Mediation Case Law Video: Those All-Day Mediations -- Maybe We Should Reassess?
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 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
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."
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.
The Perfect Mediation (humor video)
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
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
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.
Announcing Mediate.com University
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
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
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.
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.
Reducing Defensiveness - Video
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.
The Secret World of Mediation (humor video)
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, 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
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.
Avoiding, Preventing, Resolving Conflict - Video
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.
Elder Mediation - Video
Video where the owners of JK Belz Mediation and Crowley Legal Solutions discuss the mediation process.
The owners also discuss their focus: elder mediation.
The Walk From "No" to "Yes" - Video
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)
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.
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.
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.
Slusky Mediation Process - Video
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.
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.
Ilhyung Lee Discusses Culture and ADR - Video
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.
Howard Gadlin: Ombudsman vs. Mediator - Video
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.
Zumeta, Zena: How Success Happened - Video
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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.