Civil Mediation Section
Civil Mediation Articles
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
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
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
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
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
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.
Interview with Jim Coben
This is the complete interview by Robert Benjamin with Jim Coben, long-time former director of the Hamline University Conflict Resolution Program, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Interview with Michelle LeBaron
This is the complete interview by Robert Benjamin with Michelle LaBaron, a leading expert on cross cultural dispute resolution issues, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
The NFL Should Try Mediation First
Recently, 12 NFL players and 11 owners met privately to discuss the controversy over players kneeling during the national anthem, without any resolutions or results. What they need is a better technique: Mediation.
Roundup: Legislation with Mediation or Arbitration…Maybe for the future?
Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.
Lawyer Negotiation: Theory, Practice & Law - Book Review
This is a review of the book Lawyer Negotiation: Theory, Practice and Law, by Jay Folberg and Dwight Golann.
Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options
Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.
ADR in the Regulation of Aged Care
The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.
Traits of a 'Mediator'
Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable. It turns out that these same character traits may have other uses as well.
Online Arbitration as a Remedy for Crowdfunding Fraud
In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.
Litigation vs ADR – Different Strokes for Different Folks
This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.
Prenup? That’s Good News!
Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.
Bargaining in the Light of the Law: The Case of Divorce
By now, in 2017, divorce law has become clear and often even predictable.