Civil Mediation Section


Civil Mediation Articles


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.

Jim Melamed

Statistics from Franklin County, Ohio’s ODR Program

(1/28/20)Jim Melamed

Great set of comprehensive statistics about Franklin County’s ODR program have now been released. Two results stood out.

Varsha Manoj

Negotiating With My Client

(1/10/20)Varsha Manoj

As a freshly minted lawyer, I came to a realization within a few months of joining the workforce - my very expensive university education prepared me for only half the battle.

Ninth Circuit, Overturning an Award, Backs More Arbitrator Disclosure

(11/04/19)Daniel Bornstein

The Ninth U.S. Court of Appeals ruled this week that arbitrators are required to disclose their ownership interests in the organizations they are affiliated with and the organizations’ business dealings with the arbitration parties.

F. Peter Phillips

Arbitration Jurisprudence Takes Strange Turn

(10/25/19)F. Peter Phillips

The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour.

Nicole Wilmet

California’s Yolo Superior Court Launches New Online Dispute Resolution Program

(10/25/19)Nicole Wilmet

California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.

New California Law Prohibits Pre-Dispute Employment Arbitration Agreements

(10/18/19)Andrew Garcia

California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.

Jen Reynolds

Mandatory Minimums and Plea Bargaining

(10/11/19)Jen Reynolds

Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?

Bruce Edwards

Interview with Bruce Edwards - The Future of Mediation and Mediation in India

(9/23/19)Bruce Edwards

This is a new interview of Bruce Edwards by Mediate.com's Managing Editor, Dr. Clare Fowler. Mr. Edwards discusses the growth in the field of mediation generally and the growth of mediation in India specifically.

Susan Yates

Characteristics of Quality Court ADR Programs

(9/20/19)Susan Yates

What characteristics do you think are shared by quality court ADR programs? I took a swing at a list here. What would you add? Change?

Mark Kantor

US Appeals Court in “Manifest Disregard” Claim Instructs Arbitrator to Clarify “Irreconcilable Determinations”

(9/20/19)Mark Kantor

I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.

Swati Sharda

Mediation for Timely Justice: Need of the Hour in India

(9/11/19)Swati Sharda

Indian courts are now coming to favor mediation for the long run.

Mint TV

Mediation Gains Popularity in India (video)

(9/10/19)Mint TV

This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!

Nicole Wilmet

Michigan Supreme Court Launches New Online Dispute Resolution Program, MI-Resolve

(8/23/19)Nicole Wilmet

In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.

Prathamesh D Popat

ADR In INDIA

(8/11/19)Prathamesh D Popat

Every society, every community, every culture has some or the other form/s of resolving the disputes faced by their constituents. Often, the longer and more prosperous the lineage, the more refined and varied the mechanisms.

Mediation Essentials – Case Study of Delhi High Court Rules

(8/08/19)Amartya Bag

What can you do if you think your case cannot be resolved by mediation?

Michael Diliberto

Got A Final Award? It Ain’t Necessarily So

(8/02/19)Michael Diliberto

The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.

Richard Barbieri

Power as Role and Reality in Mediation

(8/02/19)Richard Barbieri

The most valuable lesson I learned from the book, and the teacher, was the importance of power in any discussion.

Beth Graham

SCOTX Grants Petition For Review Over Local Government Arbitration Question

(7/12/19)Beth Graham

On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.

John Sturrock

Bringing Mediation into the Mainstream

(7/05/19)John Sturrock

Being a mediator brings surprises along the way. It is remarkable that, after years of waiting for Scotland to pick up the mediation baton, we now have two important initiatives underway.

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