Mediators need to formulate and ask incisive questions that challenge entrenched thinking and shift perspectives.
The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.
How has mediation impacted India?
This article advocates the establishment of organizational ombuds by the Education and Development Bureau in Hong Kong to complement its current system to resolve workplace conflicts at public schools.
Dispute resolution across Europe is going through a period of significant turmoil.
(4/08/19)Joshua N. Weiss
Dr. Joshua Weiss shares his TED talk on The Wired Negotiator.
(2/26/19)Milan Slama, Kenneth Rasmussen
This article discusses the ideological divide looking at conflict from both a mediator's (Part 1) and a therapist's perspective (Part 2).
You have met them if you have been mediating for any length of time: High Conflict People.
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.
(8/24/18)Dr. Lynne C. Halem
The attached articles highlight further effects of the tax reform, one specifically focused on Prenuptial Contracts, and the second more generally on family financial decisions.
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.
Employees who contractually agree to resolve employment disputes in an individualized arbitration waive all rights to class actions or any other collective dispute process.
This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
For years, a gap has existed between mediation training of young students and entry into the field as professional mediators.
Mediation is not neutral. The process itself is full of implicit principles and valuable life lessons.
This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.
(9/07/17)Klaus Peter Berger
This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.
Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy.
We often talk about peacemaking while neglecting to address the ultimate goal of justice, restoration and forgiveness.
This article analyzes an important recent California case related to arbitration agreements and waivers.
When I first began a career in mediation, almost thirty years ago, we often needed to convince others of the benefits of mediation.
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Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you.