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New at Mediate.com

ODR and Ombudsmanship (5/13/13)
This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the Internet Corporation for Assigned Names and Numbers (ICANN).
ODR and the Courts (5/11/13)
Whilst acknowledging that ODR assumes two roles as a competing and complementing system to state courts, our focus in the following pages shall be exclusively directed to the complementary role of ODR, and to the development of court annexed ODR schemes. Accordingly, we shall commence by providing an overview of how states have started to incorporate ODR into the legal process, and then proceed to shed light on possible future paths for state-run ODR systems.

Can a Med-Arb Serve in Two Processes? (5/10/13)
Med-Arb is a controversial hybrid of two processes in which parties first go to mediation, and if the process is not successful, they arbitrate. In the “pure” form, the same Neutral assists both processes. But how can an arbitrator who has held discussions with the parties satisfy the requirements of “impartiality” and be a “fair arbitrator?”

Online Mediation: If the Shoe Fits (5/10/13)
As the Internet expanded the opportunities for transactions among buyers and sellers from different counties, several roadblocks emerged during disputes, including the expense of filing a lawsuit in a foreign country, the complex jurisdiction issues, and the distances involved. In response, an online forum surfaced as the most efficient way for the two parties to resolve any potential conflicts. Skeptics of online mediation have resisted the new forum due to the inability to communicate face-to-face and the lack of familiarity with the cyber-environment. Today, however, online mediation is no longer perceived as an experiment. As a matter of fact, the cyberspace model of online dispute resolution has expanded its disputes from simple e-commerce transactions to cater to a wide array of disputes.
The Promise and Reality of Online Dispute Resolution in Australia (5/10/13)
It is clear that Online Dispute Resolution (ODR) has grown significantly in response to local and international factors within Australia over the past decade. This growth is partly attributable to a healthy Alternative Dispute Resolution (ADR) environment within Australia. The use of ADR in Australia is widespread and all Courts and Tribunals now have the power to mandatorily refer disputes to ADR processes.

New EU Online Dispute Resolution Regulations (5/09/13)
Here is the final text of the new European Union Online Dispute Resolution (ODR) regulations for transborder consumer transactions - Great reading for anyone excited about ODR.
ODR and Justice (5/08/13)
In this chapter, we analyze the interaction between traditional concepts of justice and fields in which Online Dispute Resolution (ODR) has flourished and is burgeoning. We then explore the ways in which justice as traditionally conceptualized is adapting to the digital environment, and ask the question: Are traditional notions of justice relevant to contemporary online interactions between individuals, businesses, and governments?

Mediation Case Law Video: A Simple Mediator Mistake Leads to Big Problems (5/07/13)
In the case Catamount Slate Products v Sheldon, the appellate court reversed the trial court and refused to enforce an alleged oral mediated settlement where the intent of the parties to be bound was not established.

Los Angeles Superior Court Shutters ADR Program (5/06/13)
After more than 20 years, the largest program of its kind in the United States is calling it quits. We’re discussing the ending of possibly the largest single ADR practical training ground in the world. Could this be a "make lemonade" moment for mediators? Will this megalithic event impact mediators homogeneously, or will there be a stratification of consequences?

Secrets for Settlement - How to Succeed in Mediation (5/05/13)
Here then are some secrets of mediation that I have observed during my years as a professional mediator and that work for successfully resolving disputes.

One Language and One Video at a Time (5/03/13)
Online mediation is becoming increasingly popular. Giuseppe Leone is hoping to build on this popularity by using Skype to give mediators practice at testing their dispute resolution skills. Mr. Leone also points out that viewing a mediation role play can alleviate some clients' fears of the unknown.

Holding Both (5/03/13)
“What do you need to grow in order to have the capacity to hold both?” Holding both is a concept of holding on to your true self and seeing yourself in relation to the world around you. This author examines that concept in relation to the Boston marathon bombing.

20 Questions to Ask an Employee Before Considering Termination (5/03/13)
This practical guide provides a handout for employers. This is to be used by employers as a checklist to consider before terminating an employee.

Update on Home Foreclosure Mediation (5/02/13)
This is another in a series of updates on home foreclosure mediation developments within the United States by Mediate.com News Editor, Keith Seat.

Mediation Case Law Video: Wrongful Death (5/01/13)
In Estate of Barber v. Guilford County Sheriff's Department,, the appellate court ruled that a plaintiff's obligation not to defame a wrongful death action defendant is not unenforceable as a prior restraint on speech, where record showed the mediated agreement was based on a knowing, voluntarily and intelligent waiver of constitutionally protected rights.
ODR and Government (5/01/13)
The topic at hand is the use of the Internet to govern, and the role that ODR can play in e-government. Our discussion of e-government will be divided into three main sections: What has changed?; What must government (and e-government) do?; and Where are e-government and ODR going?
Online Dispute Resolution in Asia (5/01/13)
This chapter shall be divided into three parts; each part shall be devoted to assess the status quo of ODR in one of the three distinguished states, China, India and Japan, which have three of the highest Internet and mobile phone usage rates in the world.

Matt Phillips Is New NAFCM Executive Director (4/30/13)
Please welcome Matt Phillips as NAFCM’s new Executive Director. Matt’s most recent role was as director of the Volunteers of America Dispute Resolution Center in Everett, Washington. He was also the Chair-person for the Resolution Washington’s statewide legislative committee that was involved in raising over $12 million for conflict resolution.

Mediation Case Law Video: Those All-Day Mediations -- Maybe We Should Reassess? (4/30/13)
In the case In re Rains, the appellate court concluded that the bankruptcy court did not clearly err in finding a debtor mentally competent to enter into a mediated settlement, notwithstanding that immediately following the conclusion of mediation the debtor drove himself to the hospital where he was admitted and diagnosed with a cerebral aneurysm and stroke.

Interview with Pattie Porter (4/29/13)
This interview of Pattie Porter by Dave Hilton of the Conflict Specialists Show addresses such issues as conflict coaching; CINERGY conflict coach training; workplace conflict; the value of joining professional coaching and dispute resolution organizations; branding and networking when you have a coaching business; and more.
Mediate.com is the world's most visited ADR web site and offers the world's most used ADR Directories and over 15,000 searchable articles, news briefs and videos. Join our ADR Directories here. For dispute resolution professionals and programs, Mediate.com offers comprehensive web site development, geographically focused online advertising, online continuing education and Caseload Manager technology, training and ongoing support.




































