Civil Mediation Section


Civil Mediation Articles


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.

Andrea Maia

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.

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.

Richard Peachey

Mr v Mrs: Call The Mediator

(6/27/16)Richard Peachey

Behind closed doors, in more than 500 locations across England and Wales, a network of National Family Mediation (NFM) services are meeting separated couples attempting to resolve their disputes over money, children and property – without a courtroom battle.

Justin Kelsey

Should We Also Talk About When Mediation Fails?

(6/27/16)Justin Kelsey

Many misunderstand what mediation is and mislabel dispute resolution processes. Litigators are urged to educate themselves about mediation, because if you only tell clients about the disadvantages then you are not providing balance either.

Patricia Porter

You Thought Your Marriage Was Miserable- Wait Till You Get To Court…

(6/10/16)Patricia Porter

The breakup of a marriage almost always involves some level of conflict between spouses, but the process of litigation during divorce ratchets that conflict up to a level of devastation for all members of the immediate and even extended family.

Joe Markowitz

Pre-litigation Dispute Resolution

(5/27/16)Joe Markowitz

More evidence that the practice of law has changed in fundamental ways: Employee representatives agreed that they prefer to resolve employer-employee disputes without litigation if possible.

Joseph Stulberg

Interview with Joseph Stulberg

(5/26/16)Joseph Stulberg

This is the complete interview by Robert Benjamin with Joe Stuhlberg, a leading mediation law professor, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.

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.

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.

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.

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).

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.

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.

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.

Malcolm Sher

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.

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