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Civil Mediation Articles

Civil Mediation Articles


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

(5/22/17)Jan Frankel Schau

Studies 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 Benjamin

Most 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.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(5/04/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

Best Practices for Managing Wills Between Family Members

(4/28/17)Elaine Rushing

An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.

BBB Complaints Against Mediation.com

(4/27/17)Jim Melamed

At 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.

Litigation–Style Mediation Has Got to Go

(4/21/17)Dan Simon

It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.

Interview with Michael Lewis

(4/20/17)Michael Lewis

This 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.

Interview with James Alfini

(4/12/17)James J. Alfini

This 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.

Interview with David Hoffman

(4/12/17)David A. Hoffman

This 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.

Mediate.com Recognized as a Top Attorney Directory for SEO!

(4/07/17)Mediate.com

Now 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!

Interview with Frank Sander

(4/06/17)Frank Sander

This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

Traits of a 'Mediator'

(4/05/17)Sam Imperati

Although 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.

Divorce Lawyers: 5 Little Known Things You Need To Know

(4/03/17)Vicki Shemin

There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.

Drafting Arbitration Clauses in Construction Contracts

(4/03/17)Patricia Thompson

Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.

Interview with Steve Erickson

(3/25/17)Stephen Erickson

This is the complete interview by Robert Benjamin with Stephen Erickson, one of the founders of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

Whose Privilege Is it Anyway?

(3/10/17)Michael Diliberto

This article discusses which privilege law governs in the context of enforcing a settlement agreement when both federal and state law claims are involved.

Reflecting on RSI Focus Groups in Washington, DC

(3/03/17)Susan Yates

My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.

Interview with Ken Cloke

(2/12/17)Kenneth Cloke

This 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.

Revised ICC International Court of Arbitration Rules Become Effective March 1st

(2/10/17)Beth Graham

On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.

Bully Mediation

(2/03/17)Jan Frankel Schau

It is my observation that the bully approach is not effective in mediation, although it may be in court.

Embracing Impasse

(2/03/17)Denise Peterson

This article addresses three common impasses which can become future wins when mediators frame the discussion.

Interview with Margaret Shaw

(2/02/17)Margaret Shaw

This is the complete interview by Robert Benjamin with New York based JAMS mediator Margaret Shaw filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.

Interview with Homer LaRue

(1/18/17)Homer LaRue

This is the complete interview by Robert Benjamin with Homer LaRue filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Interview with Marvin Johnson

(1/11/17)Marvin E. Johnson

This is the complete interview by Robert Benjamin with Marvin Johnson, a national leader in the field of dispute resolution generally and on issues of elevating diversity in the ADR field, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Empirical Findings on International Arbitration: An Overview

(1/06/17)Beth Graham

In his book chapter entitled “Empirical Findings on International Arbitration: An Overview,” Professor Drahozal provides a survey of qualitative empirical research and literature related to international arbitration.

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