When the legal profession began to experience the impact of the COVID-19 pandemic, I wondered specifically how it would affect alternative dispute resolution. I was not so concerned about arbitration.
(11/09/21)Janet Martinez, Lisa Amsler, Howard Gadlin
Recording of Mediate.com's Great Reads Book Club with Prof. Janet Martinez and Prof. Lisa Amsler talking about their book (written with Stephanie Smith) Dispute Systems Design, hosted by Howard Gadlin.
(10/25/21)Lucia Kanter St. Amour
Steve Jobs famously wore the same black turtleneck, blue jeans and New Balance sneakers every day. Do you know why?
I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways.
(9/28/21)Forrest (Woody) Mosten, Clare Fowler, Jim Melamed, Colin Rule
This is a 90 minute video from the September 24, 2021 Forum sharing the Final Report of Mediate.com Task Force on Online Mediation. This video features Woody Mosten, Colin Rule, Clare Fowler, Jim Melamed, Tara Ollapally, Bruce Edwards, Donna Silverberg, Susan Guthrie, Angelia Tolbert, Michael Aurit, Tricia Jones, Michael Lang and John Sturrock.
(9/21/21)Colin Rule, Jim Melamed
One of the Primary Recommendations of the Mediate.com Task Force on Online Mediation is to update mediation practice and ethical standards to fully embrace online mediation. In response, Mediate.com has now formally adopted the Task Force's Recommended Practice Standards for Online Mediation effective January 1. 2022.
(9/20/21)Jim Melamed, Forrest (Woody) Mosten
In addition to the many Committee Recommendations, the Task Force’s Executive Committee offers these 8 Primary Task Force Recommendations to support the field of mediation fully embracing online mediation and online mediation training:
(9/20/21)Jim Melamed, Forrest (Woody) Mosten
Mediate.com’s Online Mediation Training Task Force here presents our Final Report and Recommendations, along with our Committee recommendations and resources, with humility, knowing that the ideas contained herein are intended to stimulate additional and continuing consideration, discussion and research.
(9/20/21)Clare Fowler, Colin Rule
This index of resources is intended to assist readers to conveniently identify and access specific portions of the Mediate.com Online Mediation Task Force Report that are of the greatest interest.
(9/19/21)Forrest (Woody) Mosten, Jim Melamed
Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.
In this scholarly work, the authors examine the intersection of online dispute resolution and psychology.
India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020. As part of the reforms to the justice system to better manage the backlog there has been a concerted push to ADR processes.
(8/12/21)Cinnie Noble, Patricia Porter
Conflict coaching, also known as conflict management coaching, is a one on one process in which a trained coach supports clients to strengthen their conflict competence, including their confidence and comfort to engage more effectively in their interpersonal disputes. This process may also be used for pre-mediation to prepare parties to participate more effectively in the mediation process or to prepare for any facilitated dialogue/discussion.
This paper seeks to draw upon the experiences of Nigeria as a growing mediation movement to serve as a blueprint for emerging mediation movements.
Collaborative Practice is a process to resolve family law conflict without the use of the court. Each person has their own attorney, but should the matter go to court, the attorneys are prohibited from participating in the court process. This changes everything. Instead of gearing up for litigation the attorneys becoming settlement specialists. Everyone has a vested interest in assisting the clients reach an agreement.
A great article emphasizing that mediators take the time to identify and learn useful online technologies and how to make your online meetings most effective and successful.
With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictional implications.
The Argentine Republic has a Federal System of Government where the National State and Provincial States coexist. The regulation of Mediation is a power that is understood to be reserved to the latter. Because of this, we must keep these two areas in mind to carry out the analysis.
This report focuses on questions and issues considered by the Committee on Experiential Online Mediation Training:
Clinics, Simulations, and Video Feedback, as part of Mediate.com's Online Mediation Training Task Force. This complete committee report highlights valuable resources and committee recommendations for moving forward.
While a population that distrusts organized government and veers towards private handlings of delicate matters might seem perfectly primed to welcome mediation into its dispute resolution culture, Russian intelligencia first brought mediation to the forefront of legislative consideration in the 21st century, with legislation authorizing the use of mediation in Russia only being passed in 2011.
The Online Mediation Marketing Committee considered the following issues: 1) What resources, resource center(s) and organizational support will best support the elevation, acceptance and use of online mediation training and online mediation services; 2) How can mediation providers and policy organizations best support the expansion of online mediation providers; 3) How can mediators and other professionals best support the expansion of online mediation; and 4) What are the best new opportunities for expanding the application of mediation and online mediation services?
The term “Mentor” been commonly used to include guide, champion, teacher, supervisor. Today because we inherited many traditions of mentoring practices, we continue to use the term broadly while also attempting to give it somewhat more definition in terms of mediation and related professional practices.
At the request of Mediate.com, a small group of US-based public policy and large group mediators/mediation trainers met online during the winter/spring of 2021 to consider best practices and ideas to enhance online training and practice. This report summarizes our ideas and recommendations for ourselves, our colleagues and Mediate.com.
The Family and Elder Committee was initially tasked with Considering the Following Questions: 1) How can family and elder mediation training be improved to embrace online mediation; and
2) How can family and elder mediation training best be offered online, for basic training, advanced training, and ongoing continuing education?
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In November 2020, Mediate.com approached D.G. Mawn of the National Association for Community Mediation (NAFCM) to facilitate a national think tank regarding possible support Mediate.com may wish to consider which would strengthen and broaden the impact of community mediation through on-line access. The exact charge was: Develop best-practice recommendations for Mediate.com regarding their online services so they best support the field of community mediation to embrace and offer online mediation services and utilize and benefit from basic and ongoing online mediation training.