Civil Mediation Section
Civil Mediation Articles
Construction Dispute Prevention and Mediation
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.
Mediate.com Recognized as a Top Attorney Directory!
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!
Pew Charitable Trusts Calls for Standardization of US Court ODR Programs
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.
Mediation vs. Litigation for High-Conflict Divorce
A practicing mediator and retired judge explains why mediation may be a better option than litigation for high-conflict cases.
Should Retired Judges Mediate?
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.
New California Law Requires Informed Consent to Mediation
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.
New Mediator Self-Reflection Tool
Even though mediators work very closely with people when we mediate, typically no one else in the room shares our mediator perspective.
Supreme Court of India - Mediation Training Manual
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.
Online Dispute Resolution (ODR) for Lawyers
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.
Strengthening Mediation in India: A Report on Court-Connected Mediations
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.
Interview with Ken Cloke - Views from the Eye of the Storm
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.
Mediator Engagement in Politics – and other things we care about
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.
Mediation Myths: Barriers to the Use of Mediation
Despite a record of success, in some quarters mediation continues to receive skeptical treatment as an unnecessary step in dispute resolution.
Don’t Dread Divorces this December
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.
Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?
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.
My Favorite Resource Featuring Catherine Geyer
Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.
Interview with Margaret Shaw - Views from the Eye of the Storm
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.
The Mediation Miracle
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.
Justice
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?
Interview with Randy Lowry - Views from the Eye of the Storm
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.
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.