Civil Mediation Articles
California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.
California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.
Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?
What characteristics do you think are shared by quality court ADR programs? I took a swing at a list here. What would you add? Change?
I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.
Indian courts are now coming to favor mediation for the long run.
This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.
(8/11/19)Prathamesh D Popat
Every society, every community, every culture has some or the other form/s of resolving the disputes faced by their constituents. Often, the longer and more prosperous the lineage, the more refined and varied the mechanisms.
What can you do if you think your case cannot be resolved by mediation?
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.
The most valuable lesson I learned from the book, and the teacher, was the importance of power in any discussion.
This is the complete interview by Robert Benjamin with Roger Fisher, author of 'Getting to Yes' and other negotiation and dispute resolution books and founder of the Harvard Project on Negotiation, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.
This is the complete interview by Robert Benjamin with former US Attorney and mediator Sid Lezak shortly before his death as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
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.
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.
I have said this before and will say it again: talking to the other party does wonders.
Child custody is often the most contentious aspect of divorce proceedings.
I argue that mediators are well advised to be mindful of the distinction between appearance and reality.
According to brand new 5/22/19 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
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.
(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.
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!
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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.