Civil Mediation Section
Civil Mediation Articles
A Better Understanding of Premarital Mediation
This article discusses important conversations to have before a marriage to prevent conflict.
The Ethics of NDAs in Mediation and Arbitration
This video and article look at important NDA questions for dispute resolution professionals to consider.
“My Story” Featuring Hon. Randa M. Trapp (Ret.)
Judge Trapp joined JAMS after serving 18 years on the San Diego Superior Court, including 10 years in the civil division, where she presided over all aspects of civil litigation.
Previews of 2022: The Past, Present, and Future of (A)DR in England and Wales
For years jurisdictions around the world have embraced Cloud-based platforms to deliver Court services and ADR solutions. Meanwhile those of us in England and Wales (E&W) have looked on seeming helpless as initiative after initiative in the UK failed to deliver the benefits of that stalwart of 20th century technology: e-filing.
Personal Histories in Conflict Resolution Interview Series: Ian Macduff
Professor Ian Macduff's interview as part of the Personal Histories in Conflict Resolution interview series offered by Mediate.com.
Fundamental Attribution Error as a Contribution in Motor Vehicle Accidents
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
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
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
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
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
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
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
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?
Conflict Coaching, Conflict Consulting, Counseling or Mediation, what is the difference?
Charting a Middle Course for Court-Connected Mediation
I wrote this article growing out of the lively discussion in a program on fairness.
Certainty Does Not Equate to Accuracy!
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
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
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
"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!
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
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
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
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
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
JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.