Mediation is essentially a dispute resolution method; and an ancient institution throughout the history of mankind that is traditionally recognized in almost all societies.

In the UK, disputes in the construction industry are rarely resolved through conciliation, with parties preferring recourse to adjudication, mediation, litigation or arbitration. However, a recent Australian case highlights that in other jurisdictions, the idea of conciliation is more prevalent.

A podcast from JAMS featuring Hon. Rebecca Westerfield (Ret.) and Scott J. Silverman (Retired Judge, Eleventh Judicial Circuit) on their experiences in virtual alternative dispute resolution (ADR) and their views on the future of the industry

Mediation is not used as often as it should be to resolve international patent litigation. 

Why it’s more urgent than ever we have a conversation about mediation ethics.

Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement.

The consistent focus by the state and federal judicial systems on alternative dispute resolution processes has made mediation an essential element of the civil trial process. 

The Convention defines mediation as a process where disputing parties seek to reach an amicable settlement with a third party’s assistance that does not have authority to impose a solution.

A mediator understands the differing perspectives of parties without judging, explores their underlying interests, allows them to vent their feelings.

Mediation is an out-of-court process that allows you and the other party to discuss various aspects of your divorce and generate an agreement that reflects both of your wishes.