Category: Legal

Abstract Conflict of interest is a part of human affairs. Industrial conflict is also human conflict and is one of...

Howard Herman gets parties out of battle mode in cases with complex power dynamics After 37 years, including 23 years...

Where there is construction, there are contracts. Typically, these contracts are obtained through a competitive, hard-bid process, which is often...

https://youtu.be/4PcXmhnfFWg Keynote Discussion with Prof. Richard Susskind, IT Adviser to the Lord Chief Justice of England and Wales (https://www.susskind.com/), presented...

In the plenary session of a mediation, when you have your first opportunity to directly address your opponent’s decision-maker, should...

Ministry of Law in Singapore has provided for ‘free’ mediation for wedding couples and wedding vendors that were affected by...

Divorce agreements tell a story.  The story speaks not only of arrangements for children’s living and times spent with each...

University of California, Davis, Professor Donna Shestowsky and I recently had the pleasure of conducting the first neutral evaluation of any family...

The New York Times published a fascinating account of the plea bargaining of Allen Weisselberg, the Trump Organization CFO.  This was...

I appreciate John’s perspective that it is a shame that the criminal case against Allen H. Weisselberg plead out and did not...

In May 2019, I posted a blog about a plaintiff who challenged a parking ticket on the grounds that chalking her tires...

Mediate.com launched its spinoff online community Arbitrate.com on March 1, 2021, and the site has made an enormous amount of...

As a lawyer, judge, and now mediator, I have handled thousands of cases in multiple areas of the law. I...

What is a bubbe-meise? It’s a myth, a fairy tale, an urban legend. Translated from Yiddish, it is literally “a grandmother’s...

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

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

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

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

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

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

This article first appeared on Urbas Arbitral, here. In North Pacific Properties Ltd v. Bethel United Churches of Jesus Christ Apostolic...

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

This video is presented as part of Mediate.com's 25th Anniversary Conference at www.mediate.com/Mediation2020.Access all Carrie Menkel-Meadow videos here. Carrie Menkel-Meadow...

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

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

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

When a loved one dies, dealing with the preparations for the funeral are more than enough. Your emotions are raw...

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

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

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