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John Lande

Asynchronous Instruction in this Year of Living Dangerously

(10/16/20)John Lande

Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic.

Talking It Out- The Problem With, And In Rural Areas

(9/28/20)Aavieral Malik

It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.

Francois Bogacz

Impact of Couple Conflict and Mediation on How Romantic Partners are Seen: An fMRI study

(9/28/20)Francois Bogacz

This article illustrates that mediation improves conflict resolution and is associated with increased activity in the nucleus accumbens, a key region in the brain's reward circuitry.

Amy Robertson

Do You Have to be a Lawyer to Draft a Separation Agreement?

(9/28/20)Amy Robertson

Do you have to be an attorney to be a divorce mediator? The short answer is no. The long answer is important to unpack though.

Amy Robertson

How to Choose a Divorce Mediator

(9/14/20)Amy Robertson

Mediator fit is really important.

Roseann Vanella

Breaking Up Doesn’t Have to Mean Going Broke

(9/04/20)Roseann Vanella

Why an uncontested divorce makes sense for high net worth couples.

Mary Salisbury

The Importance of Accurately Attributing Gains on Separate Property in Divorce

(9/04/20)Mary Salisbury

Let’s take a simple example to show why a back of the envelope calculation could provide a completely inaccurate picture of the value of the marital vs separate portions of a joint account.

Kayla Matthews

Employee Contracts Are Becoming Complicated Amid COVID-19

(8/29/20)Kayla Matthews

Employee contracts, which were rarely straightforward before the pandemic, are particularly complicated now.

Phyllis Pollack

How is Your Attitude? It makes a difference!

(8/21/20)Phyllis Pollack

There is a saying among mediators: often at the start of a mediation, the mediator is the only optimistic person in the room. She is the only one who believes the matter will settle.

Dan Simon

Mediator’s Thoughts for Parents During the Pandemic

(8/21/20)Dan Simon

Divorce or separation is a big challenge in itself.

David Ross

From Eye-Rolls to Grimaces: Understanding Body Language in Virtual Mediations

(8/21/20)David Ross

Today’s post explores the role of body language in virtual or remote mediations, where mediators see participants in a box and on a screen as opposed to in a chair and in person.

Lucia Kanter St. Amour

The Handshake: A Eulogy

(8/14/20)Lucia Kanter St. Amour

Now How Do We “seal the deal”?

Chinwe Egbunike-Umegbolu

The Enugu State Multi-Door Courthouse (ESMDC)

(8/07/20)Chinwe Egbunike-Umegbolu

The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.

Sarathi Susheela

Navigating the Listening in Mediation

(8/07/20)Sarathi Susheela

“When there is a patient listener, the speaker starts listening to the speaker within the speaker.”

Gabriela Szlak

If a Crime is Admitted, What Then?

(7/31/20)Rich Smukler, Gabriela Szlak

If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?

Judy Rashid

Change Power is in the Process: When Listening is Not Enough

(7/17/20)Judy Rashid

Since the untimely and senseless killing of George Floyd in Minneapolis on May 25, 2020, the response from many organizations, places of work, and corporations have been to hold listening sessions specifically for African Americans to “share their story” with their peers.

Charlie Young

Online Dispute Resolution: You Can Do This!

(7/17/20)Charlie Young, Bob Wright

Aspects of ODR have been with us in one form another for decades.

Forrest (Woody) Mosten

Use Mediators and Police as Conflict Resolution Partners

(7/16/20)Forrest (Woody) Mosten

In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.

John Lande

BATNA’S Got to Go

(7/03/20)John Lande

In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.

John Lande

Kristen Blankley: New Opportunities for Pro Bono in a Pandemic

(6/26/20)John Lande

COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others.

Vittorio Indovina

Mediation in the Legal Culture of Italian Lawyers: Some Data from an Empirical Study

(6/26/20)Vittorio Indovina

In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.

Lenton Aikins

George Floyd: A Call to White Leadership

(6/20/20)Lenton Aikins

The purpose of this brief article is to respond to the article titled “George Floyd: What Leaders Need To Do Now,”published in Mediate.com and to offer some comments by a living black man whose paternal grandfather and grandmother were slaves.

Phyllis Pollack

Addressing Ethical Issues in Online Mediations

(6/19/20)Phyllis Pollack

Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues.

Chinwe Egbunike-Umegbolu

Behind the Legal Frustration

(6/19/20)Chinwe Egbunike-Umegbolu

This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question relating to the effectiveness of arbitration in comparison to litigation.

Vanessa Rose

Avoiding the Need for Workplace Dispute Resolution

(6/19/20)Vanessa Rose

Conflict arises in most workplaces at one point or another, but companies who take time to address the unmet needs of their employees may find that they have an easier time preventing or managing conflict overall.

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