Civil Mediation Articles
(10/03/17)Sam ImperatiAlthough 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.
(9/10/17)L. Randolph LowryThis 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.
(8/25/17)Beth GrahamIn his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.
(8/18/17)Steven PlattThis 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”.
(8/08/17)Joy RosenthalYour wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.
(7/28/17)John FiskeBy now, in 2017, divorce law has become clear and often even predictable.
(7/28/17)Michael A. Zeytoonian“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
(7/20/17)Jeff KichavenThe 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.
(7/14/17)John LandeThis is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.
(7/12/17)Kenneth ClokeThis 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.
(6/23/17)Michael A. ZeytoonianIn 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.
(6/23/17)Beth GrahamAlthough 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.
(6/18/17)Carrie J. Menkel-MeadowThis 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.
(6/16/17)Michael LeathesMichael Leathes has written a book on negotiation that is aimed at corporate counsel.
(6/14/17)Laurie IsraelMarriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.
(6/13/17)Jim MelamedAccording to Alexa.com, Mediate.com is most visited and most linked mediation website.
(5/22/17)Jan Frankel SchauStudies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.
(5/16/17)Robert BenjaminMost novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.
(4/28/17)Elaine RushingAn “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
(4/27/17)Jim MelamedAt 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.
(4/21/17)Dan SimonIt’s entirely understandable that retired judges and experienced litigators would want to work as mediators.
(4/20/17)Michael LewisThis is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com’s ‘ Views from the Eye of the Storm’ Series.
(4/12/17)James J. AlfiniThis 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.
(4/12/17)David A. HoffmanThis is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com’s ‘Views from the Eye of the Storm’ Video Series.
(4/07/17)Mediate.comNow celebrating our 22nd Year, Mediate.com has been recognized as a “Top 8” Attorney Directory by Rankings.io. Mediate.com is the overall 8th ranked attorney directory and the only mediation or ADR directory listed!