Civil Mediation Section
Civil Mediation Articles
The New Plan for the Academy of Court-Appointed Masters
Helping People Become Special Masters and Special Masters Assist the Administration of Justice: The New Plan for the Academy of Court-Appointed Masters.
Don’t Chalk My Tires, Or Why Mediation is Not Appropriate
This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.
Multi-Jurisdictional Issues in Online Mediation
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.
Mediation and Lawyers
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?”
Who Should You Call When in Conflict?
Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?
Charting a Middle Course for Court-Connected Mediation
I wrote this article growing out of the lively discussion in a program on fairness.
Certainty Does Not Equate to Accuracy!
In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.
Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODR
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.
Retaining Your Assets in Divorce
After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.
City Commissioner Commends ISCT Staff Member for Work on Police Reform Initiative
"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!"
“Noise” is not Bias!
I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.
A Mediator’s Guide to Claims Reserves in the Insurance Industry
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.
Mediation and Access to Justice for All: The Case of Unrepresented Parties
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 is Top Ranked Mediation Website
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.
Announcing the Launch of the New and Improved Arbitrate.com
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.
[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment
JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.
CEDR’s Eileen Carroll: Her Mediation Story
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.
Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly
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 Vanishing Jury Trial and Other Important Lessons for Mediators
The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.
Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations
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.
Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?
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.
APFM, NAFCM, MBB & ACR Co-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.
Virtual Mediation; An Enhanced Process or an Ephemeral Solution?
Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.
The Lawyerization of the Mediation Process
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.
When Three Becomes a Crowd
An example of how dispute resolution can help when the courts can’t.