Civil Mediation Articles
(4/01/19)Wean Khing Wong
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.
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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.
A practicing mediator and retired judge explains why mediation may be a better option than litigation for high-conflict cases.
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.
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.
Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective.
(12/28/18)Supreme Court of India
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.
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.
(12/01/18) Alok Prasanna Kumar, Ameen Jauhar, Kritika Vohra, Ishana Tripathi
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.
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.
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.
Despite a record of success, in some quarters mediation continues to receive skeptical treatment as an unnecessary step in dispute resolution.
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.
The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.
Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.
This is the complete interview by Robert Benjamin with Margaret Shaw, recipient of this year's Mary Parker Follett award from ACR, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
In the past few decades, California has led a national shift in paradigms for family conflict resolution that has freed trial courts to do what they do best—ensure due process of law and serve as the court of last resort.
As a non-lawyer who teaches in law schools, I have been brought into the “justice” conversation many times. I am asked: How can you be sure your online systems will deliver justice?
(9/12/18)L. Randolph Lowry
This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.
On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable.
"Keep calm and carry on" is generally a mantra I refer to when I am in the mediation room.
(8/31/18)Michael A. Zeytoonian
When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.
(8/08/18)Carrie J. Menkel-Meadow
This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
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The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.