Civil Mediation Section


Civil Mediation Articles


Katherine Graham

How to Influence, and Direct, Parties in a Mediation

(4/29/16)Katherine Graham

Workplace mediators are able to influence the way the parties approach the content, interaction and process of their conflict. And they do this by selecting an intervention from a “continuum of power and influence” which moves from indirect through direct to coercive.

Margaret Shaw

Interview with Margaret Shaw

(4/18/16)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.

James Coben

Interview with Jim Coben

(4/14/16)James Coben

This is the complete interview by Robert Benjamin with Jim Coben, long-time former director of the Hamline University Conflict Resolution Program, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Michael Toebe

How Mediation Could Help Dispute Between MLB and Rose

(4/14/16)Michael Toebe

Pete Rose failed to have his ban from the sport rescinded recently. He's now been banned from any participation in the sport and inclusion into the Hall of Fame for 26 years and counting. The two sides cannot work through the conflict and it seems counterproductive to both sides' interests.

Gary Direnfeld

Beyond Court there is a World of Better Options to Resolve Parental Conflict. Here’s Four:

(4/08/16)Gary Direnfeld

When locked in bitter conflict, sometimes people resort to court. This can result in poor outcomes as the court is more limited in terms of solutions that can be ordered.

Michael Leathes

Data will defeat “the deadening drag of status quoism” The Global Pound Conference Series has kicked off

(4/04/16)Michael Leathes

The goal of the GPC Series 2016-17 is to provide the core global data needed to address the causes and remedies of user dissatisfaction with dispute resolution.

Michael A. Zeytoonian

Getting your day in court – what does it really mean? And how can we get it for you?

(3/29/16)Michael A. Zeytoonian

“I want my day in court.” “I was wronged and something’s got to be done about it. We need to fix this.”

Beth Graham

9th Circuit Botches Another Arbitration Case

(3/29/16)Beth Graham

One has to wonder whether the 9th Circuit is paying attention to the principles embodied in the Federal Arbitration Act (FAA) as interpreted by the Supreme Court.

Sid Lezak

Interview with Sid Lezak

(3/14/16)Sid Lezak

This is the complete interview by Robert Benjamin with former US Attorney and mediator Sid Lezak shortly before his death as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Richard Chernick

Witnesses in Arbitration – Federal Arbitration Act

(3/11/16)Richard Chernick

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable).

Howard Bellman

Interview with Howard Bellman

(3/04/16)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.

Nancy Shuger

“If I could just get the relevant parties into the room…”

(3/04/16)Nancy Shuger

This article addresses the question of how a mediator can bring disputing parties to the table when only one has expressed interest in mediation.

Peter Robinson

Interview with Peter Robinson

(2/29/16)Peter Robinson

This is the complete interview by Robert Benjamin with Peter Robinson, Co-Director of the Straus Institute for Dispute Resolution at Pepperdine University School of Law, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

The Minefield of Fee Disputes – It’s Not Just About Fees

(2/12/16)Malcolm Sher, Jobi Halper

Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.

Phyllis Pollack

Is There a “Gorilla in the Room”?

(2/12/16)Phyllis Pollack

California has a statute – Code of Civil Procedure Section 583.310– that requires that all cases be brought to trial within five (5) years of being filed or else be subject to dismissal. However, this five year period is tolled if during the final six (6) months of this five year period (i.e., after the case has been on file for 4 ½ years) the matter is submitted to mediation.

Meredith Richardson

The Worst Valentine's Day Ever

(2/05/16)Meredith Richardson

When you're young, the worst Valentine's Day ever may be the day at school when everyone got a flower or a card except for you. That's pretty bad.

Michael A. Zeytoonian

Let’s Cross-examine the Case Before We Decide to File that Lawsuit

(1/22/16)Michael A. Zeytoonian

I think it’s a good idea for people who find themselves in a dispute to do some cross-examining before they file a lawsuit.

From Gladiator To Mediator: The Challenges For Lawyers Who Become Mediators

(1/19/16)Gregg Relyea, Roy Cheng

This article examines the challenges experienced by lawyers who are training to become mediators. Many of these challenges stem from deeply ingrained perspectives associated with legal training and experience.

William E. Hartgering

Interview with Bill Hartgering

(1/18/16)William E. Hartgering

This is the complete interview by Robert Benjamin with William Hartgering, founder of Endispute and a JAMS mediator, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

John Lande

Is Proportionality of Discovery Good or Bad?

(1/08/16)John Lande

Many of us like the goals of reducing the adversarial elements of litigation but also want to protect plaintiffs’ reasonable access to the legal system. So are the new rules good or bad?

Enforcing Arbitration Clauses in Derivative Proceedings: Russia’s Perspective

(1/08/16)Mikhail Samoylov

Russian courts take a view that a shareholder is not bound by an arbitration clause included in a contract.

Marvin E. Johnson

Interview with Marvin Johnson

(1/05/16)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.

F. Peter Phillips

Oregon Supreme Court on Mediation Confidentiality

(1/04/16)F. Peter Phillips

On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately after, a mediation process.

Michelle LeBaron

Interview with Michelle LeBaron

(12/21/15)Michelle LeBaron

This is the complete interview by Robert Benjamin with Michelle LaBaron, a leading expert on cross cultural dispute resolution issues, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Phyllis Pollack

Which System Would the Jury Use?

(12/11/15)Phyllis Pollack

If you have been reading my blogs, you know that I am interested in neuroscience and the notion as discussed by Daniel Kahneman in his book Thinking Fast and Slow that we have two systems of thought to get through our day.

Click here for MORE ARTICLES