Civil Mediation Section


Civil Mediation Articles


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Comparative Data on Mediator Directory Websites

(12/02/18)Mediate.com

According to new data from Alexa.com, Mediate.com is most visited and most linked mediator directory website.

Kenneth Cloke

Interview with Ken Cloke

(11/15/18)Kenneth Cloke

This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

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Mediate.com Recognized as a Top Attorney Directory for SEO!

(11/15/18)Mediate.com

Now entering our 24th year, Mediate.com is recognized as a Top Law Firm Directory.

John Sturrock

Mediator Engagement in Politics – and other things we care about

(11/12/18)John Sturrock

In his thought-provoking new book, Politics, Dialogue and the Evolution of Democracy the legendary Ken Cloke reflects on an exchange between two distinguished American authors, Lawrence Susskind and Bernie Mayer, reflected upon here.

Steven Bennett

Mediation Myths: Barriers to the Use of Mediation

(11/12/18)Steven Bennett

Despite a record of success, in some quarters mediation continues to receive skeptical treatment as an unnecessary step in dispute resolution.

John Fiske

Don’t Dread Divorces this December

(10/30/18)John Fiske

Thanks to the 2017 federal Tax Cuts and Jobs Act of 2017, (“TCAJA”), divorce lawyers and mediators know that December will be a busy time and some of us may be working right up to the close of the courthouse on Monday, December 31st.

Michael Heller

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

(10/13/18)Michael Heller

The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.

Susan Yates

My Favorite Resource Featuring Catherine Geyer

(10/05/18)Susan Yates

Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.

Margaret Shaw

Interview with Margaret Shaw

(9/26/18)Margaret Shaw

This is the complete interview by Robert Benjamin with Margaret Shaw, recipient of this year's Mary Parker Follett award from ACR, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

Leonard Edwards

The Mediation Miracle

(9/21/18)Leonard Edwards

In the past few decades, California has led a national shift in paradigms for family conflict resolution that has freed trial courts to do what they do best—ensure due process of law and serve as the court of last resort.

Colin Rule

Justice

(9/15/18)Colin Rule

As a non-lawyer who teaches in law schools, I have been brought into the “justice” conversation many times. I am asked: How can you be sure your online systems will deliver justice?

Ron Kelly

New California Law Requires Informed Consent to Mediation

(9/14/18)Ron Kelly

On January 1, a new California law will take effect; it will require a lawyer to make sure their client understands the implications of California's legal protections for mediation communication.

L. Randolph Lowry

Interview with Randy Lowry

(9/12/18)L. Randolph Lowry

This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.

Stuart Hanson

Do We Need to Raise Our Voice?

(9/06/18)Stuart Hanson

"Keep calm and carry on" is generally a mantra I refer to when I am in the mediation room.

Michael A. Zeytoonian

10 things to think about BEFORE you decide whether to litigate and which lawyer to hire

(8/31/18)Michael A. Zeytoonian

When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.

Jim Melamed

Online Dispute Resolution (ODR) for Lawyers

(8/21/18)Jim Melamed

This chapter focuses on areas of ODR that are likely to involve attorneys, Attorney involvement in ODR tends to be for more complex and substantial disputes, such as resolving all divorce issues or settling an estate or resolving ongoing business issues. These are areas of “integrative” ODR practice, where there are multiple issues and, commonly, a continuing relationship.

Carrie J. Menkel-Meadow

Interview with Carrie Menkel-Meadow

(8/08/18)Carrie J. Menkel-Meadow

This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Wanderley Baldez

The Roots of Mediation in Florida and its Worldwide Influence

(7/27/18)Wanderley Baldez

The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.

Leonard Edwards

Mediation in Juvenile Dependency Court: Multiple Perspectives

(7/27/18)Leonard Edwards

Since 1992, the Santa Clara County Juvenile Dependency Court has utilized confidential mediation as an integral part of the court process. After hundreds of mediation sessions, we believe it is time for the various participants in the dependency system to reflect on their perspectives on mediation, its strengths, weaknesses, and its future in our court system.

Beth Graham

SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims

(7/02/18)Beth Graham

The high court's opinion will resolve a split among the Circuit Courts of Appeal regarding whether a court may decide the issue of arbitrability in situations where the arbitration claim is groundless.

Marcy Einhorn

Online Dispute Resolution: the “New Normal”

(5/18/18)Marcy Einhorn

It may come as a surprise that online dispute resolution has been around for more than twenty years.

Tracee McCole

Adult Kids of Divorcees Should Be Spared from the Drama

(5/17/18)Tracee McCole

Many parents do not know how to help their adult children deal with divorce.

Leonard Riskin

Interview with Leonard Riskin

(5/07/18)Leonard Riskin

This is the complete interview by Robert Benjamin with law professor Leonard Riskin filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

Howard Bellman

Interview with Howard Bellman

(4/16/18)Howard Bellman

This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Roger Fisher

Interview with Roger Fisher

(4/10/18)Roger Fisher

This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.

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