Category: Civil

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
ACR Comments to UMA author.

ACR Comments to UMA

Provided by The Association for Conflict Resolution. July 24, 2001 This letter will serve as the Association for Conflict Resolution’s...

By ACR ACR
Foxgate Homeowners’ Association and Bramalea California, Inc. (On Appeal) author.

Foxgate Homeowners’ Association and Bramalea California, Inc. (On Appeal)

Cartoon IN THE SUPREME COURT OF CALIFORNIA FOXGATE HOMEOWNERS’ ASSOCIATION, INC., Plaintiff and Respondent, v. BRAMALEA CALIFORNIA, INC., et al.,...

By The Supreme Court of California Court
Guidelines for Victim-Sensitive Victim-Offender Mediation: Restorative Justice Through Dialogue (2000) author.

Guidelines for Victim-Sensitive Victim-Offender Mediation: Restorative Justice Through Dialogue (2000)

The full text of the guidelines are available in pdf format. Executive Summary The process of allowing interested crime victims...

By Jean Greenwood, Mark S. Umbreit
National Survey of Victim-Offender Mediation Programs in the United States author.

National Survey of Victim-Offender Mediation Programs in the United States

The full text of the survey is available in pdf format. Introduction Opportunities for victims of crime—primarily of property offenses...

By Jean Greenwood, Mark S. Umbreit
Early Input Invited on Preliminary Draft of Ethical Standards Released by California Judicial Council Working Group author.

Early Input Invited on Preliminary Draft of Ethical Standards Released by California Judicial Council Working Group

PRELIMINARY DRAFT ETHICAL STANDARDS FOR MEDIATORS IN COURT-CONNECTED MEDIATION PROGRAMS FOR CIVIL CASES 1. PREAMBLE These standards are intended to...

By Alan Wiener
Civil Justice author.

Civil Justice

What's the first thing you think about when you hear the phrase "Civil Justice?" The search for the truth, of...

By Jeffrey Krivis
Domestic Violence and Child Abuse: Neglect Screening for Domestic Relations Mediation author.

Domestic Violence and Child Abuse: Neglect Screening for Domestic Relations Mediation

The full document is available in pdf format. Model Court Protocol for Domestic Violence and Child Abuse Screening in Matters...

By Managing Editor
Dealing With A Competitive Approach In Mediation author.

Dealing With A Competitive Approach In Mediation

Most people approach mediation with the best of intentions. They are hopeful that the negotiation will achieve their ultimate goal...

By Jeffrey Krivis
The Identity Of A Mediator author.

The Identity Of A Mediator

The February, 2001 draft of the proposed Uniform Mediation Act defines mediation as a process in which a mediator facilitates...

By Susan Dearborn
The Right Time To Mediate author.

The Right Time To Mediate

I recall going to a mandatory settlement conference (“MSC”)in San Francisco shortly after the court had instituted the program. At...

By Michael P. Carbone
New Law Boosts Use Of ADR In District Courts author.

New Law Boosts Use Of ADR In District Courts

This article originally appeared in the April 1999 issue of Consensus, a newspaper published jointly by the Consensus Building Institute...

By Jennifer Thomas-Larmer
End of the Cold War: The Marriage of Mediation and the Court System author.

End of the Cold War: The Marriage of Mediation and the Court System

"We are gathered here today to join these two parties in holy matrimony. If anyone here objects to this union,...

By Jeffrey Krivis
Community Mediation And The Court System: The Ties That Bind author.

Community Mediation And The Court System: The Ties That Bind

First published in the Mediation Quarterly, Volume 17, Number 4 Since their inception, community mediation programs in the United States...

By Patrick G Coy, Tim Hedeen
Disabilities And Mediation Readiness In Court-Referred Cases:Developing Screening Criteria And Service Networks author.

Disabilities And Mediation Readiness In Court-Referred Cases:Developing Screening Criteria And Service Networks

Originally appeared in Mediation Quarterly, Volume 16, Number 2, Winter 1998/99 Mediation is an ideal alternative to court for many...

