Category: Civil

Professional Responsibility And Mediation author.

Professional Responsibility And Mediation

Appropriate Dispute Resolution (ADR) is processes all attorneys have heard of but not enough understand or utilize to the best...

By Tony Belak
In Re: Annonymous, Respondents author.

In Re: Annonymous, Respondents

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT IN RE: ANONYMOUS, Respondents. OFFICE OF THE CIRCUIT No. 01-9543 MEDIATOR...

By Managing Editor
The Mediated Settlement: Is It Always Just About the Money? Rarely! author.

The Mediated Settlement: Is It Always Just About the Money? Rarely!

A Story: A 45-year old man was employed as a tree trimmer. One bright, sunny day he was working high...

By Steven Schwartz
The Hidden Agenda author.

The Hidden Agenda

Those of you on the wrong side of sixty, like myself, will remember being glued to the old Philco each...

By Edward P. Ahrens
To Sue Or Not To Sue: That Is The Question: Whether ‘Tis Nobler…To Mediate First author.

To Sue Or Not To Sue: That Is The Question: Whether ‘Tis Nobler…To Mediate First

With apologies to Willie Shakespeare, what I’m onto here are presuit mediations. We’ll call them, for short, “presuits.” Why do...

By Edward P. Ahrens
Mediation As Theater And Negotiation As Performance Art author.

Mediation As Theater And Negotiation As Performance Art

This article was first published in the ACR (Association for Conflict Resolution) Family Section Newsletter, Fall, 2001.Most conflicts are about...

By Robert Benjamin
Resolving  Disputes Through Employment Mediation author.

Resolving Disputes Through Employment Mediation

Few controversies are more damaging to a business than a dispute with an employee. In today's environment, a single major...

By Michael Roberts
The U.S. Uniform Mediation Act and the Draft UNCITRAL Model Law on International Commercial Conciliation author.

The U.S. Uniform Mediation Act and the Draft UNCITRAL Model Law on International Commercial Conciliation

Prepared for the Practising Law Institute, March 18-19, 2002, New York This article provides an overview of the Uniform Mediation...

By Luis Miguel Diaz, Nancy Oretskin
What Does A Mediator Do? author.

What Does A Mediator Do?

Okay, we know you can't make decisions. We know you can't issue orders. ('I'm not a judge or an arbitrator,...

By Edward P. Ahrens
Resolving Environmental  Disputes With Environmental Team Mediation: A New Model author.

Resolving Environmental Disputes With Environmental Team Mediation: A New Model

I. THE STANDARD TRIAL MODEL We peek in at the closing arguments in the case of NewPuke Co. v. MegaDeth...

By Michael Young
Mediation and the Unauthorized Practice of Law author.

Mediation and the Unauthorized Practice of Law

The ABA Section of Dispute Resolution has noted the wide range of views expressed by scholars, mediators, and regulators concerning...

By ABA Section of Dispute Resolution ABA DR Section
Coming Soon To Your State?  The Uniform Mediation Act author.

Coming Soon To Your State? The Uniform Mediation Act

The Uniform Mediation Act is now being introduced in state legislatures. In every state there are Uniform Law Commissioners, whose...

By Ron Kelly - Arbitrator, Mediator, Trainer
What Is Special about Wage & Hour Class Action Mediation? author.

What Is Special about Wage & Hour Class Action Mediation?

There is no such thing as a "cookie cutter" mediation. Nonetheless, most mediations have, among other things, the following general...

By John J. McCauley
The Benefits of Active Party Participation in Mediation author.

The Benefits of Active Party Participation in Mediation

The majority of civil litigators believe that they are familiar with the mediation process. All too often, however, attorneys, and...

By Adrienne Krikorian, Jeffrey A. Tidus
Mediating Technology Cases: Ten Tips For Successful Lawyer Advocacy author.

Mediating Technology Cases: Ten Tips For Successful Lawyer Advocacy

Mediation Comes to Michigan-Something Else to Learn! Just when you thought, "Finally, after all of these years of practicing law...

