California’s AB 1523 marks a transformative shift in civil litigation by increasing the maximum value of cases eligible for mandatory mediation to £60,000 ($75,000) by 2027.

This legislative update aims to modernise the legal system by integrating alternative dispute resolution more deeply into standard court procedures while addressing decades of inflation.

To ensure these sessions are productive, the law introduces strict prerequisites, such as requiring that all discovery conflicts are settled and a trial date is already scheduled before mediation can begin.

These safeguards prevent premature negotiations and ensure that participants with genuine settlement authority are present to reach a resolution.

Ultimately, the reform seeks to reduce court backlogs and legal expenses by funneling mid-value disputes into a more structured, criteria-based mediation process. This move signals a broader trend toward making mediation a central pillar of the judicial process rather than a secondary option for litigants.

This episode explore the evolving world of dispute resolution, by moving beyond the outdated facilitative vs. evaluative mediation dichotomy.

The episode dives into the evaluative continuum, a range of techniques from subtle non-verbal cues to explicit risk analysis and "bargaining in the shadow of the law".

Discover how modern mediators use BATNA, WATNA, and MLATNA to help sophisticated parties navigate complex litigation and arbitration while maintaining party self-determination.

We also debunk common misconceptions regarding mediator standards of conduct, highlighting how rules in jurisdictions like Florida and California actually permit evaluative tools to enhance informed decision-making.

Whether you are a legal practitioner or a student, learn why the focus is shifting from rigid styles to tailored interventions that prioritise efficiency and party objectives.

In this episode, we examine the collapse of the 2025 Washington Accords between the Democratic Republic of the Congo and Rwanda through a mediation practitioner’s lens.

Despite high-level diplomacy and international guarantees, renewed violence in eastern Congo marked by the M23 takeover of Uvira reveals why elite, state-centric peace deals often fail on the ground.

We unpack the core mediation failures: exclusion of key armed actors, flawed sequencing of security commitments, weak verification and enforcement, and incentive structures that reward violence over compliance.

Drawing on real-world reporting from Reuters, AP News, the UN, and Chatham House, this episode translates a breaking peace process into practical lessons for mediators working in complex conflicts.

If you’re interested in conflict mediation, peace negotiations, spoiler management, and designing durable peace agreements, this conversation offers clear insights into how mediation must evolve to move from paper peace to real stability.

In this episode, we break down the essential dispute resolution skills every mediator and negotiator needs to master, starting with one of the most powerful tools in conflict resolution: listening.

You’ll be introduced to The Listening Triangle, a simple but transformative three-step model—ask, listen, reflect—that helps shift conversations away from past conflicts and toward present interests and future solutions. We explore how the right questions, asked at the right time, can open dialogue, surface underlying needs, and move negotiations forward.

The episode also dives into the strategic use of open-ended and closed questions, and the three levels of reflective listening: parroting, paraphrasing, and reframing. You’ll hear why reframing positions into interests is the skill that most often unlocks resolution and breaks deadlock.

We also tackle real-world challenges mediators face, including high emotions, difficult behaviors, and tense negotiation dynamics. Learn how to acknowledge emotions without taking sides, use neutral language to maintain impartiality, and de-escalate conflict while keeping conversations productive. Along the way, we share practical tips for overcoming communication barriers and using visual tools to support clarity and understanding.

Whether you’re a seasoned mediator, an emerging negotiator, or simply interested in better conflict conversations, this episode offers practical insights you can apply immediately.

Can mediation truly function as a pillar of the justice system if mediators aren’t paid? In this episode, we challenge the long-standing reliance on volunteer mediation and explore why fair compensation may be essential to the profession’s survival, credibility, and impact.

We break down how unpaid mediation creates a “market for lemons,” lowers quality standards, and accelerates mediator burnout. The discussion also examines how the high costs of training, certification, and practice exclude diverse talent and push skilled mediators toward more lucrative careers—creating a damaging brain drain within the field.

From a behavioral economics perspective, we explore why paying for mediation increases commitment, signals professionalism, and improves outcomes by giving parties real “skin in the game.” For courts, policymakers, and dispute resolution professionals, this episode makes a compelling case: if mediation is to move from an alternative option to a trusted justice institution, compensation isn’t optional—it’s foundational.

Keywords: mediation profession, paid mediation, volunteer mediation, dispute resolution, access to justice, mediator burnout, legal reform, justice system innovation

Explore the seismic shifts happening across civil and family justice systems as mediation evolves toward earlier, more routine court use, and stronger standards. This episode details the three broad trends defining the field: institutionalization, professionalization, and a focus on safety and children’s needs.

