ODR Articles

Dan Rainey on the Universal Disclosure Protocol for Mediation

(1/18/22)Daniel Rainey

Dan Rainey speaking about the launch of the Universal Disclosure Protocol for Mediation (UDPM).

Better Reflecting Mediation to the World

(12/28/21)Jim Melamed

While mediators often assist in the creation of near miracles behind closed doors, our miraculous work and effective approaches are still not well-understood by general society. Might a more effective way of "reaching the masses" be to take advantage of "MEDIATION ART," be that in our physical and virtual offices, on our websites, and, perhaps in time, at bus stops and on highway billboards?

The Pendulum Has Swung

(12/20/21)Don Cripe

So, what does it mean to the recalcitrant lawyer when it comes to ODR resistance?

Live Talk Tuesdays at Mediate.com

(11/30/21)Clare Fowler, Jim Melamed, Colin Rule

Mediate.com's "Live Talk Tuesday" with Colin Rule, Clare Fowler and Jim Melamed. Ask questions, share ideas and get to know fellow mediators! Free Registration!

The Impending Battle for the Soul of Online Dispute Resolution

(11/30/21)Beth Graham

In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies.

Personal Histories in Conflict Resolution Interview Series: Ian Macduff

(11/30/21)Ian MacDuff

Professor Ian Macduff's interview as part of the Personal Histories in Conflict Resolution interview series offered by Mediate.com.

Mediate.com Great Reads Book Club - Susan Raines, Workplace Conflict

(11/30/21)Susan Raines

Recording of another episode of Mediate.com's Great Reads Book Club with Prof. Susan Raines talking about the new edition of her book "Conflict Management for Managers: Resolving Workplace, Client and Policy Disputes," hosted by Chidera Didigu.

Virtual Mediation in Today’s World: A Pandemic Success Story

(11/22/21)Caroline Antonacci

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.

Mediate.com Great Reads Book Club - Dispute Systems Design with Janet Martinez and Lisa Amsler

(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.

“What Should I Wear?” - Making Choices and Online Dispute Resolution To The Rescue

(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?

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

(10/18/21)Stephen Sonnenberg

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.

Forum Video: Final Report of Mediate.com Task Force on Online Mediation

(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.

Mediate.com Adopts Online Mediation Practice and Ethical Standards

(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.

Paths Forward for Online Mediation - 8 Primary Recommendations

(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:

Paths Forward for Online Mediation: Final Report of Online Mediation Training Task Force - Introduction

(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.

Paths Forward for Online Mediation - Index of Resources

(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.

Paths Forward for Online Mediation - Committee Reports, Recommendations & Resources

(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.

High-Tech Dispute Resolution

(9/13/21)Beth Graham

In this scholarly work, the authors examine the intersection of online dispute resolution and psychology.

Mediation Development in India

(8/13/21)Tara Ollapally

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.

Beyond Mediation: Conflict Coaching

(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.

The Growth of Mediation in Nigeria

(8/12/21)Morenike Obi-Farinde

This paper seeks to draw upon the experiences of Nigeria as a growing mediation movement to serve as a blueprint for emerging mediation movements. 

Beyond Mediation: The Collaborative Practice Experience

(8/11/21)Brian Galbraith

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 Few Best Practices for Online Law Practice and Trainings

(8/11/21)Amy Skogerson

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.

Multi-Jurisdictional Issues in Online Mediation

(8/11/21)Melissa Kucinski

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 Growth of Mediation in Argentina

(8/10/21)Alberto Elisavetsky

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.

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