By Steven Schwartz
Mediation: an Executive’s Guide to Managing Conflict author.

Mediation: an Executive’s Guide to Managing Conflict

Business executives are spending increasing amounts of their time and money resolving legal disputes. When executives want to be concentrating...

By Michael Roberts
International Academy of Mediators Should Take Another Look At Uniform Mediation Act, author.

International Academy of Mediators Should Take Another Look At Uniform Mediation Act,

Links to: Initial IAM Communication opposing the UMA Initial UMA Committee Response ABA Approved UMA Most Recent UMA Committee Communication...

By Nancy H. Rogers, Richard C. Reuben
How to Best Aid Negotiation By Breaking Down Barriers author.

How to Best Aid Negotiation By Breaking Down Barriers

Republished with permission of CPR.Mediation of commercial disputes has risen significantly over the past decade. As the result of (i)...

By Bennett G. Picker
Litigate Or Mediate?: Mediation As An Alternative To Lawsuits author.

Litigate Or Mediate?: Mediation As An Alternative To Lawsuits

WHAT IS MEDIATION? One often hears the term "mediation" in connection with resolution of disputes which have already become lawsuits,...

By Adrienne Krikorian
International Academy of Mediators Oppose the Uniform Mediation Act author.

International Academy of Mediators Oppose the Uniform Mediation Act

Links to: Initial IAM Letter Opposing UMA Initial UMA Committee Response Most Recent UMA Committee Response ABA Passed UMA Most...

By Managing Editor
The Role of Law in Conflict Management author.

The Role of Law in Conflict Management

Introduction The concept of law is as ancient as mankind. From domestic interaction to group structures, rules of law have...

By Alan Simpson
Symposium: Legal Regulation of the Internet <br>Dispute Resolution in  Cyberspace author.

Symposium: Legal Regulation of the Internet <br>Dispute Resolution in Cyberspace

28 Conn. L. Rev. 953 (1996)Copyright © 1996 by the Connecticut Law Review INTRODUCTION Computers don't just do things for...

By Ethan Katsh
Electronic Dispute Resolution<BR> NCAIR Conference Washington, D.C. author.

Electronic Dispute Resolution<BR> NCAIR Conference Washington, D.C.

A National Center for Automated Information Research (NCAIR) Conference Presentation Washington, DC May 22, 1996Table of Contents Introduction History Modes...

By Henry H. Perritt, Jr.
Mediation Trends in the North of England author.

Mediation Trends in the North of England

THE NEED FOR A SURVEY Mediation providers have from time to produced figures for the total numbers of mediations carried...

By Anthony Glaister
Enforcing Agreements Made At Mediation author.

Enforcing Agreements Made At Mediation

You and your clients have just gone through a lengthy mediation. After hours of hard bargaining, a settlement finally is...

By Michael P. Carbone
The Uniform Mediation Act: Talking Points author.

The Uniform Mediation Act: Talking Points

POSITIVE OR CLARIFYING FEATURES COMPARED TO EXISTING LAW 1) Section 8. Confidentiality This provision does not generally exist as a...

By Robert Creo
Small Claims Mediation Programs author.

Small Claims Mediation Programs

General Benefits of Small Claims Mediation Programs The benefits reported by small claims program administrators, parties and court personnel are...

By Jessica Notini
The Uniform Mediation Act: A Trojan Horse? author.

The Uniform Mediation Act: A Trojan Horse?

The final draft of the Uniform Mediation Act has been adopted by the National Conference of Commissioners on Uniform State...

By Robert Benjamin
Fully Integrated Multi-Disciplinary Practice Is Good For Lawyers author.

Fully Integrated Multi-Disciplinary Practice Is Good For Lawyers

First published by the New Jersey Law Journal, July 31, 2000Introduction The New Jersey Supreme Court, which defines and regulates...

By Hanan Isaacs
Mediation of Gay/Lesbian Marriages Not Found in Court author.

Mediation of Gay/Lesbian Marriages Not Found in Court

Sarah and Beth have lived together for seven years. They intended to live happily ever after, But as too often...

By Richard Gordon

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