Civil Mediation Section


Civil Mediation Articles


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.
David A. Hoffman

Interview with David Hoffman

(2/16/16)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.

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.
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.
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.
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