Category: Legislation

Can Lawyers Mediate Proficiently Based on their Training author.

Can Lawyers Mediate Proficiently Based on their Training

While it is true that lawyers are eminently trained in the art of negotiating by virtue of the rigors of...

By KESHIA OSBOURNE, Bruce Ally
Critical Analysis of the Mediation Bill (The Other Side) author.

Critical Analysis of the Mediation Bill (The Other Side)

The Perspective Well, we hear a lot about Mediation now a days. This is primarily for reasons emanating from the...

By Sanjeev Ahuja
How To Have an Unsuccessful Mediation author.

How To Have an Unsuccessful Mediation

PGP Mediation Blog by Phyllis G. PollackRecently, I conducted a mediation which from the moment I introduced myself, I knew...

By Phyllis Pollack
Transcendent author.

Transcendent

I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among...

By Charlie Young
Q&A with Hon. Irma E. Gonzalez (Ret.) author.

Q&A with Hon. Irma E. Gonzalez (Ret.)

JAMS ADR Blog by Chris PooleJudge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator,...

By Irma Gonzalez
What Challenges Should the Proposed Mediation Act of India Address? author.

What Challenges Should the Proposed Mediation Act of India Address?

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ directed constitution...

By Sneha Vardhani
The Civil Rights Act of 1964: The Right to Bilingual Mediation author.

The Civil Rights Act of 1964: The Right to Bilingual Mediation

The Mediator Ethics Advisory Committee (MEAC) provides written advisory opinions to mediators concerning interpretations of the Florida Rules for Certified...

By Patrick Mastronardo
A Conversation About Whiteness and Mediation author.

A Conversation About Whiteness and Mediation

Indisputably FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article,...

By Jen Reynolds
Charting a Middle Course for Court-Connected Mediation author.

Charting a Middle Course for Court-Connected Mediation

Indisputably The majority opinion in the Breslin case led me to write my piece, Courts Should Make Mediation Good Samaritans Not Frankensteins, which led the...

By John Lande
Retaining Your Assets in Divorce author.

Retaining Your Assets in Divorce

Divorce Done Differently by Denise French After years of working with those going through divorce, we have found individuals with...

By Denise French, MAFF, CVA, CDFA, CRPC
Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice author.

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

“The function, the very serious function of racism, . . . is distraction. It keeps you from doing your work. It keeps you...

By Kenneth Cloke
Proposal for Standard Explanation in Mediation author.

Proposal for Standard Explanation in Mediation

IndisputablySince writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to...

By John Lande
Face and Mediation author.

Face and Mediation

Institute for the Study of Conflict Transformation by Dan SimonWe’ve all heard the phrases “saving face” or “losing face.” How...

By Dan Simon
Global Voices Highlight: A Path to Mediation in the Middle East author.

Global Voices Highlight: A Path to Mediation in the Middle East

Mediate.com is seeking to highlight younger mediators with unique paths in our field. Please enjoy this story of entry into the mediation...

By Mohamad Radwan Al Omar
A Mediator’s Guide to Claims Reserves in the Insurance Industry author.

A Mediator’s Guide to Claims Reserves in the Insurance Industry

JAMS ADR Blog by Chris PooleMediators may encounter a reluctance to settle by one or both parties during the course...

By David Brown
Diversity at the Mediation Table – How Do We Get There? author.

Diversity at the Mediation Table – How Do We Get There?

It is not always automatically bad if the parties at the mediation table are not diverse, because it might for...

By Maria Apostolidou, Melanie Koch
New Mediators’ Guidance from Youth Conference author.

New Mediators’ Guidance from Youth Conference

This article summarizes the Young Minds, Global Voices Conference. This conference was sponsored by mediate.com in May 2021 in an effort...

By Amee Dharamshi, Benjamin Lutz, Clare Fowler, Gwendolyn Myers, Ilan David Bass, Jay Patrick Santiago, Jonathan Rodrigues, Lydia Ray, Maria Apostolidou, Melanie Koch, Nisshant Laroia, Olivia Chisom Osuala, Salman Shaheen, Sumhiya  Sallay
Mediation and Access to Justice for All: The Case of Unrepresented Parties author.

Mediation and Access to Justice for All: The Case of Unrepresented Parties

Legal systems round the globe are grounded in the rule of law and in theory, justice is available readily and...

By Bongkiyi John Paul
Progressive Discipline, the Misunderstood Frontier – Part 4 author.

Progressive Discipline, the Misunderstood Frontier – Part 4

Part One Part Two Part Three Given this is our fourth article by way of a recap we remind the...

By Bruce Ally, Maurice Ford
Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-Absorption author.

Reflection as a Manifestation of Recognition Beyond Relational Weakness and Self-Absorption

Institute for the Study of Conflict Transformation by Dan SimonWhile debriefing immediately after a co-mediation, an interesting question arose: “Does...

By Robin Brzobohatý, Tereza Hanajová
The Muddy Time author.

The Muddy Time

As published in "My Life Publications" February 15, 2021.Some of us call it the muddy time.  It’s the time in...

By Elle Rave
Practical Tips for Presumptive ADR Participants: Five Do’s and Don’ts for Pre-Mediation Statements author.

Practical Tips for Presumptive ADR Participants: Five Do’s and Don’ts for Pre-Mediation Statements

In light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs.  As a result,...

By Rachel Gupta
One Year Later: Zoom Fatigue author.

One Year Later: Zoom Fatigue

PGP Mediation Blog by Phyllis G. PollackAlmost one year ago, life for most of us changed irrevocably: we went from...

By Phyllis Pollack
CEDR’s Eileen Carroll: Her Mediation Story author.

CEDR’s Eileen Carroll: Her Mediation Story

F. Peter Phillips, director of New York Law School’s Alternative Dispute Resolution Skills Program, welcomed an online audience earlier this month...

By Antranik Chekemian
Of Pandemic and Perseverance:   NYCLA’s ADR Committee Makes Lemonade Out of Lemons in 2020 author.

Of Pandemic and Perseverance: NYCLA’s ADR Committee Makes Lemonade Out of Lemons in 2020

Of Pandemic and Perseverance . . .   NYCLA’s ADR Committee Makes Lemonade Out of Lemons in 2020     While there...

By Chris Fladgate, Elan E. Weinreb, Nelson Timken
The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute – Revisited author.

The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute – Revisited

At the beginning of a new year, it seems a good time to look back on some of the common...

By Colm Brannigan
Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations author.

Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations

JAMS ADR Blog by Chris PooleAs a JAMS mediator, I believe that one of the best ways to assist parties...

By James Ware
Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly author.

Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly

Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly Most settlement agreements provide that the entire action shall be dismissed...

By Michael Diliberto
Recognizing Trauma: Litigation and Politics are Harming Us author.

Recognizing Trauma: Litigation and Politics are Harming Us

Originally published here at Kluwer Arbitration Blog.I write this in the aftermath of yet another mediation in which the protagonists...

By John Sturrock
Legal Design and Dispute Tech: Before the Conflict author.

Legal Design and Dispute Tech: Before the Conflict

Technology continues to create new conflict, and with that, find new ways to resolve that conflict. There are many more...

By Simon Boehme

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