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![]() Mediation Case Law Video: Does Involvement of a Mediator Help Ensure Class Action Settlement? James Coben In Kakani v. Oracle Corp., the appellate court rejected the assertion that the involvement of a mediator helps to prove lack of collusion. ![]() Mediation Case Law Video: Enforcing Oral Mediation Settlement Agreement James Coben In the case Ledbetter v Ledbetter, the appellate court considered the issue of whether parties to a divorce mediation should be bound to a settlement orally dictated by the mediator and affirmed by parties and their counsel at mediation, which was later repudiated by one of the parties. ![]() Mediation Case Law Video: A Simple Mediator Mistake Leads to Big Problems James Coben 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. ![]() Mediation Case Law Video: Those All-Day Mediations -- Maybe We Should Reassess? James Coben 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. ![]() Mediation Case Law Video: Divorce Agreement Complications James Coben In Guthrie v. Guthrie, the validity of a divorce agreement was called into question due to one party's state of mind at the signing. A complicating issue was husband's death during the proceedings. ![]() Mediation Case Law Video: Enforceable Mediation Agreement James Coben In Chesney v. Hypertension Diagnostics, the appellate court affirmed the trial court's conclusion that a mediated memorandum agreement is binding and enforceable despite the parties' failure to complete a more comprehensive settlement document. ![]() Mediation Case Law Video: Enforcing Old Agreements James Coben In Buckley v. Shealy, the appellate court decided to not to enforce a mediated divorce settlement, when the agreement is over a decade old and was never submitted to the court. ![]() Interview with Lee Jay Berman Lee Jay Berman This video interview by Dave Hilton, host of the Conflict Specialists Show, with Lee Jay Berman, founder of the American Institute of Mediation (AIM) addresses issues of complex commercial mediation, attorney-mediators vs non-attorney mediators, fallacy of impasse, heavy metal mediators, transitioning from volunteer mediator to paid mediator and the mediator starter kit. ![]() Mediation Case Law Video: Including Arbitration Provision James Coben In Fair v. Bakhtiari, , the appellate course reversed the trial court's refusal to enforce a mediated settlement and compel arbitration pursuant to its terms because inclusion of the arbitration provision in the settlement was "consistent solely with an intention on the part of the parties for the settlement terms document to be enforceable or binding," thereby making the settlement admissible based on a statutory exception to inadmissibility where an "agreement provides that it is enforceable or binding or words to that effect."
Resolve-O-Matic (humor video)
Chip Rose, Donald T. Saposnek Join Chip Rose and Don Saposnek for their tongue-in-check infomercial for Resolve-O-Matic. Hear about all of the many benefits and how Resolve-O-Matic will change your life for the better.
Mangled Roommate Mediation (humor video)
Brittni and McKay seek help from a roommate mediator, a somewhat directive mediator that, ultimately, has a solution for all.
The EU Museum Mediators Project (video)
Eva-Kaia Vabamäe reflects on her experience as a "Museum Mediators" course participant. Afterwards, the European dimensions and challenges arise in the difficult translation of the term "Museum Mediation" to Estonian.
Mediation Training Academy (humor video)
Chip Rose, Donald T. Saposnek This tongue in cheek video shows two instructors at "The Mediation Academy" discussing mediation fee arrangements and 12 steps to avoid mediator emotional co-dependency. Be sure to to check out all of our continuing education offerings at Mediate.com University. ![]() Culture & Gender Issues in Negotiation & Mediation (video) Nina Meierding This is a video sample from Nina Meierding's seven-hour online course on Culture & Gender Issues in Negotiation & Mediation. Go to Mediate.com University to review this couse and other continuing education opportunities. ![]() The Perfect Mediation (humor video) Chip Rose The Perfect Mediation is a 4 minute video showing how easy mediation can sometimes be. Be sure to to check out all of our continuing education offerings at Mediate.com University. ![]() Mediation Case Law Video: Handwritten Agreement James Coben In Heaven & Earth, Inc. v. Wyman Properties Limited Partnership, the appellate court enforced a handwritten mediated settlement of lease extension by night club against challenge that parties' failure to reach full agreement on limitations and notice requirements for sound checks was a missing essential element that precluded enforcement. ![]() Mediation Case Law Video: Authority to Settle James Coben In Fivecoat v. Publix Super Markets, Inc., the appellate court reversed the trial court's order enforcing mediated workers' compensation settlement, where the claimant's attorney did not have clear and unequivocal authority to settle on claimant's behalf. ![]() Resolving Pressing Issues in Divorce Mediation (video) James Melamed This video on resolving pressing issues at the beginning a divorce mediation is from Jim Melamed's 15-hour "Mediating Divorce Agreement" course available at Mediate.com University. ![]() Mediation Gains Popularity in India (video) Mint TV This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!
