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Gizem Alper

“Double Hatting” under Med- Arb: A Comparative Analysis

Gizem Alper

Over the past few years, the concept of blending mediation with arbitration has attracted attention in the international arbitration community.

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

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.

Marian Grande

Domestic Violence and Family Mediation

Marian Grande

Domestic violence is a prevalent problem in Canada. Unfortunately, family violence is a genuine reality for many families.

Strathclyde Mediation Clinic: A decade of dedication to mediation in Scotland

Charlie Irvine, Jonathan Rodrigues

The Mediation Clinic attached to the University of Strathclyde (“The Mediation Clinic”) in Glasgow, Scotland, recently won the ‘Community Contribution Award’ at the Scottish Legal Awards 2021. This is an article discussing the program.

Charlie Young

Transcendent

Charlie Young

I’ve been fortunate to be a part of mediations where there have been healings and complete changes of heart among the parties. What are the commonalities?

Giovanni Matteucci

Mediation and Business Crisis in Italy, 2021. Where's the training?

Giovanni Matteucci

On August 25, 2021, Law decree 118/2021 came into force concerning the prevention/management of business crisis. A crucial aspect has been neglected, the training in negotiation and mediation techniques.

Forrest (Woody) Mosten

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

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.

Christopher Nolland

Overcoming The Sunk Cost Fallacy and Its Untoward Impact on Settlement Dynamics

Christopher Nolland

"I’ve spent over $300,000 in legal fees and two years of my life to get here. Obviously, my lawsuit must be worth more than my investment in money, time, energy, stress, and opportunity costs."

Paul Rajkowski

SHOVEL 5 - Whose Fear is it Anyway

Paul Rajkowski

Somewhere along the mediation trail, process change appeared. This change became a big drift from traditional mediation and led to the shuttle system.

Colin Rule

Mediate.com Adopts Online Mediation Practice and Ethical Standards

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.

Daniel Rainey

Why Have a Disclosure Protocol for Mediation?

Daniel Rainey

I’ll describe the process we’ve used and report on the status of the Universal Disclosure Protocol for Mediation (UDPM), but first let me address the fundamental question that prompted us to begin work in the first place: why do we need a universal protocol for disclosure in mediation?

Ron Supancic

Ronald Melin Supancic - A Memorial

Ron Supancic

Each breath we breathe is an invitation to live more fully, more consciously, more attentive, and more aware.

Jim Melamed

Paths Forward for Online Mediation - 8 Primary Recommendations

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:

Jim Melamed

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

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.

Clare Fowler

Paths Forward for Online Mediation - Index of Resources

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.

Forrest (Woody) Mosten

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

Forrest (Woody) Mosten, Jim Melamed

Here are Committee Reports, Recommendations and Resources from the Mediate.com Online Mediation Task Force Final Report.

Sneha Vardhani

What Challenges Should the Proposed Mediation Act of India Address?

Sneha Vardhani

Recently, the Supreme Court of India, admitting that there is ‘a dire need to enact Indian Mediation Act..’ created a Committee to draft a separate legislation for administration of mediation proceedings across the country.

Kenneth Cloke

The Limits of Mediation

Kenneth Cloke

It is difficult to understand anything fully until we recognize its limits -- the places where it falls apart, or miraculously comes together -- where it begins and ends, or transforms into something entirely different.

Antoinette Raheem

Negotiation Tactics: How They Work and How to Protect Yourself and Your Client from Them

Antoinette Raheem

Why talk about negotiation tactics, manipulative moves designed to slant an outcome in one side’s favor more than the other, based on “tricks” or gamesmanship versus merit?

Kenneth Cloke

Mediation and the Language and Culture of Politics

Kenneth Cloke

One of the principal difficulties with political conflicts is that, in addition to disagreements over ideas, facts, proposals, beliefs, and values, there are significant differences in the languages we use to describe ourselves, our opponents, and the issues that divide us; as well as in the disparate cultural norms, expectations, myths, assumptions, and ways we attribute meaning to political ideas and assertions.

Patrick Mastronardo

The Civil Rights Act of 1964: The Right to Bilingual Mediation

Patrick Mastronardo

Providing Florida LEP Individuals Meaningful Access to Mediation: Bilingual Mediator Guidance on Standards of Conduct.

Cinnie Noble

Eating Our Words

Cinnie Noble

Adlai Stevenson once said, “Man does not live by words alone, despite the fact that sometimes he has to eat them.”

Rebekah Ratliff

[Podcast] Where Does the Insurance Industry Sit Now on Racial Issues?

Rebekah Ratliff

In a recent episode of Insurance Business Talk, JAMS neutral Rebekah Ratliff speaks with host Paul Lucas on her experience as a Black woman in the insurance industry and where the industry is now in terms of issues relating to gender and race.

Judith Cohen

ADA Mediation Refresher

Judith Cohen

I think it might be time for a refresher on ADA Mediation, * a topic I have written and trained on frequently – but not for a while now.

Tara Ollapally

Mediation Development in India

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.

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