Civil Mediation Articles

Civil Mediation Articles


Fundamental Attribution Error as a Contribution in Motor Vehicle Accidents

(11/22/21)Bruce Ally

In our time pressured society in North America, most people feel that they are on a treadmill running as quickly as they can to keep up with the demands placed on them.

Personal Histories in Conflict Resolution Interview Series: Andrea Schneider

(11/16/21)Andrea Schneider, Colin Rule

From the Mediate.com interview series -- a conversation with Andrea Schneider about her chapter in the book Evolution of a Field: Personal Histories in Conflict Resolution.

How to Work Effectively with Your In-House Counsel

(11/16/21)Caryn Cridland, Mylene Chan

During the 2021 CPR International Conference, held online Oct. 6-7, CPR’s Young Leaders in Alternative Dispute Resolution Steering Committee presented “How to Work Effectively with Your In-House Counsel.”

Court Ordered Mediation and Informed Consent

(10/22/21)Phyllis Pollack

Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination."

The New Plan for the Academy of Court-Appointed Masters

(10/01/21)Merrill Hirsh

Helping People Become Special Masters and Special Masters Assist the Administration of Justice: The New Plan for the Academy of Court-Appointed Masters.

Don’t Chalk My Tires, Or Why Mediation is Not Appropriate

(9/13/21)Phyllis Pollack

This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.

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.

Mediation and Lawyers

(7/24/21)Oran Kaufman

A common question at my initial free consultation with clients is, “Will I need to have a lawyer?” or, “Am I going to have to hire a lawyer?”

Who Should You Call When in Conflict?

(7/21/21)Janet Chance

Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?

Charting a Middle Course for Court-Connected Mediation

(7/06/21)John Lande

I wrote this article growing out of the lively discussion in a program on fairness.

Certainty Does Not Equate to Accuracy!

(7/06/21)Phyllis Pollack

In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings.

Q&A Highlights Importance of RSI/UC Davis Research on Procedural Justice in ODR

(7/02/21)Susan Yates

RSI’s Director of Research, Jennifer Shack, and Professor Shestowsky are working with the Pew Charitable Trusts to evaluate online platforms that courts are using to assist parties in engaging in mediation and negotiation.

Retaining Your Assets in Divorce

(7/02/21)Denise French

After years of working with those going through divorce, we have found individuals with two factors really thrive during divorce.

City Commissioner Commends ISCT Staff Member for Work on Police Reform Initiative

(6/11/21)Lydia Vanderkaay, Dan Simon

"I know much of our work is done privately in mediation rooms or with groups and we rarely get this level of public acknowledgement so I thought it was important to share!"

“Noise” is not Bias!

(6/04/21)Phyllis Pollack

I learned a new term recently: noise. Not “noise” as in a room full of people talking loudly, but “noise” as opposed to “bias”.

A Mediator’s Guide to Claims Reserves in the Insurance Industry

(6/04/21)David Brown

Mediators may encounter a reluctance to settle by one or both parties during the course of a mediation session, but understanding the underlying realities of each party’s position may help break logjams.

Mediation and Access to Justice for All: The Case of Unrepresented Parties

(5/16/21)Bongkiyi John Paul

Legal systems around the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.

Mediate is Top Ranked Mediation Website

(4/15/21)Colin Rule

Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.

Announcing the Launch of the New and Improved Arbitrate.com

(3/09/21)Amy Schmitz, Colin Rule

After many months of work, we are very proud to announce the launch of a new Arbitrate.com site, sporting a sleek design and a powerful set of updated features and capabilities. Please consider joining Arbitrate.com and sign up for our free Arbitration Today newsletter.

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

(2/26/21)Richard Birke

JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.

CEDR’s Eileen Carroll: Her Mediation Story

(2/26/21)Antranik Chekemian

F. Peter Phillips, director of New York Law School’s Alternative Dispute Resolution Skills Program, welcomed an online audience earlier this month as part of the program’s long-running lunchtime speaker series for a session with veteran U.K. mediator Eileen Carroll.

Code of Civil Procedure Section 664.6 Is Now Lawyer-Friendly

(1/22/21)Michael Diliberto

Most settlement agreements provide that the entire action shall be dismissed and the court shall retain jurisdiction under Code of Civil Procedure Section 664.6 to enforce the settlement terms.

The Vanishing Jury Trial and Other Important Lessons for Mediators

(1/22/21)Bruce Edwards

The article helps demonstrate the widespread acceptance of ADR, and mediation in particular, in the legal profession.

Beyond Civil Rights: The Case for Enforcement of Harassment Laws as a Means to Deter Racially Based Confrontations

(1/22/21)James Ware

As a JAMS mediator, I believe that one of the best ways to assist parties to resolve a dispute is to educate them about the risks they run in continuing the confrontation.

Should Employment Matters with Religious Connotations be Dealt with in Court or by Mediations?

(12/07/20)Ariel Kirzner, Bruce Ally

This article focuses on a specialized class of employment law and human rights issues where there an overlap exists between matters of creed or religion and the legal relationship. In heterogeneous societies, people will disagree, sometimes passionately and fundamentally, over socio-politics, economics, spirituality and other beliefs and conduct.

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