Family Basics and Divorce Mediation - Video
Gabriel Cheong, Esq. Divorce and Family Mediation Basics Video. This is a question and answer video that tries to answer all of the basic divorce questions.
Workplace Conflict Training - Video
Fighting Fair This workplace mediation training video demonstrates the mediation process and conflict resolution steps to resolve disputes in the workplace. ![]() Announcing Mediate.com University James Melamed Mediate.com is thrilled to bring our extensive library of video courses and resources to you now by online video streaming. This means that you are now able to enjoy our fine courses and resources immediately, at any location, and at a meaningfully lower price. There is no more convenient or affordable way to take care of your continuing education needs. ![]() UN Guide for Effective Mediation - Video United Nations With armed conflicts trending upward again and proving increasingly complex, the challenges are also mounting for mediators working to resolve them through negotiations. Newly developed guidance from the United Nations can help them to succeed, providing practical advice for navigating mediation processes effectively. This video describes the 8 UN fundamental guidelines. ![]() Mediation in Disability Cases - Video Leo Hura This video by Leo Hura shows a parent with a disabled child. She finds herself in a dispute with her school, but through the mediation process she reaches agreement with school regarding her disabled child in a culinary program. ![]() PON Setting the Stage - Video Guhan Subramanian Professor Guhan Subramanian has created a video for Harvard's Program on Negotiation called Setting the Stage.
Mediation in Action - Video
A workplace dispute between two colleagues has created an issue which is affecting their colleagues and the business. This video shows a real example interviewing the owner, both employees, and their mediator. They reflect on the process and how mediating has changed their business. ![]() Exemplary Leadership: How Dispute Resolution Professionals Change Cultures - video and materials Michelle LeBaron In this address, Professor LeBaron explores how special education dispute resolution professionals can contribute to educational cultures of inclusion and creativity. ![]() Staying with Conflict: The Challenge of Engagement in the Face of Enduring Disputes - video and materials Bernard Mayer In his keynote address, Professor Mayer explores some of the characteristics and dilemmas of enduring conflict and ways that conflict resolvers can shift the narrative from one of prevention, management, and resolution to one of anticipation, support and engagement. ![]() The Four Ways to Assure Mediator Quality (and why none of them work) - video and materials Michael Moffitt What, if anything, reasonably provides mediation consumers with confidence about the quality of mediators’ services? ![]() 5 Sources of Conflict - Video Diana Mercer The 5 Sources of Conflict. This is an excerpt from a 25-hour basic family mediation training that is offered in the Los Angeles area by Diana Mercer. ![]() Ensuring Self-Determination Throughout Mediation: Ethical and Effective Practices in Screening Cases, Preparing Clients, and Avoiding Coercion - video and materials Tim Hedeen Disputants and mediators together determine a mediation’s success, sometimes only in retrospect. This interactive workshop explored opportunities prior to and during a session, when the mediator may support-even enhance-parties' abilities to make the most of their mediation experience. ![]() Reducing Defensiveness - Video Gregorio Billikopf This presentation introduces four specific steps for effectively transforming even the most provocative personal attacks into something constructive. Listeners may wish to also read Chapter 4 of Party-Directed Mediation, Interpersonal Negotiation Skills. April 2012, Duration: about 10 minutes plus homework. ![]() Collaborative Divorce Explained - Video Dr. Ellie Izzo Dr. Ellie Izzo, an expert in the field, explains the details and benefits to a Collaborative Divorce. She