Featured Legal Blog Posts
India’s Mediation Act, 2021
India passed its ground breaking Mediation Act, 2021 on December 15, 2021.
Why Ethics Matter in Mediation
Is the legal profession in fact a noble profession?
Eviction Mediation Q&A w/ Christina Wright
This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation.
Wanted: Public Officials with Emotional Intelligence
It was front-page news in the New York Times that NYC Mayor-elect Eric Adams said that emotional intelligence is his “No. 1 criteria” for selecting top officials in his administration.
[Podcast] CEO Leadership: A Conversation with Chris Poole on His Career and the Pathway Forward for JAMS
A podcast produced by Arbitrate.com features JAMS CEO Chris Poole reflecting on his time at JAMS, rising to industry challenges, trends, and the future of alternative dispute resolution.
Essential Tips for a Successful Oil and Gas Mediation
As the oil and gas industry continues to evolve, oil and gas companies will no doubt see new types of claims asserted against them.
The Impending Battle for the Soul of Online Dispute Resolution
In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies.
Focusing on Alternative Dispute Resolution: A Conversation With Two JAMS Neutrals
Both of these accomplished women have handled thousands of cases in multiple areas of the law.
How to Work Effectively with Your In-House Counsel
During the 2021 CPR International Conference, held online Oct. 6-7, CPR’s Young Leaders in Alternative Dispute Resolution Steering Committee presented “How to Work Effectively with Your In-House Counsel.”
CPR International Conference Highlights: ‘Effects on Cross-Border Disputes After the Singapore Convention’
According to the Singapore Convention on Mediation’s website, the Convention is a “multilateral treaty which offers a uniform and efficient framework for the enforcement and invocation of international agreements resulting from mediation.”
Court Ordered Mediation and Informed Consent
Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination."
What Would *You* Have Done?
What would you have done, if you were a violence prevention specialists?
“My Story” Featuring Cristina Pereyra-Alvarez, Retired Judge, 11th Judicial Circuit, Florida
When asked what advice she has for the next generation of ADR professionals, Mrs. Pereyra-Alvarez says, "Always go in with an open mind. Always believe that you are going to resolve the case, no matter what." This is a biography of her career path.
The Mediator as a Choice Architect
One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled “Self-Determination.”
Divorce Done Differently!
As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving. Mediation may not even be an option in your mind, but it should be.
Eight Tips for Mediating High-Profile Construction Disputes
Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues.
Q&A with Hon. Irma E. Gonzalez (Ret.)
Judge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator, special master/referee and neutral evaluator. In honor of Hispanic Heritage Month, we spoke with Judge Gonzalez about how she started in ADR, her accomplishments, the challenges that she’s faced and her advice to younger generations.
Conflict in the Workplace – Mediation Can Make Your Team More Efficient
Conflict in the workplace is inevitable when people with different values and opinions come together.
Don’t Chalk My Tires, Or Why Mediation is Not Appropriate
This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.
How Do You Define “Ethics?”
"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."
The Role of Law in Legal Disputes
Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases.
[PODCAST] JAMS Neutrals Discuss the Use of Mediation in Bankruptcy Cases
A podcast from JAMS featuring Hon. Joan N. Feeney (Ret.) and Hon Phillip J. Shefferly (Ret.) discussing the intersection of ADR and bankruptcy disputes, drawing on their experience as retired bankruptcy judges and mediators
Use This Tool to Talk About COVID19
With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.
New UK Report on Mandatory ADR
The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances.
Disruptions, Disputes, and Dialogue: What Just Happened?
Let’s reflect on our experiences, the mistakes we made, the lessons we learned and the conflicts we resolved.