Update on Remote Mediations and the Virtual Evolution of ADR

During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely.

Should Lawyers and Mediators also Play the Role of Therapists?

Family therapists work to create a comfortable, safe space for their clients to express themselves.

Conflict and Culture on a Voyage to Mars

Survival depends on understanding and working together.

Virtual Mediation; An Enhanced Process or an Ephemeral Solution?

Will the future have room for both virtual and in-person mediation? The pandemic is presenting a generational opportunity for accommodation and change.

Building Leadership in Companies Through Transformational Mediation

A workplace that provides meaning and a sense of self-worth to its employees and equips them with skills to handle positively the challenges that exist when there are differences and disagreements, nurtures a leader fulfilling the mission and vision of the organization.

What To Do When Parties Attribute Bad Faith Motives To Each Other

Nearly all mediations involve parties that view the same facts in a very different light. But in a great many mediations, the parties go further.

Suggestions for Virtual Jury Trials

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe.

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines.

The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent virtual mock trial that was held via Zoom and hosted by the Civil Jury Project. In the report titled “Suggestions for Remote “Zoom” Jury Selection,” the authors discuss panel size, jury selection questionnaires, technology issues, time limits, instructions for the jury, and more.  It’s an informative report describing specific issues for this new, online environment that need to be considered in order to improve virtual jury trials.

Parker and Weizenecker suggest the following areas for improvement:

Currently, there is not a remote platform designed for jury trials. It is our understanding that the Civil Jury Project at NYU Law School has contacted Zoom urging the design of an intuitive, user-friendly, litigation/trial specific platform resembling a real courtroom. Here are some additional suggestions related to the design of that platform:

• As stated above, allow the locking in of juror position on the screen;
• As stated above, put limitations on the chat function;
• Ability of judge (host) to control what participants see on their screen instead of participants using individual settings, so that everyone sees the same thing on their screens;
• Objection button for counsel to object, which would eliminate the need for counsel to verbally interrupt in front of the jury;
• Integration of documents with the platform including: impeachment folders, exhibit folders, and verdict form;
• Better capabilities for interaction with demonstrative aids, especially when using PowerPoint.

Although the mock Zoom jury trial and report do not specifically address criminal cases, the lessons learned can be useful for improving most virtual jury trials.

Deescalating Verbal Attacks

After 28 years of marriage, you wouldn’t be surprised to hear me say my husband I and get into arguments, at times.

An Academic Journal on Hispanic America Online Dispute Resolution

The inaugural ODR journal: Opening Ways of Knowledge for Hispano America.

What Is E-Mediation?

The internet has become an indispensable business resource as more companies rely on online tools.

Bedrooms, Bookcases, or Beaches: Choosing and Organizing Your Background with Purpose

Today’s post explores how best to present yourself in a virtual mediation.

Mediation In Greece

This article discusses mediation in Greece, how the “Journey” started and the current situation.

Mediation 20/20 Conference - Day 3 Video

Mediation 20/20 Complete Day 3 Video: (1) Envisioning Mediation for a New Generation - Where Should We Go? Technology and New Generational Expectations; and (2) Moving Forward - How Do We Get There?

Mediators Green Pledge

Promoting the Mediators Green Pledge is now the purpose of a new WoMACC site. It seems to be one way to commit to our future. I invite you to sign up to the Green Pledge and to promote it to those you know and work with.

Una Revista Academia Sobre ODR

Abriendo Caminos de Conocimiento para LatinoAmerica

Because Mediators Deserve a Personality Test Too

This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.

The Singapore Convention and the JAMS/SCMC Joint Mediation Panel

This article discusses new opportunities for cross-border mediation, collaboration and dialogue.

The Aim of Argument

It seems that sometimes when we begin to have an argument with someone the focus isn’t on moving things forward.

Asynchronous Instruction in this Year of Living Dangerously

Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic.

A Transformative Mediator Intervening in a Commercial Would-Be Dispute

On September 15th, 2020 IDI, the International Distribution Institute organized a webinar focused on possible solutions for re-starting distribution and retail/franchising relationships which have suffered difficulties during lock- down, and which are still suffering difficulties in order to adapt to the restrictive measures imposed by the COVID pandemic.

Evaluating Mediation’s Future

In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.

One Shovel at a Time

This article discusses "Raising Traditional Mediation - Becoming an Invisible Mediator."

Mediating Conflict in the Time of Covid-19

This article addresses internal and external skills for mediators to use during this time of Covid-19, to raise awareness of internal biases, and shift those biases in order to skillfully mediate for our clients.

Envisioning Online Dispute Resolution (ODR) for Internet Service Provider Outages

Before the pandemic, losing your internet connectivity was frustrating; now, losing connectivity can truly be detrimental to your health and safety. This article proposes a new model for redress where independent ombudspersons help consumers get fair redress for lost connections, enabling equitable outcomes and leveling the playing field.

Getting the Most from Mediate.com

This PDF presentation from Mediate.com CEO Colin Rule reviews available Mediate content, resources, and services to help you develop and promote your mediation services.

Married Mediators: Joan Goldsmith and Ken Cloke

An interview with Joan Goldsmith and Ken Cloke about mediation, being married to a mediator, and the future of mediation. Recorded and shared as part of the Mediation 20/20 Conference.

Mediation 20/20 Conference - Day 2 Video

Mediation 20/20 Day 2 Video: The current state of the field: obstacles and opportunities.