discusses how Tiger Woods decides to put his children first in an amicable divorce. ![]() The Secret World of Mediation (humor video) Jay Welsh The team at JAMS has finally been able to videotape a mediation to present the mediation process. This video aims to increase transparency of the process and to help clients understand how hard mediators work for them. JAMS promises that this is a real mediation and that all of the participants have agreed to allow this video to be public. ![]() What is Arbitration - Video Jim McCartney Jim McCartney, a Charter Arbitrator and Charter Mediator, talks about what arbitration is. He explains the process and the benefits to the clients. He says that the best way to think of arbitration is as a private court. ![]() Faith-Based Diplomacy - Video Greg Stone Faith-Based Diplomacy, an emerging discipline that seeks to integrate religion and politics in the cause of peacemaking and reconciliation, is explained by the Canon Reverend Brian Cox. Father Alexei Smith, Shakeel Syed, and Rabbi Mark Diamond share insights regarding the inter-faith dialogue that is such a vital step in peacemaking. ![]() Sandi Sherr Parenting Mediation - Video Sandi Sherr A welcoming message from Sandi Sherr, parenting mediator at Main Line Family Law Center, a law firm specializing in integrated divorce mediation practices, along Philadelphia Main Line. ![]() Avoiding, Preventing, Resolving Conflict - Video Leo Hura Leo Hura series and specials are media productions produced by volunteers using Olelo Community Media. This video is one in a series that shows a role play of the mediation process. Each video shows a different aspect of the process with a role play and a simulation. ![]() Stanford How to Negotiate - Video Stanford School of Business This is an instructional video produced by the Stanford School of Business. It covers the process of negotiation by Joel Peterson. ![]() Elder Mediation - Video JK Belz Video where the owners of JK Belz Mediation and Crowley Legal Solutions discuss the mediation process. The owners also discuss their focus: elder mediation. ![]() Online Mediation Simulations via Skype - Video Virtual Mediation Lab A new pilot project by the Association for Conflict Resolution Hawaii Chapter to show how new and experienced mediators can practice and improve their mediation skills by participating with other mediators in online mediation simulations via Skype. ![]() The Walk From "No" to "Yes" - Video William Ury William Ury, author of "Getting to Yes," offers an elegant, simple (but not easy) way to create agreement in even the most difficult situations -- from family conflict to, perhaps, the Middle East. ![]() Straus Institute Conversation Series featuring Ken Feinberg (Video) Kenneth Feinberg The Straus Institute for Dispute Resolution debuted a new “Conversation” series on November 14, 2011, as part of their 25th anniversary celebration. “Straus Presents: A Conversation with Ken Feinberg” featured one of the best-known figures in the field of alternative dispute resolution in a ninety-minute interview conducted by Straus Institute academic director and William H. Webster Chair Tom Stipanowich. The interview focused on Feinberg’s early involvement as special master mediating the Agent Orange cases and other mass tort claims, his role as special master of the September 11th Victim Compensation Fund, and his current oversight of the Gulf Oil Spill Fund.
Kessler-Eidson Advanced Negotiation - Video
Kessler Eidson Professor Paul Zwier discusses Advanced Negotiation techniques. This video is produced by the Emory School of Law. ![]() Kansas City Center - Video Community Mediation Center of Kansas City Video explaining the community mediation center set-up. Highlighting the center in Kansas City, this video shows multiple people coming to the center to resolve a variety of disputes. ![]() About Mediation Introduction - Video Professional Mediation Associates This professional video introduces potential clients to the mediation process. It shows the voluntary and confidential nature of the dispute resolution process.