We break down the significant rule changes in North Carolina, effective January 6, 2025, which include the creation of differentiated forms for party-selected versus court-appointed mediators. These changes also remove requirements that attorneys sign mediated settlement agreements, shifting responsibility for understanding outcomes squarely onto the parties. We also discuss how the refined confidentiality rules confirm that mediation privacy is strong but not absolute, particularly when regulatory regimes or professional-conduct concerns are implicated.

In addition, we examine the AFCC 2025 Model Standards, developed with the ABA, which raise the bar for competent family mediation practice. The new standards clarify the distinction between self-determination and informed decision-making, and dedicate substantial attention to handling barriers to participation, such as domestic abuse, coercive control, and mental-health issues. The standards strengthen expectations around training, competence, and technology use, while also expanding guidance on including the child’s voice in the process.

Finally, learn how New York’s Presumptive ADR initiative is making mediation an automatic, early milestone for civil litigators in a broad range of cases, treating it as part of mainstream case management rather than an "alternative".

These developments illustrate that mediators must invest in training around areas like domestic abuse, child-inclusive practice, and technology to meet the clearer professional expectations and increased demand. Tune in to understand how court programs and new standards are defining what good practice must look like in complex cases.

Discover the five key stages of the mediation process—from pre-mediation preparation to reaching a final agreement. This episode breaks down how mediation works, why it is a voluntary and confidential alternative to litigation, and what parties can expect at each step.

Learn the purpose of the opening statements, the exploration stage where the heart of the dispute is uncovered, and the negotiation stage where options and solutions are developed. We also explain the difference between joint sessions and private caucus meetings, helping listeners understand when each format is used.

You’ll also hear how civil and commercial mediation typically follows a structured, single-session model, while family mediation often takes place across multiple shorter meetings to support ongoing dialogue.

Whether you're a practitioner, a disputing party, or a learner, this episode provides valuable insight into mediator training, professional standards, and the core principle that nothing is agreed until everything is agreed and documented.

Perfect for anyone interested in conflict resolution, mediation skills, ADR, or understanding how to navigate disputes more effectively.

Facing a neighbor tree dispute? This episode covers DC tree law and mediation strategies for homeowners and managers.

In DC, the law says the landowner where a tree’s trunk sits is the tree’s owner. Under the D.C. version of the “Massachusetts” self-help rule, neighbors may trim branches or roots encroaching over the property line (so long as the tree is not harmed). But courts make exceptions for negligence: in Dudley v. Meadowbrook Inc., DC’s court held that a landowner who negligently lets a tree become dangerous can be held responsible for a neighbor’s damage.

DC’s hazardous tree laws also protect neighbors. The law forbids allowing a known “hazardous” tree to remain on your property. After official notice, the city gives you 10 days to fix or remove the danger; if you don’t, DC may cut down the tree and charge the costs to you. Homeowners should thus actively maintain trees and heed warnings to avoid fines or lawsuits.

Instead of fighting in court, many DC residents turn to mediation. Mediation is much faster and cheaper than litigation and often yields lasting agreements. This collaborative process helps preserve neighbor relations and often ends disputes while keeping costs down.

If mediation fails, you still have remedies. You can sue a neighbor for tree damage: DC courts allow negligence claims when an owner owes a duty to maintain the tree (as held in Dudley).

Nuisance suits (for example, overhanging branches) succeed only if the encroachment causes substantial harm. And under DC law, the city can step in to remove hazardous trees and lien the owner.

Tune in for legal insights and practical advice on turning a leafy dispute into a neighborly solution!

Discover how Ombuds create safer and high-performing workplaces. This podcast explores conflict resolution, ethical leadership, and best practices for fostering trust within the organization. Whether you're an HR leader, executive, or employee, gain insights on how Ombuds services enhance workplace culture, prevent disputes, and drive organizational excellence.

In these tumultuous times, nothing is more essential than collaborative problem-solving. In this engaging book talk moderated by Tina Patterson, authors Robert Fersh and Mariah Levison delved into their forthcoming practical guidebook, "From Conflict to Convergence: Coming Together to Solve Tough Problems," grounded in decades of successful dialogue on contentious public issues.

The two experts, collaborative problem solvers, provide a sharp, hands-on guide to de-escalating conflict and constructively engaging with those with differing views to find optimal solutions. Through real-life stories and examples, this book offers a collection of proven strategies you can immediately apply to navigate your most challenging conflicts.

Listen to learn how to achieve what the authors call “higher ground,” advancing your interests even with those you think you have little in common, setting the stage for long-term cooperation. Ideal for business and organizational leaders, board members, community and religious leaders, public servants, mediators, and anyone seeking common ground with people of differing perspectives.

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