Civil Mediation Section
Civil Mediation Articles
Got A Final Award? It Ain’t Necessarily So
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.
Power as Role and Reality in Mediation
The most valuable lesson I learned from the book, and the teacher, was the importance of power in any discussion.
SCOTX Grants Petition For Review Over Local Government Arbitration Question
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.
Bringing Mediation into the Mainstream
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.
May I Talk to the Other Party ?
I have said this before and will say it again: talking to the other party does wonders.
Mediating Custody in Highly Contested Divorce Cases
Child custody is often the most contentious aspect of divorce proceedings.
Appearance and Reality in Mediation
I argue that mediators are well advised to be mindful of the distinction between appearance and reality.
Comparing Mediation Websites
According to brand new 5/22/19 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
APFM, NAFCM, MBB & ACR Sponsor National Mediation Policy Act!
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.
Interview with Bruce Edwards - The Future of Mediation and Mediation in India
This is an new of Bruce Edwards by Mediate.com Managing Editor Dr. Clare Fowler. Bruce discusses growth in the field of mediation generally and the growth of mediation in India specifically.
Construction Dispute Prevention and Mediation
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.
Mediate.com Recognized as a Top Attorney Directory!
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!
Pew Charitable Trusts Calls for Standardization of US Court ODR Programs
The Pew Charitable Trusts (“Pew”) has reportedly issued a call for the establishment of a national body to standardize online dispute resolution (“ODR”) procedures in civil courts across the United States.
Mediation Essentials – Case Study of Delhi High Court Rules
What can you do if you think your case cannot be resolved by mediation?
Mediation vs. Litigation for High-Conflict Divorce
A practicing mediator and retired judge explains why mediation may be a better option than litigation for high-conflict cases.
Should Retired Judges Mediate?
Why use judges to mediate? This is a frequent question and an understandable one, given the relatively high cost of scarce judicial resources and the already heavy demands on judges' time.
New California Law Requires Informed Consent to Mediation
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.
New Mediator Self-Reflection Tool
Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective.
Supreme Court of India - Mediation Training Manual
Mediation has emerged as a fast growing disputes redressal mechanism. The Supreme Court of India has constituted Mediation and Conciliation Project Committee (MCPC) to oversee the effective implementation of Mediation and Conciliation in the country.
Online Dispute Resolution (ODR) for Lawyers
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.
Strengthening Mediation in India: A Report on Court-Connected Mediations
Based on the data gathered, the report analyses the performance of court connected mediation programmes and makes institutional and legislative recommendations to strengthen mediation in India.
Interview with Ken Cloke - Views from the Eye of the Storm
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.
Mediator Engagement in Politics – and other things we care about
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.
Mediation Myths: Barriers to the Use of Mediation
Despite a record of success, in some quarters mediation continues to receive skeptical treatment as an unnecessary step in dispute resolution.
Don’t Dread Divorces this December
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.