A
Process to Regain Control of Your Life
An excellent article by Nathan Davidovich on how you can use mediation to
regain control in legal battles.
Accountants -
Mediation - Pickell
"Mediation: What's in it for Accountants," by Norman Pickell, highlights the
advantages for accountants of using mediation.
Accountants
and Mediation - Morley
"Mediation and Accountants," by Jane Morley, briefly shows accountants how
mediation can help to resolve family business disputes.
ADR -
Wide Range of Choices
"ADR - A Wide Range of Choices," by Murray Miskin, outlines the many
alternatives to court that are available to resolve disputes.
Advantages of Mediation
An article entitled "What are the Advantages of Mediation" by David
Goldberg.
All
You
Need
to
Know
About
Mediation
An
article
addressed
to
the
parties
(as
opposed
to
the
lawyers)
by
Paul
Fisher
entitled
"All
You
Need
to
Know
About
Mediation
But
Didn't
Know
To
Ask
-
A
Parachute
for
Parties
in
Litigation."
Alternatives for Resolving Disputes in Amateur Sports, Clubs and Organizations
In "From Little League to Ben Johnson: Alternatives for Resolving Sports Disputes," Graeme Mew comments on how disputes can be resolved in amateur sports, clubs and other organizations.
Alternatives to Suing
Information from Legal Line on mediation.
Benefits of Mediation - Krivis
"Benefits of Mediation: High Success Rate, Low Cost" by Jeffrey Krivis shows the benefits of using mediation instead of the courts to settle disputes, including why mediation works.
Best Way to Work It Out - Bloom
In her article "Mediation - The Best Way to Work It Out," Carol Bloom points out that mediation is the best way for businesses to resolve workplace disputes.
Business People's Guide
A Guide to Mediation and Arbitration for Business
People prepared by the American Arbitration
Association.
CAS Workers - Mediation - Pickell
"Mediation: What's in it for CAS Workers," by Norman Pickell, highlights
the advantages for CAS workers of using mediation.
Children - Mediation - Pickell
"Mediation: What's in it for Children of Parents who are Separating," by Norman
Pickell, highlights the advantages for children whose parents are separating of
using mediation.
Comparison of
Mediation, Arbitration and Court
Norman Pickell compares mediation, arbitration and court, the three
most popular methods of resolving conflict.
Couples - Mediation - Pickell
"Mediation: What's in it for Couples who are Separating or Divorcing,"
by Norman Pickell, highlights the advantages for couples who are
separating or divorcing of using mediation.
Critique of Mediation
An article by Robert Benjamin entitled "A Critique of Mediation -
Challenging Misconceptions, Assessing Risks, and Weighing the
Advantages."
Demonstration - Mediation
You can view a video which demonstrates a mock mediation session in
which 2 parties are able to use a mediator to settle their differences.
Domestic Abuse
and Family Mediation
This article entitled "What if There Has Been Domestic
Violence?" talks about the suitability of mediation in family
disputes involving separation, custody, access, divorce and other family
law issues when there has been domestic violence, domestic abuse or an
abusive relationship. The article also stresses the importance of having a
mediator who has special training in domestic violence issues and who is
able to conduct the proper screening to see if the case is appropriate for
mediation.
Family Mediation - UK
"Family Mediation - Sorting Things Out Together" provides
information on how family mediation can help, courtesy of the Lord
Chancellor's Department (which is responsible for the administration of
justice in England and Wales).
Getting to the
Mediation Table
An article entitled "Mediation: Getting
Your Client and the Other Side to the
Table".
Guide to Dispute Resolution Processes
"What You Need to Know about Dispute Resolution: The Guide to Dispute Resolution
Processes", by the Dispute Resolution Section of the American Bar Association, is designed to educate members of the public about the various dispute resolution processes.
Guide to Mediation
A brochure prepared by the American Arbitration
Association.
How
Mediation Works
An article entitled "ADR - Mediation: How It
Works".
Lawyers -
Learn to Love Family Mediation
"How Family Law Practitioners Can Stop Worrying and Learn to Love Mediation," by
Jane Morley, examines some of the negative statements that family law lawyers
make about mediation and suggests roles for family law lawyers in the mediation
process.
Lawyers - Learning to
Use Mediation
"Learning to Use the Mediation Process - A Guide for Lawyers," by Norman Brand,
helps lawyers to use mediation effectively.
Lawyers -
Mediation - Morley
"Mediation: What's in it for Lawyers?" by Jane Morley, highlights some of the
advantages for lawyers of using mediation to resolve clients' disputes.
Lawyers - Mediation - Pickell
"Mediation: What's in it for Lawyers," by Norman Pickell, highlights the
advantages for lawyers of using mediation.
Lawyers - Mediation Process - Lapin
In "The Lawyer and the Mediation Process," Michael Lapin shows how lawyers fit
into the mediation process.
Lawyers
-
What's
in
Mediation
for
Them
An
article
entitled
"Mediation:
What's
in
it
for
Litigators"
by
Paul
Fisher
on
how
lawyers
can
benefit
from
mediation.
Lawyers -
Why Choose Mediation
"Why Attorneys Choose Mediation," by Rebecca Hiers, outlines some of the
advantages for lawyers of mediation.
Lawyer's Role in Family
Mediation
This article entitled "How to Represent Parties Who Choose Private
Divorce Mediation" by Michael Becker helps to educate both lawyers and
clients on the role that lawyers have in family mediation cases.
Litigate or Mediate - Krikorian
"Litigate of Mediate? Mediation as an Alternative to Lawsuits," by Adrienne Krikorian, points out the advantages of mediation instead of going to court.
