Civil Mediation Articles
As a freshly minted lawyer, I came to a realization within a few months of joining the workforce - my very expensive university education prepared me for only half the battle.
The Ninth U.S. Court of Appeals ruled this week that arbitrators are required to disclose their ownership interests in the organizations they are affiliated with and the organizations’ business dealings with the arbitration parties.
The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour.
California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases.
California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.
Is one of the problems with mandatory minimums is that they make police misconduct more difficult to manage?
Dramatic changes are coming to family mediation programs and practices in the U.S. In the court context, The National Center for State Courts (NCSC) and the Pew Charitable Trusts (Pew) are now leading the way to expand online access to justice, including online dispute resolution (ODR).
This is a new interview of Bruce Edwards by Mediate.com's Managing Editor, Dr. Clare Fowler. Mr. Edwards discusses the growth in the field of mediation generally and the growth of mediation in India specifically.
What characteristics do you think are shared by quality court ADR programs? I took a swing at a list here. What would you add? Change?
US Appeals Court in “Manifest Disregard” Claim Instructs Arbitrator to Clarify “Irreconcilable Determinations”
I draw to your attention an interesting recent approach from the U.S. Court of Appeals for the Second Circuit towards an argument that an arbitration award should be set aside for manifest disregard of the law.
Indian courts are now coming to favor mediation for the long run.
This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.
Every society, every community, every culture has some or the other form/s of resolving the disputes faced by their constituents. Often, the longer and more prosperous the lineage, the more refined and varied the mechanisms.
What can you do if you think your case cannot be resolved by mediation?
The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.
The most valuable lesson I learned from the book, and the teacher, was the importance of power in any discussion.
On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.
Being a mediator brings surprises along the way. It is remarkable that, after years of waiting for Scotland to pick up the mediation baton, we now have two important initiatives underway.
I have said this before and will say it again: talking to the other party does wonders.
Child custody is often the most contentious aspect of divorce proceedings.
I argue that mediators are well advised to be mindful of the distinction between appearance and reality.
According to brand new 5/22/19 data from Alexa.com, Mediate.com is most visited and most linked mediation website, by far!
The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.
In this short article, I will discuss a common dispute that I experience as a neutral mediator assigned to resolve the dispute, which is the disagreement between the contractor and client over the project.