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Mark Baer

Start Protecting The Public Before Raising State Bar Fees

(4/13/18)Mark Baer

The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.

Bruce Edwards

Why Ego Management is Key to Effective Mediation

(3/16/18)Bruce Edwards

In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers

Shirli Kirschner

Dispute Management Plans and ADR

(3/09/18)Shirli Kirschner

Three myths relevant to Dispute Management Plans (DMPs) exist.

Beth Graham

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

(3/02/18)Beth Graham

The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.

Shirli Kirschner

Court-based Dispute Resolution

(2/16/18)Shirli Kirschner

Adapted from Prof Tania Sourdin, Alternative Dispute Resolution, 5th ed, 2016, Thomson Reuters. ADRAC gratefully acknowledges the authorship of Professor Sourdin, who kindly prepared this paper.

Meredith Richardson

What Does the 2017 Tax Law Mean for Divorcing Couples?

(2/02/18)Meredith Richardson

I sat down with Jill Boynton of Cornerstone Financial Planning to find out how this law will effect divorcing couples.

Sherrill Ellsworth

Ask the Judge - Do I need an Attorney's Help to Create a Parenting Plan?

(2/02/18)Sherrill Ellsworth

As long as you and your coParent are committed to working together to create a Parenting Plan that’s best for your children, there is no need for extra costs.

Shirli Kirschner

Criminal Justice and ADR

(1/26/18)Shirli Kirschner

What does ADR mean in the criminal justice context?

Chris Poole

In Memoriam: CPR Chairman Emeritus Charles Renfrew

(1/19/18)Chris Poole

The International Institute for Conflict Prevention and Dispute Resolution mourns the loss of Chairman Emeritus Charles B. Renfrew (pictured above), who died in San Francisco on Dec. 14 at age 89.

Joe Markowitz

Objections to Joint Sessions

(1/12/18)Joe Markowitz

“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties.

F. Peter Phillips

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

(1/05/18)F. Peter Phillips

This article discusses the decision holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.

John Lande

Letter to Kelly

(12/29/17)John Lande

This article is a letter of advice to someone who is starting law school.

John Ford

Conflict Audit: How Much Is Conflict Costing Your Organization?

(12/01/17)John Ford

Finally discover how to quantify the direct and hidden Costs of Conflict.

Elena Gurevich

Roundup: Legislation with Mediation or Arbitration…Maybe for the future?

(11/17/17)Elena Gurevich

Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.

Phyllis Pollack

I Apologize For Suggesting It !

(11/10/17)Phyllis Pollack

Mediations and their participants never cease to amaze me.

Jennifer Shack

Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options

(11/10/17)Jennifer Shack

Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.

Shirli Kirschner

ADR in the Regulation of Aged Care

(11/06/17)Shirli Kirschner

The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.

Joe Markowitz

Bidding Against Yourself

(10/27/17)Joe Markowitz

I had a chance to hear William Ury, best-known as co-author of Getting to Yes, speak this weekend at the SCMA fall conference. One of the things he talked about was seeing yourself as your own worst enemy in a negotiation.

Joe Markowitz

From Litigation to Conflict Resolution

(10/06/17)Joe Markowitz

“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.

Bernard Morrow

How Does Your Mediator Add Value?

(9/29/17)Bernard Morrow

Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.

Phyllis Pollack

Why You Should Avoid Trial and Mediate Instead!

(9/22/17)Phyllis Pollack

We all have cognitive biases.

Bernard Morrow

Joint Session: A Tale of Two Mediations

(9/14/17)Bernard Morrow

I share a tale of two wrongful dismissal mediations conducted weeks’ apart.

Richard Posell

How ADR Can Help Keep Confidential Agreements Confidential

(9/08/17)Richard Posell

The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.

John Lande

Dealing with Causes as Well as Symptoms of Law Students' and Lawyers' Lack of Well-Being

(8/25/17)John Lande

The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.

Shirli Kirschner

Access to Justice and ADR

(8/18/17)Shirli Kirschner

A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.

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