Civil Mediation Section
Civil Mediation Articles
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).
March, A Month to Celebrate California Mediation Week
In 2009 the California Judicial Council adopted a standing resolution recognizing the third week of March as Mediation Week (Proclamation).
Reflective Practice: In Their Voices Video Conversation Project - Interview with Howard Herman
Howard Herman and Michael Lang discuss the benefits of reflective practice and its impact on the quality of mediation practice.
My Favorite Resource Featuring Joel Shapiro
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.
Mediation versus Court in Divorce
You really don’t want your day in court! Here’s why.
Interview with Bruce Edwards - The Future of Mediation and Mediation in India
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.
Statistics from Franklin County, Ohio’s ODR Program
Great set of comprehensive statistics about Franklin County’s ODR program have now been released. Two results stood out.
Negotiating With My Client
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.
Should Court Mediators Be Lawyers?
Frank Sander discusses how ironically, there has been an ongoing battle within the court system of whether or not mediators need to be lawyers to practice within the courts. Sander voted they didn't need to be lawyers, which was the majority opinion.
Ninth Circuit, Overturning an Award, Backs More Arbitrator Disclosure
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.