Find a Mediating Lawyer
Blogs

F. Peter Phillips

Supremes Grant Cert on NLRB Challenge to Class Waiver

(1/20/17)F. Peter Phillips

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.

Sabine Walsh

New Year’s Resolutions for Mediators

(1/06/17)Sabine Walsh

This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them.

Stephen McDonough

Family Business Mediation: Solving Legal Issues Without Going to Court

(1/03/17)Stephen McDonough

Mediation is often considered an excellent means of conflict resolution for personal or family disputes, but the benefits of mediation extend to more than just familial problems.

Lorraine Segal

The Truth about Pirate Jenny –why revenge doesn’t solve workplace resentments

(12/23/16)Lorraine Segal

This article discusses why revenge doesn’t solve workplace resentments.

Geoff Sharp

A New Seat at the Mediation Table? The Impact of Third-Party Funding on the Mediation Process

(12/09/16)Geoff Sharp

Third party funding (TPF) of claims has been around for quite some time. Historically however, some jurisdictions have prohibited a stranger to a lawsuit financing the claim of another in return for a share of the spoils.

Phyllis Pollack

Exception to Mediation Confidentiality: Moving Forward

(12/09/16)Phyllis Pollack

On December 1, 2016, The California Law Revision Commission (“CLRC”) met once again to discuss its Study K-402-Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct.

Ian MacDuff

Lost for Words

(11/04/16)Ian MacDuff

A few recent observations prompt this blog about language and the world of words that we work with in mediation.

Maria Simpson

Cross Disciplinary Approach to Conflict Resolution

(10/28/16)Maria Simpson

Not only can the skills of mediation be applied to many different situations, but mediation can be influenced by other areas of study as well.

Katherine Graham

Where Mediation is Used, Other than the Workplace

(10/28/16)Katherine Graham

Training to be a mediator is very popular particularly for people who have been made redundant and are looking for alternative stimulating and rewarding employment. And quite right too because being a mediator is deeply satisfying work!

Patricia Porter

How And Why To Avoid Political Talk At Work

(10/21/16)Patricia Porter

Are you sick of people discussing politics at work? Or are you one of those folks who can’t seem to stop talking about the candidates?

Ariel Belen

Diversity and Mediation

(10/21/16)Ariel Belen

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties valued in the tens of millions of dollars.

Mediation: Duels to Handshakes

(10/14/16)Daniel Ben-Zvi, Caroline Vincent

Walk into a mediation and you walk into a world of possibilities. Lawyers need to leave their weapons at the door and be open to opportunities that can arise in mediation.

Chris Poole

An Emerging Structure of ADR in Mass Torts and MDLs

(10/14/16)Chris Poole

The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category among all classifications.

John Lande

Lainey Feingold's Book on Structured Negotiation

(10/03/16)John Lande

I recently had a chance to talk with Lainey Feingold, the author of a great new book on negotiation, which she describes below.

Jan Frankel Schau

Money and Happiness: How Mediation can change your client’s outlook

(9/23/16)Jan Frankel Schau

It seems to me that if the mediator can symbolically suggest that within 30 days, the individual would have $XXXXX in their bank account to do with whatever they wish, including merely keeping it in there as a “safety” precaution if times get rough, we might go a long way towards boosting their happiness quotient.

F. Peter Phillips

New York’s Global Pound Conference

(9/16/16)F. Peter Phillips

A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.

John Lande

Training Law Students to be Leaders

(9/09/16)John Lande

The Ohio State program teaches students about lawyers’ service as leaders in various ways in their work in addition to lawyers’ generally-recognized leadership roles in civic society, including public service, outside their day jobs.

Lester Levy

Resolving Complex Environmental Disputes

(9/09/16)Lester Levy

This article discusses early cooperation between parties and insurers in resolving complex environmental disputes. It summarizes strategies that recently succeeded in a six-way dispute over the costs of investigating and remediating an extended plume of PCP groundwater contamination.

Phyllis Pollack

Where We Stand on Mediation Confidentiality, Both in California since the Cassel decision and in the Ninth Circuit

(8/26/16)Phyllis Pollack

During the past year, there have been two interesting developments regarding mediation confidentiality.

Michael P. Carbone

The Convening and Other First Steps

(7/29/16)Michael P. Carbone

It's that time. You've just returned to your office from a case management conference.

Jeff Thompson

Hostage Negotiations: There are no simple answers, just harsh dilemmas

(7/15/16)Jeff Thompson

Canada does not pay ransom to terrorist kidnappers. It only feeds their appetites. The best way to fight this wave of violence is to say no.

Beth Graham

Dallas COA Compels Arbitration in Injured Nurse’s Lawsuit Against Former Employer

(7/15/16)Beth Graham

Texas’ Fifth District Court of Appeals in Dallas has ordered an injured nurse’s lawsuit filed against his former employer to arbitration.

John Lande

Will Gretchen Carlson's Case Against Roger Ailes Go Through the Courts Because of Sloppy Drafting?

(7/11/16)John Lande

You may have heard about the lawsuit that Gretchen Carlson filed against Roger Ailes.

Katherine Graham

After the Referendum, Has ‘Reasonable Behaviour’ Changed?

(7/01/16)Katherine Graham

So one measure of assessment in a grievance or disciplinary investigation is whether the behaviour fell below the standards of the ‘ordinary reasonable person’ in the same situation – the famous ‘man on the Clapham Omnibus’.

F. Peter Phillips

David Hoffman Inspires Us Again

(6/27/16)F. Peter Phillips

David Hoffman‘s capacity to lead by inspiration is unparalleled. When you attend a program or lecture by David, you feel as if he’s talking to you over a table, sharing stuff that matters to him in the hope that it will matter to you, too.

Click here for MORE ARTICLES