Aboriginal Child Protection Mediation - Video
An interview with an Aboriginal woman who talks about her experience with child protection mediation. She tells us how mediation helps both parents and child welfare workers who are unable to resolve a plan of care for a child, reach a decision together in a non-judgmental way. ![]() Family Mediation in Action - Video Relationships Scotland A film showing parents who are having difficulties attending three mediation sessions. They discuss and agree a positive way forward for them as a family. ![]() Mediation Training - Workplace Conflict - Video Fighting Fair This video is a simulation of a workplace dispute between two colleagues. Their employee dispute is resolved by a mediator specializing in these disputes. This simulation was produced by Fighting Fair in Australia. ![]() Four Phases of the Mediation Process - Video Tennessee Mediation This video describes the four phases of the mediation process. This is an informative role-play produced by Jean Munroe and TennesseeMediation.com. The topic of the mediation is divorce and child custody. ![]() Child Custody Mediation Q & A - Video North Carolina Courts Court Q & A - Child Custody Mediation - What to do when parents enter a custody battle. Join District Court Judge Martin (Marty) McGee and Bryan Hurley as they discuss this process. ![]() Ken Cloke Discusses Changing a Conversation - Video Kenneth Cloke Ken Cloke of Mediators Beyond Borders is interviewed at the UNFCCC conference in Denmark about how to change the scope and feeling of a conversation to achieve understanding. ![]() That's Mediation - Video Hatch Brenner LLP A comedic approach to understanding the mediation process by the Hatch Brenner law firm. ![]() Nobel Peace Prize Discusses Mediation - Video Martti Ahtisaari Martti Ahtisaari, Nobel Peace Prize Laureate, discusses What Makes a Good Mediator? He examines the importance of mediation in the resolution of international conflicts. ![]() Divorce Toronto: What You Need to Know about Getting a Divorce - Video Fairway Divorce Solutions Divorce Toronto: What You Need to Know About Getting a Divorce Fairway Divorce Solutions, a Toronto-based ADR firm, helps couples to get divorced faster and cheaper than other options. ![]() Foreclosure Mediation Program - Video New Jersey courts Court Clips, a video, informational program produced by the New Jersey Courts, explains the foreclosure mediation program. The programs facilitates mediations between lenders and homeowners. ![]() Peace Talks: What is Divorce Mediation - Video Diana Mercer Diana Mercer, Esq. presents an informative and knowledgable description of mediating a divorce. She explains that clients can decide how much if at all to involve a lawyer. ![]() Lincoln Peer Mediation - Video Lincoln Middle School Tobi Inlender and students discuss the Peer Mediation Program in Santa Monica. This is the original peer mediation program in Los Angeles, and is run by the Dispute Resolution program and Lincoln Middle School. ![]() Steiger Sample Mediation - Video Lowell Steiger Lowell Steiger gives an example of a mediation. The mediation is a role-play of a community neighbor dispute. ![]() Slusky Mediation Process - Video Jerry Slusky Slusky Mediation explains how the mediation process can be successful, regardless of the complexity of the issues or parties. He also explains the typical emotional state of parties during the mediation process.
Workplace Mediation Video, ABA
A mediation video that explains how a workplace dispute can be resolved in mediation, in a less distressing manner than litigation or arbitration. ![]() Consumer Protection Online Dispute Resolution in BC - The Basics (Video) Consumer Protection BC Find out the basics about Consumer Protection BC's Online Dispute Resolution pilot project. It's an easy and convenient way for consumers to resolve their disputes with businesses. ![]() UCF Sample Mediation - Video University of Central Florida This is a sample mediation video that walks through the mediation process. It begins with the ground rules and introductions. it then moves on to opening statements by all of the parties. They explain what brought them to the mediation and what they are hoping to get out of their time there. Then they negotiate the dispute. ![]() Michael Coyne: A Lawyer's View of ADR - Video Michael Coyne Michael Coyne, Associate Dean of the Massachusetts School of Law hosts a Question of Law, with the topic being Dispute Resolution. Guests include Judge Peter Agnes and Brian Burke, Assistant Attorney General. ![]() Ilhyung Lee Discusses Culture and ADR - Video Ilhyung Lee On September 24, 2008, Ilhyung Lee, Edward W. Hinton Professor of Law, University of Missouri School of Law, presented