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Sheldon Stark

What “The Blind Men and the Elephant” Can Teach Us About Perspective at the Mediation Table

(8/03/17)Sheldon Stark

Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy.

Richard Custin

Peacemaking, Justice, Restoration, and Forgiveness

(7/21/17)Richard Custin

We often talk about peacemaking while neglecting to address the ultimate goal of justice, restoration and forgiveness.

Dealing With Bad Connections, Inside-Out and Outside-In

(7/14/17)Gracious Timothy, Tanima Tandon

In our respective professional lives, each of us have had a fair experience of the approach that advocates have towards in-house counsels and vice-versa.

Peter Huang

California Supreme Court Sets Up Showdown at U.S. Supreme Court over Arbitration Agreements

(7/06/17)Peter Huang

This article analyzes an important recent California case related to arbitration agreements and waivers.

Bruce Edwards

Chasing Dinosaurs

(5/26/17)Bruce Edwards

When I first began a career in mediation, almost thirty years ago, we often needed to convince others of the benefits of mediation.

Tom Stipanowich

Interview with Thomas Stipanowich

(5/15/17)Tom Stipanowich

This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Justin Kelsey

3 Things that Mediation is NOT

(4/21/17)Justin Kelsey

Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you.

Michael A. Zeytoonian

Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation

(11/04/16)Michael A. Zeytoonian

We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs.

Arthur Rosenbloom

Mediating Valuation Disputes In Minority Oppression Litigation

(11/03/16)Arthur Rosenbloom

This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.

Sheldon Stark

Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters--Book Review

(9/09/16)Sheldon Stark

This book is a collection of previously published essays by two outstanding lawyers, one of whom is a well respected arbitrator, who practice labor and employment law in Michigan. The essays - witty, thought provoking and insightful - are drawn from experience in the trenches. They address lawyering, brief writing, mediation and arbitration, civility, persuasion, life, and MORE!

Claudia Maffettone

Principles and Practices of Peace and Conflict Resolution in Islam. The Case of Morocco.

(8/19/16)Claudia Maffettone

In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva

The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.

Dixon Dern

Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?

(7/15/16)Dixon Dern

I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.

Esther Gomez Jimenez

Mediacion Online Una Realidad del Siglo XXI

(7/01/16)Esther Gomez Jimenez

El impacto de las nuevas tecnologías y en particular el uso de Internet han hecho posible el establecimiento de nuevos métodos para la resolución de los conflictos, y es aquí donde entra en juego la Mediación, pudiéndose la misma desarrollar por este medio.

Michael Toebe

How to Better Solve Your Consumer Disputes

(6/06/16)Michael Toebe

When consumer disputes evolve, the perception and at times, reality is it's a push-resistance equation. Emotions escalate. Judgments, yet not resolution, rule.

Richard Chernick

Witnesses in Arbitration – Federal Arbitration Act

(3/11/16)Richard Chernick

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable).

The Minefield of Fee Disputes – It’s Not Just About Fees

(2/12/16)Malcolm Sher, Jobi Halper

Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.

Tom Stipanowich

The International Evolution of Mediation: A Call for Dialogue and Deliberation

(2/05/16)Tom Stipanowich

Much has been written about the global development of mediation, but more should be said about the important questions that should be confronted by practitioners, policymakers and users.

Greg Rooney

The Australian Experience of Pre-Litigation ADR Requirements

(1/22/16)Greg Rooney

Mediation is now well-established in Australia particularly in the commercial jurisdictions of the states and territories. However it is still viewed as an unwelcome visitor by many in the legal profession and the judiciary.

Alexis Martinez

Arbitration in Africa: Past, Present, and Future

(1/15/16)Alexis Martinez

This article asks: Why a continent, considered by many to have been the springboard for the unprecedented modern growth in arbitration in Europe and Asia recently went through a significant increase in the number of international arbitrations?

In Support of Arbitration

(1/08/16)Brian Jerome, Jeffrey Stern

This article reflects on the current and timely issue of hidden arbitration clauses in contracts, and a rebuttal to the recent NY Times article series which was extremely partisan and put arbitration and arbitrators in a very poor light. The article more accurately positions arbitration as an important and helpful alternative to litigation.

Richard Birke

Federal Arbitration Case Update: The Powers that Be

(11/09/15)Richard Birke

Following are two interesting and recent federal court rulings related to arbitration.

Lorraine Brennan

Deflategate: A Win for Arbitration

(10/12/15)Lorraine Brennan

The “Deflategate scandal,” in which the New England Patriots and their star quarterback, Tom Brady, were accused of deflating footballs was a very hot topic among American football enthusiasts. It has also become a case study on how the arbitration process worked properly.

Arthad Kurlekar

“Perversion of Law” in Chinese Criminal Law – An Indiscriminate Legal Weapon Against Arbitrators

(9/12/15)Arthad Kurlekar

Article 399A included in the Criminal Law of People’s Republic of China, provides for criminal liability to arbitrators for “perversion of law” (Wangfa Zhongcai Zui). The provision has been a Part of the Criminal Law since 2006. However, on 24 June 2015, the Supreme People’s Court (‘SPC’) and the Supreme People’s Procuratorate (SPP) of China have undertaken the task of interpreting Article 399A (Further information about the process may be found here).

John Sturrock

Keep Mediation and Arbitration Separate?

(9/04/15)John Sturrock

One topic which stimulated some forthright conversation recently was the use of hybrids whereby a mediator takes on the role of arbitrator if the matter does not resolve by mediation. In particular, we discussed the transition from mediator to arbitrator with the consent of the parties.

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