Civil Mediation Section
Civil Mediation Articles
Why Don’t We Mediate the “Big” Disputes?
On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable.
Do We Need to Raise Our Voice?
"Keep calm and carry on" is generally a mantra I refer to when I am in the mediation room.
10 things to think about BEFORE you decide whether to litigate and which lawyer to hire
When you have been wronged, all kinds of emotions rush into your head, direct from your heart, without checking with your mind first.
Interview with Carrie Menkel-Meadow - Views from the Eye of the Storm
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.
The Roots of Mediation in Florida and its Worldwide Influence
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.
Mediation in Juvenile Dependency Court: Multiple Perspectives
Since 1992, the Santa Clara County Juvenile Dependency Court has utilized confidential mediation as an integral part of the court process. After hundreds of mediation sessions, we believe it is time for the various participants in the dependency system to reflect on their perspectives on mediation, its strengths, weaknesses, and its future in our court system.
SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims
The high court's opinion will resolve a split among the Circuit Courts of Appeal regarding whether a court may decide the issue of arbitrability in situations where the arbitration claim is groundless.
Online Dispute Resolution: the “New Normal”
It may come as a surprise that online dispute resolution has been around for more than twenty years.
Adult Kids of Divorcees Should Be Spared from the Drama
Many parents do not know how to help their adult children deal with divorce.
Interview with Leonard Riskin - Views from the Eye of the Storm
This is the complete interview by Robert Benjamin with law professor Leonard Riskin filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
Interview with Howard Bellman - Views from the Eye of the Storm
This is the complete interview by Robert Benjamin with Howard Bellman, a long-time leader in the field of labor-management mediation and mediation in the public sector generally, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Interview with Roger Fisher - Views from the Eye of the Storm
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.
Ten Tips Toward Client Arbitration Satisfaction
Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.
Interview with Frank Sander - Views from the Eye of the Storm
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.
The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving
Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.
Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”
One of the issues before the Supreme Court right nowis particularly interesting.
Damage Quantification in Delaware for Breaches of Contract in Post-Merger Litigation
The article develops the question of whether damages for cases sounding in tort should be treated differently from those sounding in contract.
Interview with Michael Lewis - Views from the Eye of the Storm
This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.
In Memoriam: Frank E.A. Sander, pioneer in ADR (1927-2018)
Frank E.A. Sander ’52, a longtime Harvard Law School professor and a pioneer in the field of alternative dispute resolution, has died. He was 90.
Interview with David Hoffman - Views from the Eye of the Storm
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.
Court-based Dispute Resolution
Adapted from Prof Tania Sourdin, Alternative Dispute Resolution, 5th ed, 2016, Thomson Reuters. ADRAC gratefully acknowledges the authorship of Professor Sourdin, who kindly prepared this paper.
Interview with Joseph Stulberg - Views from the Eye of the Storm
This is the complete interview by Robert Benjamin with Joe Stuhlberg, a leading mediation law professor, filmed as part of Mediate.com's "'Views from the Eye of the Storm' Video Series.
Interview with Marvin Johnson - Views from the Eye of the Storm
This is the complete interview by Robert Benjamin with Marvin Johnson, a national leader in the field of dispute resolution generally and on issues of elevating diversity in the ADR field, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Letter to Kelly
This article is a letter of advice to someone who is starting law school.
The Arbitration from Hell and How the New York Courts Got It Wrong
This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.