Civil Mediation Section


Civil Mediation Articles


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?

Jim Melamed

Family Mediation 2.0 - Integrating Online Capacities

(10/04/19)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).

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.

Phyllis Pollack

May I Talk to the Other Party ?

(6/28/19)Phyllis Pollack

I have said this before and will say it again: talking to the other party does wonders.

Alfred Ramos

Mediating Custody in Highly Contested Divorce Cases

(6/27/19)Alfred Ramos

Child custody is often the most contentious aspect of divorce proceedings.

Arthur Rosenbloom

Appearance and Reality in Mediation

(6/06/19)Arthur Rosenbloom

I argue that mediators are well advised to be mindful of the distinction between appearance and reality.

Jim Melamed

Comparing Mediation Websites

(5/24/19)Jim Melamed

According to brand new 5/22/19 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!

Mediate.com ZZZZZ

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

(5/17/19)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.

Wean Khing Wong

Construction Dispute Prevention and Mediation

(4/01/19)Wean Khing Wong

In this short article, I will discuss a common dispute that I experience as a neutral mediator assigned to resolve the dispute, which is the disagreement between the contractor and client over the project.

Jim Melamed

Mediate.com Recognized as a Top Attorney Directory!

(3/28/19)Jim Melamed

Now entering our 24th year, Mediate.com is recognized as a Top Law Firm Directory for SEO! Mediate.com is the 8th ranked lawyer directory. No other mediation or ADR directory is listed in the top 100!

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