Civil Mediation Section
Civil Mediation Articles
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.
Interview with Randy Lowry
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.
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.
If You Want Your “Day in Court”, Don’t Go to Court
“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.
A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation
The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.
Introduction to the Stone Soup Project Mini-Course
This is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.
Interview with Ken Cloke
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.
The Case for Early Mediation; Part II of II
In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.
DOJ Flips on Class Waivers Issue
Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.
Interview with Carrie Menkel-Meadow
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.
Michael Leathes’ New Negotiation Book - Book Review
Michael Leathes has written a book on negotiation that is aimed at corporate counsel.
How to Mediate a Prenuptial Agreement
Marriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.
If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation
Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.
Best Practices for Managing Wills Between Family Members
An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
BBB Complaints Against Mediation.com
At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates.
Litigation–Style Mediation Has Got to Go
It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.
Interview with James Alfini
This is the complete interview by Robert Benjamin with James Alfini, long-time professor of dispute resolution at Northern Illinois University, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.
Divorce Lawyers: 5 Little Known Things You Need To Know
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
Drafting Arbitration Clauses in Construction Contracts
Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.
Interview with Steve Erickson
This is the complete interview by Robert Benjamin with Stephen Erickson, one of the founders of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.