Civil Mediation Section


Civil Mediation Articles


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

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

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.

Jim Melamed

Online Dispute Resolution Pioneer Colin Rule Named Mediate.com CEO

(6/13/20)Jim Melamed

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.

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.

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.

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