Civil Mediation Section


Civil Mediation Articles


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.
Stephen Erickson

Interview with Steve Erickson

(12/08/15)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.
John Lande

Another View of the New FRCP Rules

(12/04/15)John Lande I recently posted an item citing the IAALS’s work touting the benefits of the new amendments to the Federal Rules of Civil Procedure. For a counterpoint, here’s a draft article by SMU Professor Elizabeth G. Thornburg, Cognitive Bias, the ‘Band of Experts,’ and the Anti-Litigation Narrative.
Leonard Riskin

Interview with Leonard Riskin

(12/03/15)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.
Robert Arrington

The Continuing Struggle Over Class Action Waivers in Arbitration

(12/01/15)Robert Arrington The issue of mandatory arbitration of employment and consumer disputes continues to be controversial.
Michael Leathes

Need a mediator? Don’t Just Phone-a-Friend! Recommendations alone are not the best way to select a mediator

(11/23/15)Michael Leathes People commonly rely on word of mouth to choose a lawyer, dentist, architect, accountant, surveyor, physician or just about any other professional. Selecting a mediator by word of mouth, however, is most likely not your best choice for a number of reasons.
Roger Fisher

Interview with Roger Fisher

(11/09/15)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.
Mediate.com ZZZZZ

Mediate.com Recognized as "Top 10" Attorney Directory Site!

(11/09/15)Mediate.com Now celebrating our 20th Anniversary, Mediate.com has been recognized as a "Top 10" Attorney Directory by Attorney Rankings. Mediate.com is the overall 9th ranked attorney directory and the only mediation or ADR directory listed.
Phyllis Pollack

Defining A “Settlement” or When Is A Case Moot ?

(11/09/15)Phyllis Pollack The other day, I came across a case argued before the U. S. Supreme Court on October 14, 2015 involving both of these issues. It caught my interest because the questions presented to the U. S. Supreme Court are; (1) whether a case becomes moot when the plaintiff receives a settlement offer that provides full and complete relief on his claim; and (2) Does such an offer of complete relief on his claim moot his class claim where that class has not yet been certified?
Joe Markowitz

Urban Projects

(11/09/15)Joe Markowitz Litigation is similar to an unfinished building project: the community has to live with something that is ugly; that is enormously wasteful; and that has been sitting there unfinished for a long time. Its continued unresolved status satisfies neither those opposed nor those in favor of the project.
Beth Graham

High Profile San Antonio Trust Dispute Sent to Mediation

(11/09/15)Beth Graham A Bexar County Probate Court Judge has reportedly asked the parties engaged in a high profile battle over a trust valued at nearly $1 billion to engage in mediation. In the case, the 88-year-old owner of the National Football League’s New Orleans Saints and the National Basketball Association’s New Orleans Pelicans, Tom Benson, and his only daughter are apparently at odds over control of the assets that were placed in trust by Benson’s late wife who sadly passed away in 1980.

Who Says That Mediation Needs Reclaiming?

(11/09/15)William Levine, Chouteau Levine These authors assert that most of the traditional values and styles that guide divorce mediation are still applicable.
Frank Sander

Interview with Frank Sander

(11/06/15)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.
Charles Hill

The Opposite of “Judge Judy” in a Nutshell

(10/30/15)Charles Hill This article addresses the stark differences Judge Judy-type courtrooms and mediation.
L. Randolph Lowry

Interview with Randy Lowry

(10/23/15)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

Dispute Resolution Systems and the Future of Our Field

(10/23/15)John Lande First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds.
Kenneth Cloke

Interview with Ken Cloke

(10/13/15)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.
Michael A. Zeytoonian

Tom Brady: “We have all lost”

(10/12/15)Michael A. Zeytoonian Patriots’ quarterback Tom Brady’s sentiments about the ordeal of “Deflategate”, a story and a litigation that needlessly lingered around for seven months, reflects Abraham Lincoln’s sentiments over 150 years ago.
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