on Culture and the Dispute Resolution Process at Case Western Reserve University, School of Law, CISCDR (Center for the Interdisciplinary Study of Conflict and Dispute Resolution). ![]() The PULSE Institute Mediation Simulation - Video Dr. Nancy Love Dr. Nancy Love of the PULSE Institute demonstrates the Prepare piece of the PULSE Mediated Conversation frame. Prepare lays the foundation for an effective structured three-way converastion. This is a simulation based on a real scenario. The participants appearing in this video are role players, and not actual mediation participants or actors. www.pulseinstitute.com. ![]() Zumeta, Zena: Early Influential Experts - Video Zena Zumeta Zena Zumeta talks about mediation practice early on and conferences held by specific mediators who were particularly influential and helpful. ![]() Stulberg, Joe: Teaching Conflict Resolution - Video Joseph Stulberg Joe Stulberg emphasizes his love of teaching and notes that the teaching methods used in conflict resolution and mediation trainings are innovative techniques within the field of pedagogy. ![]() Theodore W. Kheel, Labor Mediator, Dies at 96 Ted Kheel For decades, mediator Ted Kheel was a dominant force in labor disputes. He developed his unique techniques mediating teacher, transit and press strikes. Mr. Kheel died recently at the age of 96. ![]() Steps Must Be Taken for Funding Mediation and Legal Services for Foreclosure Victims Diane Thompson Diane Thompson of the National Consumer Law Center made a point that you can get much better compliance on loan modifications if you actually fund mediation programs and legal services attorneys. There are mandatory mediation programs up and running in Philadelphia and New York, and they have been far more successful in preventing foreclosures – by about 50%. ![]() William Hartgering: Mediation Likeness to Improvisational Theater - Video William E. Hartgering William Hartgering explains the satisfaction he gets out of mediating and seeing parties change throughout the process. ![]() Yarn, Doug: Teaching Conflict Resolution in Universities - Video Doug Yarn Doug Yarn compares teaching conflict resolution systems in schools compared to universities. He found that there was more harm done than good when they tried to incorporate conflict resolution programs in schools. ![]() Joe Folger: Transformative Mediation for all Cases? - Video Joseph P. Folger Joe Folger believes that the purpose of mediation is to give people voice and choice and moments of recognition are powerful and just as important as getting settlement. ![]() Howard Gadlin: Ombudsman vs. Mediator - Video Howard Gadlin Howard Gadlin discusses the difference between a mediator's role and an ombudsman's role. Ombudsman uses mediation as a tool, but their role is to assist a group of people within an organization to identify the organization's policies and regulations that are causing internal conflict, then make recommendations. ![]() Stephen Erickson: How Mediation Started, How it's Different - Video Stephen Erickson Stephen Erickson shares his view on how mediation came about and its benefits compared to the adversarial process. ![]() Roger Fisher: Negotiating with Terrorists Necessary - Video Roger Fisher Roger Fisher believes talks and negotiation with terrorists can produce more benefits than judging from a distance. He emphasizes the need for understanding and listening to terrorist grievances, which are often legitimate. ![]() Jay Folberg: Institutionalization Brings Loss of Vitality - Video Jay Folberg Jay Folberg discusses that with institutionalization, the field is becoming more focused on practicing a profession and trying to become more lucrative instead of how it was - a more creative social movement. ![]() Wheeler, Terry: Helpful Tools in Dealing With Conflict - Video Terry Wheeler Terry Wheeler gives three pieces of advice to those about to engage in a conflict - do an emotional check, use appropriate language, and listen. ![]() Carrie Menkel-Meadow: Value-Based Mediation - Video Carrie J. Menkel-Meadow Carrie Menkel-Meadow talks about her early experiences with Gary Friedman and their efforts to bring humanistic psychology to law. The value-based mediation process still informs her practice. ![]() Susan Carpenter: Mediating Public Policy Disputes - Video Susan Carpenter Susan Carpenter talks about her approach to mediating public policy disputes and how she involved people in the process. It is a collaborative education process and involves a lot of creativity. ![]() Kenneth Cloke: Mediation Skillset is Essential for our Survival - Video Kenneth Cloke Kenneth Cloke discusses the significance of mediation and how the world needs to learn these skills in order for us to survive