Civil Mediation Section
Civil Mediation Articles
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.
Comparing Mediation Websites
According to brand new 8/16/2020 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
The Enugu State Multi-Door Courthouse (ESMDC)
The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.
Separating the People from the Problem - Colin Rule and the Rise of Online Dispute Resolution
This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.
In an ODR World, Is the Time Right to Switch to Multiple Shorter, Staggered Mediation Sessions?
I believe it is time to start a conversation about whether shorter, staggered sessions ought to be considered a best practice when mediating civil and commercial cases via videoconference.
Interview with David Hoffman
This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Recent Court ADA Case Review for Conflict Resolution Practitioners
This paper discusses the emphasis of Alternate Dispute Resolution in the field of ADA and Disability Discrimination and then provides a more detailed review of recent Title I and Title III cases.
6th Key-Government: Make Mediation a Prerequisite to Civil Litigation
Buckminster’s Law derives from the futurist and inventor, R. Buckminster Fuller, who dedicated his life to “making the world work”.
6th Key-Government: Actively Support UN Resolution 1325 on Women, Peace, & Security
Resolution 1325 marks the first time that the UNSC affirmed the critical role of women in conflict resolution and peace building.
Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Europe
This article examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Europe.
To Prevent More George Floyd Tragedies, We Need Federal Peacemakers to Bring Communities and Law Enforcement Together
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.
Online Dispute Resolution Pioneer Colin Rule Named Mediate.com CEO
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.
Congress Awakes!
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."
Fostering Mediation in the Middle East Construction Industry
Whilst the construction industry worldwide is plagued by disputes, construction disputes in the Middle East have two distinct characteristics.
Mediation vs. Arbitration
Tom Stipanowich talks about the arbitration process being taken out of contracts while being replaced with mediation or litigation processes.
What Is Your Mediation Background?
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.
How COVID-19 is Impacting Court ADR Programs
It is without a doubt an understatement to say that the coronavirus (COVID-19) global health crisis is drastically impacting communities worldwide.
Family Mediation 2.0 - Integrating Online Capacities
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).