Category: About Mediation

Reprinted by permission of The CPA Journal.Certified Public Accountants (CPA's) reading the business press are aware that there is frequent...

While members of the Bar benefit from local court programs that may assign mediators, often serving as volunteers, advocates and...

Settling cases is seldom easy. Even the small cases, the ones that people tell me will be “simple,” can require...

1. ORDERING, DIRECTING, COMMANDING Telling the person to do something; giving the person an order or command. "You must...," "You...

It wasn't long ago that if a dispute could not be resolved through direct negotiation, the next step was the...

Nearly ten years ago when Marlene first met Liz, their future as a couple seemed so bright. They shared a...

The success or failure of a mediation often depends on who the mediator is. Before retaining a mediator you should...

Copyright © John J. McCauley 2000. This article originally appeared in the October 2000 edition of Orange County Lawyer Magazine.For...

This article has been reproduced with permission of the Bond University Dispute Resolution Newsletter September 1999, Vol 2.Nomenclature in the...

Review by John Wade Published by: (Boston: Harvard Business School Press, 1999) pp 244. Order at Amazon This article has...

To Part 1 ~~~~~~~~~~ Subject: Online Mediation; Getting Started Hello party 1 and party 2: Thank you for using Online...

Currently, there are more rules, regulations, and laws dealing with sexual discrimination, and particularly sexual harassment, than any other substantive...

Are you weary of trying to solve the pressing conflicts in your life through long drawn out legal battles? Does...

What is Negotiation? A: There are two principle negotiation theories and strategic approaches to negotiation: competitive or positional negotiation; and...

This article appeared in the September 1997 edition of "Alternatives to the High Cost of Litigation," a publication of the...

This article appeared in the January/February 1997 issue of The California Therapist. It is reprinted with permission of the California...

Myth #1: A tough, effective, take-no-prisoners litigator should not mediate, because real litigators don't mediate. Fact: The problem with this...

"Of those that reached agreement in Mediation, two thirds of both men and women agreed that spousal support was fair;...

Last month, a reporter from the Los Angeles Daily Journal asked me a question about mediation which gave me quite...

Order at Amazon.com We dance round in a ring and suppose But the Secret sits in the middle and knows....

"Win-win" ("ganar-ganar") has reached Cuba. Thanks to the vision of law professor Armando Castanedo Abay of the Universidad de La...

Many disputes have a prior history of an amicable relationship. This is especially true in business disputes. Litigation (arbitration or...

"Traditional litigation is a mistake that must be corrected... For some disputes trials will be the only means, but for...

This article originally appeared in the Oregon State Bar Bulletin (June 1999)Effective representation of clients in mediation requires the same...

Most people approach mediation with the best of intentions. They are hopeful that the negotiation will achieve their ultimate goal...

When a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. When...

Among the more hotly debated issues concerning appropriate qualifications for mediators is the question as to whether it is preferable...

A critical set of issues for the mediator revolve around the issue of capacity and power. Specifically, does the mediator...

Mediation is changing law practice. It is the cheapest, lowest risk, and most under-utilized form of alternative dispute resolution. And...

Just for a moment, let's put aside all of the talk of anger management, neutrality, opening statements, ground rules, communication...