as a species. ![]() Juliana Birkhoff: Mediating with Multiple Parties - Video Juliana Birkhoff Juliana Birkhoff talks about convening with political decision makers, asking them what they want from parties who will be affected by an outcome before they bring those parties to the table for a mediation. ![]() Gail Bingham: Framing Questions to Help Parties Negotiate - Video Gail Bingham Gail Bingham describes an environmental case where there were concerns. Framing questions properly is important in these cases. ![]() Stulberg, Joe: Concern: Quality of Trainings - Video Joseph Stulberg Stulberg shares his concern about trainings that are given in too short of time or which are either over-lecturing or doing too much role-play ![]() Zumeta, Zena: How Success Happened - Video Zena Zumeta Zena Zumeta explains two reasons why she believes her success came to her: one is effective marketing by a business partner; the other was "pure luck" - she believes people had confidence in her ability to help them solve their problems. ![]() Zumeta, Zena: Joys and Satisfactions of Training - Video Zena Zumeta Zena Zumeta talks about what has pleased her in terms of the field. She states that training professionals is a joy so they can in turn train and use collaborative techniques with clients and employees. ![]() Howard Bellman: Mediation Past, Present, and Future - Video Howard Bellman Howard Bellman speaks of how the mediation field has become more mainstream, though it's original intention was to be more radical and counter-culture. He believes the field will continue to grow. ![]() Susskind, Larry: Ethical Practices within Mediation - Video Larry Susskind Larry Susskind shares his strong opinion of upholding ethical principles while mediating disputes. Gives examples of his refusing to mediate for agencies/people who provide too strict of guidelines that don't involve the full participation of the parties. ![]() Wakeen, Terry: Passion and Commitment to Mediation - Video Teresa Wakeen Terry Wakeen describes her satisfaction from helping people to negotiate and resolve their conflicts. ![]() Yarn, Doug: Field's Vocabulary Important - Video Doug Yarn Doug Yarn discusses how there was a need for common understanding of the field's vocabulary and terminology as professionals came from many different backgrounds and practiced in different areas within conflict resolution. ![]() Wheeler, Terry: View of Trainers as High Quality - Video Terry Wheeler Terry Wheeler explains how his view of trainers and the trainings he's observed are generally good. ![]() Joe Stuhlberg: Love of the Third Party Role - Video Joseph Stulberg Joe Stulberg shares his enthusiasm for being the third party and seeing the multiple perspectives of the parties. ![]() Tom Stipanowich: Mediation vs. Arbitration - Video Tom Stipanowich Tom Stipanowich talks about the arbitration process being taken out of contracts while being replaced with mediation or litigation processes. ![]() Peter Adler: The Risks of the Increase in Mediation Specializations - Video Peter Adler Peter Adler speaks of the negatives that come with the increase of specializations in the mediation field; mediation will become more rigid, rule-bound, and will develop professional castes and classes. ![]() Wakeen, Terry: Personal Rewards from Mediating - Video Teresa Wakeen Terry Wakeen talks about how she feels like a better person as a mediator than she did as a litigator. ![]() Wheeler, Terry: Legal Knowledge Helps in Negotiations - Video Terry Wheeler Terry Wheeler explains that his legal knowledge helps him in his mediation and negotiation practice by knowing how to interact with attorneys, assessing different situations, and asking certain applicable questions. ![]() Singer, Linda: Dissatisfaction with Litigation - Video Linda Singer Linda Singer describes how she became interested in mediation: her observance of the court and litigation system led to her dissatisfaction with how problems were being solved. ![]() Singer, Linda: Lack of Funding - Video Linda Singer Linda Singer discusses disappointments in the field: 1) mediation has become institutionalized and therefore, another bureaucratic process; 2) mediation has not been properly funded. ![]() Singer, Linda: Mediation "Catching On" - Video Linda Singer Linda Singer describes the infiltration of mediation into the legal establishment, the resistance and acceptance of this phenomenon. ![]() Frank Sander: Determining A Mediator's Competency - Video Frank Sander Frank Sander talks about the 'hot' topic of developing a process for determining a mediator's competency. He hopes licensing will not be a form of determining that competency, but rather focusing on the amount of training a mediator has had. |