Civil Mediation Section


Civil Mediation Articles


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APFM, NAFCM, MBB & ACR Co-Sponsor National Mediation Policy Act!

(11/30/20)Mediate.com

The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.

Bruce Edwards

Virtual Mediation; An Enhanced Process or an Ephemeral Solution?

(10/30/20)Bruce Edwards

Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.

Mary Salisbury

The Lawyerization of the Mediation Process

(10/03/20)Mary Salisbury

Imagine my surprise years ago when I went through North Carolina family financial mediation training and I learned that the norm for mediating a couple going through divorce was shuttle mediation.

Keri Morris

When Three Becomes a Crowd

(9/04/20)Keri Morris

An example of how dispute resolution can help when the courts can’t.

Jim Melamed

Comparing Mediation Websites

(8/17/20)Jim Melamed

According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!

Chinwe Egbunike-Umegbolu

The Enugu State Multi-Door Courthouse (ESMDC)

(8/07/20)Chinwe Egbunike-Umegbolu

The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.

Colin Rule

Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution

(7/31/20)Colin Rule

This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.

Frank Burke

In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?

(7/21/20)Frank Burke

I believe it is time to start a conversation about whether shorter, staggered sessions ought to be considered a best practice when mediating civil and commercial cases via videoconference.

David A. Hoffman

Interview with David Hoffman

(7/20/20)David A. Hoffman

This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Heather Kennedy

Recent Court ADA Case Review for Conflict Resolution Practitioners

(7/16/20)Heather Kennedy

This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.

Manon Schonewille

6th Key-Government: Make Mediation a Prerequisite to Civil Litigation

(7/10/20)Manon Schonewille, Constantin-Adi Gavrila, Leonardo d'Urso

Buckminster’s Law derives from the futurist and inventor, R. Buckminster Fuller, who dedicated his life to “making the world work”.

Alicia Kuin

6th Key-Government: Actively Support UN Resolution 1325 on Women, Peace, & Security

(7/10/20)Alicia Kuin

Resolution 1325 marks the first time that the UNSC affirmed the critical role of women in conflict resolution and peace building.

Gregg Relyea

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Europe

(7/02/20)Gregg Relyea, Carla Marcucci

This article examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Europe.

Grande Lum

To Prevent More George Floyd Tragedies, We Need Federal Peacemakers to Bring Communities and Law Enforcement Together

(6/22/20)Grande Lum, Grace Flores-Hughes

For decades, Community Relations Service mediators from the Department of Justice have been working with community leaders to address the mistreatment of black and brown people by law enforcement.

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Online Dispute Resolution Pioneer Colin Rule Named Mediate.com CEO

(6/13/20)Mediate.com

Mediate.com announced today that Colin Rule has been named President and Chief Executive Officer. Jim Melamed, the company’s co-founder and CEO for 25 years, is now chair of the board and general counsel.

Joshua Javits

Congress Awakes!

(6/08/20)Joshua Javits

This is an opinion piece about the country's response to the pandemic: "There is no simple prescription without the hard work of identifying the precise nature of our problems and working together toward their remedy."

Rafat Sweileh

Fostering Mediation in the Middle East Construction Industry

(5/22/20)Rafat Sweileh

Whilst the construction industry worldwide is plagued by disputes, construction disputes in the Middle East have two distinct characteristics.

Tom Stipanowich

Mediation vs. Arbitration

(5/15/20)Tom Stipanowich

Tom Stipanowich talks about the arbitration process being taken out of contracts while being replaced with mediation or litigation processes.

Jim Melamed

What Is Your Mediation Background?

(5/05/20)Jim Melamed

The "digitization of mediation," now on steroids with the Covid-19 pandemic, has resulted in dramatic changes and new opportunities for mediators and the mediation field. A part of this includes new meanings for old words.

Nicole Wilmet

How COVID-19 is Impacting Court ADR Programs

(3/27/20)Nicole Wilmet

It is without a doubt an understatement to say that the coronavirus (COVID-19) global health crisis is drastically impacting communities worldwide.

Jim Melamed

Family Mediation 2.0 - Integrating Online Capacities

(3/24/20)Jim Melamed

Dramatic changes are coming to family mediation programs and practices in the U.S. In the court context, The National Center for State Courts (NCSC) and the Pew Charitable Trusts (Pew) are now leading the way to expand online access to justice, including online dispute resolution (ODR).

Yvette Durazo

March, A Month to Celebrate California Mediation Week

(3/13/20)Yvette Durazo

In 2009 the California Judicial Council adopted a standing resolution recognizing the third week of March as Mediation Week (Proclamation).

Howard Herman

Reflective Practice: In Their Voices Video Conversation Project - Interview with Howard Herman

(3/09/20)Howard Herman

Howard Herman and Michael Lang discuss the benefits of reflective practice and its impact on the quality of mediation practice.

Nicole Wilmet

My Favorite Resource Featuring Joel Shapiro

(3/06/20)Nicole Wilmet

This month, Resource Center Director Nicole Wilmet spoke with Joel Shapiro, Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit Mediation Program, to learn about his favorite resource.

Denise French

Mediation versus Court in Divorce

(3/06/20)Denise French

You really don’t want your day in court! Here’s why.

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