Category: Legal

Introversion, the Legal Profession, and Dispute Resolution author.

Introversion, the Legal Profession, and Dispute Resolution

Do you often feel introverted, generally preferring to be in a small group of trusted friends than in a large...

By John Lande
Proposal for A User Friendlier CCP Section 664.6 author.

Proposal for A User Friendlier CCP Section 664.6

Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of...

By Michael Diliberto
Three Alternatives to Custody Mediation author.

Three Alternatives to Custody Mediation

When you are deciding whether to use mediation to resolve your custody dispute, consider these alternatives. If you already have...

By Ben Coltrin
Negotiating Prison author.

Negotiating Prison

From the New York Times, a fascinating article about “prison consultants” and how they can help people heading to prison with sentencing...

By Jen Reynolds
Proposal for A User Friendlier CCP Section 664.6 author.

Proposal for A User Friendlier CCP Section 664.6

Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of...

By Michael Diliberto
The Pandemic’s Silver Lining for the Courts author.

The Pandemic’s Silver Lining for the Courts

The coronavirus has led to inconvenience, case backlogs, and court closures across the nation. Yet thanks to Zoom and other...

By Michael Diliberto
Privileged Remarks author.

Privileged Remarks

Nondisparagement clauses are commonly used in settlement agreements. Some clauses are simple one-liners such as “The parties agree not to...

By Michael Diliberto
Review: The Book of Real-World Negotiations author.

Review: The Book of Real-World Negotiations

Many of you may know Josh Weiss as the Co-Founder of the Global Negotiation Initiative at Harvard University and Senior...

By Colin Rule

Mediation-A Resource of the Rural Poor in India

This article has taken for its theme, the legal services to the rural poor and other disadvantaged groups. Particular reference...

By D .K. Sampath
Mediation Strategies: A Lawyer’s Guide To Successful Negotiation author.

Mediation Strategies: A Lawyer’s Guide To Successful Negotiation

INTRODUCTION Every successful negotiation requires that you have a sound strategy. In this article I will explain the steps that...

By Michael P. Carbone
RSI Board Member Alyson Carrel Presents at Court-Annexed Mediation Seminar author.

RSI Board Member Alyson Carrel Presents at Court-Annexed Mediation Seminar

Just Court ADR by Susan M. Yates, Jennifer Shack, Heather Scheiwe Kulp, and Jessica Glowinski.In February, RSI Board Member Alyson...

By Nicole Wilmet
Mediating Entertainment Industry Trademark Claims author.

Mediating Entertainment Industry Trademark Claims

JAMS ADR Blog by Chris PooleMany recent entertainment cases have involved claims of trademark infringement by film or television producers....

By Joel Grossman
Mediate.com Inside: Mediation Case Law Revue, James Coben author.

Mediate.com Inside: Mediation Case Law Revue, James Coben

Mediation Case Law Revue with James Cobin, Hamline University School of Law Dispute Resolution Institute Thanks to: Minnesota State Bar...

By James Coben
Keystone Conference: Megatrends for Mediators in the Law author.

Keystone Conference: Megatrends for Mediators in the Law

Related Video 1. Consider the “law of unintended consequences”—what we sometimes think is good turns out differently and sometimes the...

By Carrie J. Menkel-Meadow
Which Cases Are Most Suitable For Court Ordered Mediation author.

Which Cases Are Most Suitable For Court Ordered Mediation

The very essence of mediation [1] is voluntariness. It may, thus, appear inconsistent and inappropriate to ever consider judicially forcing...

By Richard Barron
The Internal Neutral: Why Doesn’t Your Hospital Have One? author.

The Internal Neutral: Why Doesn’t Your Hospital Have One?

The National Naval Medical Center (NNMC) in Bethesda, Maryland is the first acute health care institution in the nation to...

By Carole Houk

Five Tips for Successful Mediations

A successful mediation is one in which the parties reach an agreed resolution. The agreed resolution will not be the...

By Met Wilson

Pre-litigation Mediation as a Privacy Policy: Exploring the Interaction of Economics and Privacy

Privacy is often discussed in economic terms (retention, cost, scarcity, value, opportunity), yet economics is rarely part of the privacy...

By TJ Costello
Applying Pre-Litigation Mediation to Internal Disputes in Pharmaceutical Construction Teams author.

Applying Pre-Litigation Mediation to Internal Disputes in Pharmaceutical Construction Teams

INTRODUCTION Mediation finds wide application in resolving construction disputes. However, mediation is not aligned with corporate project teams that have,...

By Leo Hura
The Psychology Of Divorce author.

The Psychology Of Divorce

INTRODUCTION In helping couples to successfully negotiate the ending of their marital relationship, it is vital for the divorce professional...

By Chip Rose, Donald T. Saposnek, Ph.D

I Found A Lump, Now What? A Creative Way to Resolve Conflict With Breast Cancer Patients

My Position I believe that healing is an integration of all that you are, heart, body, mind, spirit and soul....

By Pamela K. Embury

The Tipping Point: Managing Conflict to Create Culture Change in Health Care

The medical malpractice crisis continues to affect access to liability insurance for physicians, and access to physicians for patients. Congress...

By Debra Gerardi
The Biased Mediator author.

The Biased Mediator

Had my first personal experience last week--after over three hundred mediations--at being accused of being biased, a mental aberration mediators...

By Edward P. Ahrens

Critical Cross-Roads: Good Decision Making Is Key To Successful Negotiations

ADR INSIGHTS – Published in Big News For Smaller Firms – Solo and Small Firm Section of the State Bar...

By Myer J. Sankary
Changing The Blame Game:  Attributional Retraining As A Conflict Intervention author.

Changing The Blame Game: Attributional Retraining As A Conflict Intervention

For over fifty years, psychologists have been researching how people form conclusions about their own thought processes and those of...

By Daryl Landau
How To Create More Currency In Employment Mediation author.

How To Create More Currency In Employment Mediation

When Congress decided to include, as gross income, settlements made for "non-physical" injury torts, it reduced the value of such...

By Jeffrey Krivis

The Narrative Approach to Mediation

Narrative Mediation is a new approach to mediation that was spurned by Narrative Family Therapy, developed in the mid-1980s by...

By Toran Hansen
The Vibrations of Conflict author.

The Vibrations of Conflict

The Vibrations of Conflict [Excerpted from Kenneth Cloke, The Magic of Mediation: A Guide to Transforming and Transcending Conflict (to...

By Kenneth Cloke
Diversity Resistance (Part III) author.

Diversity Resistance (Part III)

The underpinnings for Diversity Resistance are a part of our human development (see part II ). Unfortunately, many of these...

By Marvin E. Johnson
Prepare To Mediate author.

Prepare To Mediate

You thought that last mediation stretched out longer than it should have? When the clock slipped past the one and...

By Edward P. Ahrens

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