By Patrick G Coy, Tim Hedeen
California Supreme Court Defines Procedural Requirements For Enforcing An Arbitration Clause author.

California Supreme Court Defines Procedural Requirements For Enforcing An Arbitration Clause

The California Supreme Court, in a unanimous decision written by Justice Mosk, has gone a long way towards defining the...

By Edward F. Sherman
From Conflict to Resolution:<br>When to Negotiate the Litigated Case author.

From Conflict to Resolution:<br>When to Negotiate the Litigated Case

There are two eternal truths about litigated cases: 1) There is a tremendous likelihood the case will be settled without...

By Jeffrey Krivis
In  Family  Law,  How  is  Mediation  Different  from  a  Settlement  Meeting author.

In Family Law, How is Mediation Different from a Settlement Meeting

"I arrange Settlement Meetings for clients. My success rate of settling the case at or shortly after the Settlement Meeting...

By Norman Pickell
A Well-Founded Fear of Prosecution Mediation and the Unauthorized Practice of Law author.

A Well-Founded Fear of Prosecution Mediation and the Unauthorized Practice of Law

This article will soon appear in the ABA ADR Section Dispute Resolution Magazine. Persons interested in subscribing to Dispute Resolution...

By David Hoffman, Natasha A. Affolder
Court-Referred Mediation:  Whose Game Is It? author.

Court-Referred Mediation: Whose Game Is It?

We witnessed recently a heated interaction between members of the dispute resolution community. The argument was made possible because the...

By Rex M. Fuller, William D. Kimsey
The Uniform Mediation Act — A Radical Approach to Confidentiality author.

The Uniform Mediation Act — A Radical Approach to Confidentiality

At its recent meeting in California, the Drafting Committee on the Uniform Mediation Act of the National Conference of Commissioners...

By Stephen A. Hochman
Keeping the ‘R’ in ADR: How Olam Treats Confidentiality author.

Keeping the ‘R’ in ADR: How Olam Treats Confidentiality

Reprinted with permission from the December 1999 issue of Alternatives a publication of CPR Institute for Dispute Resolution. In a...

By Karen E. Rubin, William B. Leahy
Deconstructing Confidentiality author.

Deconstructing Confidentiality

Previously published in California Lawyer, January 2000The first federal judicial decision construing California's still-young mediation confidentiality law has sent a...

By Richard C. Reuben
Crime and Punishment author.

Crime and Punishment

In our society's criminal justice system, justice equals punishment. You do the crime, you do the time. You do the...

By Marty Price
The Five Stages Of Mediation author.

The Five Stages Of Mediation

This article appeared in the September 1997 edition of "Alternatives to the High Cost of Litigation," a publication of the...

By Jeffrey Krivis
The Use of Mediation in Estate Planning: A Preemptive Strike Against Potential Litigation author.

The Use of Mediation in Estate Planning: A Preemptive Strike Against Potential Litigation

Introduction Use of an independent mediator during the planning process can help estate planners improve client satisfaction, reduce the probability...

By John Gromala
Responding To The Tactic of No Settlement Authority at Mediation author.

Responding To The Tactic of No Settlement Authority at Mediation

This article is republished with the permission of the CPR Institute for Dispute Resolution.You have now paid $1000 for the...

By Jeffrey Krivis
Medical Malpractice Disputes in the Age of Managed Care author.

Medical Malpractice Disputes in the Age of Managed Care

I. Introduction It cannot be disputed that as the millennium approaches healthcare costs are skyrocketing. In 1965 the nation spent...

By David T. Caldon
Alternative Dispute Resolution Act of 1998 author.

Alternative Dispute Resolution Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the `Alternative Dispute Resolution Act of 1998'. SEC. 2. FINDINGS...

By Managing Editor
Civil Justice Reform Act of 1990 author.

Civil Justice Reform Act of 1990

U.S. Code Title 28 Chapter 23:Civil Justice Expense and Delay Reduction Plans 471. Requirement for a district court civil justice...

By Managing Editor

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