Mediate, Don't Litigate
"Mediate, Don't Litigate," by Jean Brasel, points out the advantages of using
mediation to resolve problems.
Mediation 101 - Gordon
"Mediation 101," by Richard Gordon, explains how mediation works in divorce and other family law cases.
Mediation - A Waste of Time?
In her article entitled "Is Mediation a Waste of Time?" (which appeared in the Arizona Journal of Real Estate and Business), lawyer Michelle Lind outlines why you should consider participating in mediation.
Mediation - A
Worthy Alternative
This article entitled "Mediation - A Worthy Alternative" by Maggie
Kennedy ends with the sentence "Most people who experience mediation are
amazed at the results, especially lawyers."
Mediation - What a
Mediator Does
"Mediation: Through the Eyes of the Mediator," by Robert N. Dobbins, briefly
explains what mediation is and tells you what a mediator does.
Mediation Assists Negotiation
"How to Best Aid Negotiation by Breaking Down Barriers," by Bennett Picker, explores ways in which a skilled and experienced mediator can assist parties who are trying to negotiate a settlement.
Mediation Compared to Negotiations or Court
In his article entitled "In Family Law, How is Mediation Different from a Settlement Meeting ?" Norman Pickell describes some of the advantages of using mediation instead of settlement meetings (negotiations) or going to court.
Mediation
for Parents who Separate or Divorce
The mediation portion of "A Kids' Guide to Separation and Divorce" provides
information for children aged 5 to 12 about mediation for parents who separate
or divorce, courtesy of the Ministry of the Attorney General for British
Columbia.
Mediation Guide -
B.C. Dispute Resolution Office
This Mediation Guide, published by the British Columbia Dispute Resolution
Office, provides an introduction to mediation as a process for resolving
disputes.
Mediation - One Option
Mediation is an option for separating and divorcing couples wanting to reach an agreement about such issues as custody, access, support and the division of property.
Mediation Works - Roberts
In his article "Why Mediation Works," Michael Roberts tells you just that - why mediation works!
Mediator Neutrality - Green
In her article "Mediator Neutrality: How is it Possible?" Rachel Fishman Green points out how neutrality is one of the valuable and powerful tools that a mediator has.
Mediator's Role -
Donaghy
"What is Mediation?" by Brendan Donaghy, lists some of the functions of a
mediator.
Money Only?
In "The Mediated Settlement: Is It Always Just About Money? Rarely!" Steven Schwartz concludes that most settlements are never just about money.
Muslims and Mediation
This article by Rosemarie Rucella entitled "Muslims call for Mediation
in Canadian Courtrooms," is based on an interview with Syed Mumtaz Ali, the
then-President of the Canadian Society of Muslims, and describes how mediation
gives Muslims a way to resolve conflicts between Islamic and Canadian law and to
follow the provisions of the Qur'an more closely.
Non-Adversarial
Mediation
Article by Richard Hill of Geneva, Switzerland.
Overview of Dispute
Resolution
Article by Richard Hill of Geneva, Switzerland.
Pre-Litigation
Mediation
This article entitled "Preparing for Pre-Litigation Mediation"
discusses how mediation can be used before commencing a law suit.
Preparing for Your Mediation - Sebok
In his article "Preparing for Your Mediation," Tom Sebok tells you mediation is and is not and helps you think about what you can do as a participant to give your mediation the best chance to succeed.
Reducing
Litigation Costs
An article entitled "Using Mediation to Reduce Litigation Costs".
Reluctant to Mediate
Norman Pickell recognizes that sometimes a person is hesitant to go to mediation and in his article entitled "Reluctant to Mediate" he examines some of the reasons why people are reluctant to try mediation and what can be done to overcome that reluctance.
Resolving
Disputes
Online version of the Canadian Department of Justice's booklet entitled
"Resolving Disputes: Think About Your Options," which provides
information on different ways (including mediation) to resolve your dispute
without going to court.
Saskatchewan
Justice Department Mediation Services
Branch of the Saskatchewan Department of Justice.
Seniors - Mediation - Pickell
"Mediation: What's in it for Seniors - and their Families," by Norman Pickell,
highlights the advantages for Seniors (and their families) of using mediation.
Singapore Official
Opening Speech
Speech by the Singapore Chief Justice at the Official Opening of the Singapore
Mediation Centre in 1997.
Singapore
- One Year Later
Speech by the Singapore Chief Justice at the Singapore Mediation Centre's
First Anniversary in 1998.
Ten
Rules for Resolving Conflict
General rules to follow when you have a dispute with someone.
Thank You - Krivis
This article entitled "A Simple Thank You" by Jeffrey Krivis shows how some things are more important than money in law suits and how mediation can help to reach a settlement.
When Negotiations
Break Down
This article by Gary Morgerman entitled "Construction Mediation Really
Works" shows how mediation can settle a case after intense negotiations
lasting one year failed to do so.
When to Submit to Mediation - Krivis
"Should We Submit This Case to Mediation?" by Jeffrey Krivis lists 18 questions for you to consider when you are trying to decide if you should use mediation instead of court to resolve your dispute.
Why
Mediate? -B.C.
This article entitled "Why Mediate?" is published by the
British Columbia Dispute Resolution Office and gives information on the
advantages of using mediation as a process for resolving disputes.
Why Mediate? - Saskatchewan
The Dispute Resolution Office of the Saskatchewan
Justice Department tells what mediation is, why mediation is used and when,
and what the benefits are of mediation.
WIPO Mediation and Arbitration Clauses
Here are some suggested clauses to use in contracts for the submission
of future disputes to mediation or arbitration.
You Don't Have
to Sue
An article by the Judicial Council of California which describes a number
of ways (including mediation) to resolve civil disputes without having to
sue somebody.
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