Category: Civil

New California Law Requires Informed Consent to Mediation author.

New California Law Requires Informed Consent to Mediation

New Law. On January 1, a new California law will take effect. It will require a lawyer to make sure...

By Ron Kelly - Arbitrator, Mediator, Trainer
New Mediator Self-Reflection Tool author.

New Mediator Self-Reflection Tool

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.The Supreme Court of Virginia has...

By Susan Yates
Online Dispute Resolution (ODR) for Lawyers author.

Online Dispute Resolution (ODR) for Lawyers

This is the final draft of a Chapter entitled "Online Dispute Resolution" written for the Oregon State Bar's 2019 Handbook...

By James Melamed, J.D.
Interview with Ken Cloke – Views from the Eye of the Storm author.

Interview with Ken Cloke – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as...

By Kenneth Cloke
Mediator Engagement in Politics – and other things we care about author.

Mediator Engagement in Politics – and other things we care about

Kluwer Mediation Blog and Kluwer Arbitration Blog At a recent excellent conference hosted by Professor Ulla Glaesser at Viadrina University...

By John Sturrock
Mediation Myths: Barriers to the Use of Mediation author.

Mediation Myths: Barriers to the Use of Mediation

Surveys of mediation participants and their counsel routinely report satisfaction with the process, reflecting appreciation of the ability of parties,...

By Steven Bennett
Don’t Dread Divorces this December author.

Don’t Dread Divorces this December

Thanks to the 2017 federal Tax Cuts and Jobs Act of 2017, (“TCAJA”), divorce lawyers and mediators know that December...

By John Fiske
Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read? author.

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

CPR Speaks BlogThe First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container...

By Michael Heller
My Favorite Resource Featuring Catherine Geyer author.

My Favorite Resource Featuring Catherine Geyer

Just Court ADR by Nicole Wilmet, Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.Our series, My Favorite...

By Susan Yates
Interview with Margaret Shaw – Views from the Eye of the Storm author.

Interview with Margaret Shaw – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Margaret Shaw, filmed as part of Mediate.com's "The Mediators: Views from...

By Margaret Shaw
The Mediation Miracle author.

The Mediation Miracle

When mandatory child custody mediation was enacted into California law in 1981, there was great hope that this new way...

By Leonard Edwards
Justice author.

Justice

This blog post was originally published by Colin at the eDeliberation BlogI am a descendant of Supreme Court Justice Oliver...

By Colin Rule
Interview with Randy Lowry – Views from the Eye of the Storm author.

Interview with Randy Lowry – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus...

By L. Randolph Lowry
Why Don’t We Mediate the “Big” Disputes? author.

Why Don’t We Mediate the “Big” Disputes?

Kluwer Mediation Blog and Kluwer Arbitration BlogOriginally published here.On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did...

By Richard Weiler
Do We Need to Raise Our Voice? author.

Do We Need to Raise Our Voice?

“Keep calm and carry on” is a phrase that is generally overused in society and it is brandished on everything...

By Stuart Hanson
10 things to think about BEFORE you decide whether to litigate and which lawyer to hire author.

10 things to think about BEFORE you decide whether to litigate and which lawyer to hire

Dispute Settlement Counselby Michael Zeytoonian. You have been wronged or wrongly accused of something and you are upset about it. You...

By Michael A. Zeytoonian
Interview with Carrie Menkel-Meadow – Views from the Eye of the Storm author.

Interview with Carrie Menkel-Meadow – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's "The...

By Carrie J. Menkel-Meadow
Mediation in Juvenile Dependency Court: Multiple Perspectives author.

Mediation in Juvenile Dependency Court: Multiple Perspectives

Introduction Since 1992, the Santa Clara County (Calif.),1 Juvenile Dependency Court has utilized confidential mediation as an integral part of...

By Leonard Edwards
The Roots of Mediation in Florida and its Worldwide Influence author.

The Roots of Mediation in Florida and its Worldwide Influence

The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around...

By Wanderley Baldez
SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims author.

SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Supreme Court of the United States has granted certiorari in another arbitration case.  In Henry...

By Beth Graham
Online Dispute Resolution: the “New Normal” author.

Online Dispute Resolution: the “New Normal”

This article appeared in NY Litigator, Spring 2018, Vol. 23, No. 1, published by the New York State Bar Association,...

By Marcy Einhorn
Adult Kids of Divorcees Should Be Spared from the Drama author.

Adult Kids of Divorcees Should Be Spared from the Drama

The biggest concerns when couples decide to divorce are the kids. They will suddenly face a different situation and this...

By Tracee McCole
Interview with Leonard Riskin – Views from the Eye of the Storm author.

Interview with Leonard Riskin – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with law professor Leonard Riskin, filmed as part of Mediate.com's "The Mediators:...

By Leonard Riskin
Interview with Howard Bellman – Views from the Eye of the Storm author.

Interview with Howard Bellman – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation...

By Howard Bellman
Ten Tips Toward Client Arbitration Satisfaction author.

Ten Tips Toward Client Arbitration Satisfaction

JAMS ADR Blog by Chris PooleExcept in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs...

By Eric Van Loon
The Joy Of Impasse:  The Neuroscience Of ‘Insight’ And Creative Problem Solving author.

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

“Ring the bells that still can ring Forget your perfect offering There is a crack in everything That’s how the...

By Robert Benjamin
Damage Quantification in Delaware for Breaches of Contract in Post-Merger Litigation author.

Damage Quantification in Delaware for Breaches of Contract in Post-Merger Litigation

Originally published on Harvard Law School's Forum. Despite vigorous attempts, through judicial decisions, [1] and legislative provision on forum selection and fee...

By Arthur Rosenbloom
Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction” author.

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

Business Conflict Blog by Peter PhillipsThe Supreme Court has granted certiorari to review the decision of the 1st Circuit in Oliveira v. New...

By F. Peter Phillips
Interview with Michael Lewis – Views from the Eye of the Storm author.

Interview with Michael Lewis – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed...

By Michael Lewis
In Memoriam: Frank E.A. Sander, pioneer in ADR (1927-2018) author.

In Memoriam: Frank E.A. Sander, pioneer in ADR (1927-2018)

See Complete Interview with Frank Sander Frank E.A. Sander ’52, a longtime Harvard Law School professor and a pioneer in...

By Frank Sander

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