Civil Mediation Section
Civil Mediation Articles
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.
Arbitration Jurisprudence Takes Strange Turn
The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour.
California’s Yolo Superior Court Launches New Online Dispute Resolution Program
California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.
New California Law Prohibits Pre-Dispute Employment Arbitration Agreements
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.
Mandatory Minimums and Plea Bargaining
Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?
Characteristics of Quality Court ADR Programs
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?
US Appeals Court in “Manifest Disregard” Claim Instructs Arbitrator to Clarify “Irreconcilable Determinations”
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.
Mediation for Timely Justice: Need of the Hour in India
Indian courts are now coming to favor mediation for the long run.
Mediation Gains Popularity in India (video)
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!
Michigan Supreme Court Launches New Online Dispute Resolution Program, MI-Resolve
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.
ADR In INDIA
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.
Mediation Essentials – Case Study of Delhi High Court Rules
What can you do if you think your case cannot be resolved by mediation?
Got A Final Award? It Ain’t Necessarily So
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.