leadership that we and the world now most need.

Teresa Wakeen

Interview with Terry Wakeen

(7/19/16)Teresa Wakeen

This is the complete interview by Robert Benjamin with well-known Seattle Mediator Terry Wakeen filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva

The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.

John Lande

Will Gretchen Carlson's Case Against Roger Ailes Go Through the Courts Because of Sloppy Drafting?

(7/11/16)John Lande

You may have heard about the lawsuit that Gretchen Carlson filed against Roger Ailes.

Frank Sander

Interview with Frank Sander

(7/05/16)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.

Roger Fisher

Interview with Roger Fisher

(6/27/16)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.

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