Civil Mediation Articles

Traits of a ‘Mediator’

(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.

Interview with Randy Lowry

(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.

Online Arbitration as a Remedy for Crowdfunding Fraud

(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.

Litigation vs ADR – Different Strokes for Different Folks

(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”.

Prenup? That’s Good News!

(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.

Bargaining in the Light of the Law: The Case of Divorce

(7/28/17)John FiskeBy now, in 2017, divorce law has become clear and often even predictable.

If You Want Your “Day in Court”, Don’t Go to Court

(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.

Introduction to the Stone Soup Project Mini-Course

(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.

Interview with Ken Cloke

(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’s ‘Views from the Eye of the Storm’ Video Series.

The Case for Early Mediation; Part II of II

(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.

DOJ Flips on Class Waivers Issue

(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.

Interview with Carrie Menkel-Meadow

(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’s ‘Views from the Eye of the Storm’ Video Series.

Michael Leathes’ New Negotiation Book – Book Review

(6/16/17)Michael LeathesMichael Leathes has written a book on negotiation that is aimed at corporate counsel.

How to Mediate a Prenuptial Agreement

(6/14/17)Laurie IsraelMarriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(6/13/17)Jim MelamedAccording to, is most visited and most linked mediation website.

If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation

(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”.

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

(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.

Best Practices for Managing Wills Between Family Members

(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.

BBB Complaints Against

(4/27/17)Jim MelamedAt, we receive multiple complaints each week about another company, These detailed reports from BBB are instructive as to how this other company operates.

Litigation–Style Mediation Has Got to Go

(4/21/17)Dan SimonIt’s entirely understandable that retired judges and experienced litigators would want to work as mediators.

Interview with Michael Lewis

(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’s ‘ Views from the Eye of the Storm’ Series.

Interview with James Alfini

(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 ‘Views from the Eye of the Storm’ Video Series.

Interview with David Hoffman

(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’s ‘Views from the Eye of the Storm’ Video Series. Recognized as a Top Attorney Directory for SEO!

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