Civil Mediation Articles
Helping People Become Special Masters and Special Masters Assist the Administration of Justice: The New Plan for the Academy of Court-Appointed Masters.
This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.
With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictional implications.
A common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am I going to have to hire a lawyer?”
Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?
I wrote this article growing out of the lively discussion in a program on fairness.
In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.
RSI’s Director of Research, Jennifer Shack, and Professor Shestowsky are working with the Pew Charitable Trusts to evaluate online platforms that courts are using to assist parties in engaging in mediation and negotiation.
After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.
(6/11/21)Lydia Vanderkaay, Dan Simon
"I know much of our work is done privately in mediation rooms or with groups and we rarely get this level of public acknowledgement so I thought it was important to share!"
I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.
Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.
(5/16/21)Bongkiyi John Paul
Legal systems around the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.
Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.
(3/09/21)Amy Schmitz, Colin Rule
After many months of work, we are very proud to announce the launch of a new Arbitrate.com site, sporting a sleek design and a powerful set of updated features and capabilities. Please consider joining Arbitrate.com and sign up for our free Arbitration Today newsletter.
JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.
F. Peter Phillips, director of New York Law School’s Alternative Dispute Resolution Skills Program, welcomed an online audience earlier this month as part of the program’s long-running lunchtime speaker series for a session with veteran U.K. mediator Eileen Carroll.
Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms.
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
As a JAMS mediator, I believe that one of the best ways to assist parties to resolve a dispute is to educate them about the risks they run in continuing the confrontation.
(12/07/20)Ariel Kirzner, Bruce Ally
This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.
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.
Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.
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.
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An example of how dispute resolution can help when the courts can’t.