Category: Civil

Court-based Dispute Resolution author.

Court-based Dispute Resolution

From ADRAC- The Australian Dispute Resolution Advisory Council Blog, organized with Shirli Kirschner Adapted from Prof Tania Sourdin, Alternative Dispute Resolution, 5th...

By Shirli Kirschner
Interview with Joseph Stulberg – Views from the Eye of the Storm author.

Interview with Joseph Stulberg – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Joe Stuhlberg, a leading mediation law professor, filmed as part of...

By Joseph Stulberg
Interview with Marvin Johnson – Views from the Eye of the Storm author.

Interview with Marvin Johnson – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Marvin Johnson, a national leader in the field of dispute resolution...

By Marvin E. Johnson
Letter to Kelly author.

Letter to Kelly

IndisputablyOut of the blue, I got an email from a student at my university who I had never met.  She...

By John Lande
The Arbitration from Hell and How the New York Courts Got It Wrong author.

The Arbitration from Hell and How the New York Courts Got It Wrong

This is a follow-up to the author’s previous article that explained why the Appellate Division, First Department, was wrong in...

By Norman Solovay
Interview with Jim Coben – Views from the Eye of the Storm author.

Interview with Jim Coben – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Jim Coben, former long-time director of the Hamline University Conflict Resolution...

By James Coben
Interview with Michelle LeBaron – Views from the Eye of the Storm author.

Interview with Michelle LeBaron – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with Michelle LaBaron, a leading expert on cross cultural dispute resolution issues,...

By Michelle LeBaron
The NFL Should Try Mediation First author.

The NFL Should Try Mediation First

At the end of last year’s football season, Colin Kaepernick knelt during the national anthem to protest police violence and...

By Gerald Clay
Roundup: Legislation with Mediation or Arbitration…Maybe for the future? author.

Roundup: Legislation with Mediation or Arbitration…Maybe for the future?

CPR Speaks BlogAccording to Congress.gov, the official website for U.S. federal legislative information, and Govtrack.us, an organization that tracks legislation and...

By Elena Gurevich
Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options author.

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.Donna Shestowsky at UC Davis School...

By Jennifer Shack
Lawyer Negotiation: Theory, Practice & Law – Book Review author.

Lawyer Negotiation: Theory, Practice & Law – Book Review

As paradoxes go, Lawyer Negotiation by professors Jay Folberg and Dwight Golann takes some beating. Although aimed at law students...

By Michael Leathes
ADR in the Regulation of Aged Care author.

ADR in the Regulation of Aged Care

From ADRAC- The Australian Dispute Resolution Advisory Council Blog, organized with Shirli Kirschner Introduction The role of ADR in the aged care...

By Shirli Kirschner
Traits of a ‘Mediator’ author.

Traits of a ‘Mediator’

Mediation is a science and an art. Although many mediation skills may be taught, the development of a skilled mediator...

By Sam Imperati, J.D.
Online Arbitration as a Remedy for Crowdfunding Fraud author.

Online Arbitration as a Remedy for Crowdfunding Fraud

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesC. Steven Bradford, Henry M. Grether, Jr. Professor of Law at...

By Beth Graham
Litigation vs ADR – Different Strokes for Different Folks author.

Litigation vs ADR – Different Strokes for Different Folks

From the CPR blog. My last column described the cultural, economic and structural changes in the legal and business communities that...

By Steven Platt
Prenup? That’s Good News! author.

Prenup? That’s Good News!

From Joy Rosenthal's blog.Your wedding day is only a few months off and your fiancé nervously mentions that he would...

By Joy Rosenthal
Bargaining in the Light of the Law: The Case of Divorce author.

Bargaining in the Light of the Law: The Case of Divorce

In “Bargaining in the Shadow of the Law: The Case of Divorce,” Robert H. Mnookin and Lewis Kornhauser discussed many...

By John Fiske
If You Want Your “Day in Court”, Don’t Go to Court author.

If You Want Your “Day in Court”, Don’t Go to Court

Dispute Settlement Counsel by Michael Zeytoonian."I want my day in court.” This is one of the most frequent desires and...

By Michael A. Zeytoonian
A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation author.

A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation

From CPR's Alternative articles at altnewsletter.com, published here. Also available from the newsletter subscription pages. The evidence is in. After...

By Jeff Kichaven
Introduction to the Stone Soup Project Mini-Course author.

Introduction to the Stone Soup Project Mini-Course

IndisputablyThis is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute...

By John Lande
DOJ Flips on Class Waivers Issue author.

DOJ Flips on Class Waivers Issue

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesOn Friday, the United States Department of Justice (“DOJ”) made an...

By Beth Graham
The Case for Early Mediation; Part II of II author.

The Case for Early Mediation; Part II of II

Dispute Settlement Counsel by Michael Zeytoonian.In our last blog post, the first in this two-part post about the case for...

By Michael A. Zeytoonian
Michael Leathes’ New Negotiation Book – Book Review author.

Michael Leathes’ New Negotiation Book – Book Review

Business Conflict Blog by Peter PhillipsMichael Leathes has written a book on negotiation that is aimed at corporate counsel.  In...

By Michael Leathes
How to Mediate a Prenuptial Agreement author.

How to Mediate a Prenuptial Agreement

Any lawyer who has dealt with prenuptial agreements knows what a stressful and upsetting task it can be for the...

By Laurie Israel
If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation author.

If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation

There was such an interesting article published in last Sunday’s New York Times called “Getting the Wealthy to Donate” by...

By Jan Frankel Schau
Best Practices for Managing Wills Between Family Members author.

Best Practices for Managing Wills Between Family Members

JAMS ADR Blog by Chris PooleA mother dies, leaving her daughter 75 percent of her estate. Her son, who thought...

By Elaine Rushing
2014-2017 BBB Complaints Against Mediation.com author.

2014-2017 BBB Complaints Against Mediation.com

At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as...

By James Melamed, J.D.
Litigation–Style Mediation Has Got to Go author.

Litigation–Style Mediation Has Got to Go

Institute for the Study of Conflict Transformation by Dan SimonIt’s entirely understandable that retired judges and experienced litigators would want...

By Dan Simon
Interview with James Alfini – Views from the Eye of the Storm author.

Interview with James Alfini – Views from the Eye of the Storm

This is the complete interview by Robert Benjamin with James Alfini, long-time professor of dispute resolution at Northern Illinois University,...

By James J. Alfini

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