Category: Civil

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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