Category: Mediation Advocacy

A Litigator’s Guide to Mediation Advocacy author.

A Litigator’s Guide to Mediation Advocacy

Reflections on Effectively Achieving Client Goals at the Mediation Table Introduction Litigators too often approach the mediation process with the...

By Sheldon Stark
Factors that Determine the Beginnings of the Initial Mediation Session author.

Factors that Determine the Beginnings of the Initial Mediation Session

For the past several years Roselle Wissler (Arizona State) and I have been working on several articles about the early stages of...

By Art Hinshaw
In Lichon, Michigan SC changed the test for the scope for Arbitration author.

In Lichon, Michigan SC changed the test for the scope for Arbitration

An age-old inquiry in ADR is under what circumstances must a party’s legal claims be dismissed from court and heard...

By William Gilbride
Ten Real Mediation Systems author.

Ten Real Mediation Systems

This short article presents accounts of ten mediators about the factors affecting how we handle continuing streams of mediations – our...

By John Lande
When Mediation Conduct Goes Wrong author.

When Mediation Conduct Goes Wrong

By Deborah S Ballati, Esq. and Patricia H. Thompson Esq. FCIARB While most mediation participants act professionally, with courtesy and...

By Patricia Thompson
Wrangling Emotions author.

Wrangling Emotions

Howard Herman gets parties out of battle mode in cases with complex power dynamics After 37 years, including 23 years...

By Howard Herman
How a humanistic approach to Mediation would impact on the definition of mediation, mediation practice, training and accreditation – Part II author.

How a humanistic approach to Mediation would impact on the definition of mediation, mediation practice, training and accreditation – Part II

It’s time for mediation to claim its place as a stand-alone profession freed from being just an alternative to the...

By Greg Rooney
Back to Basics: Why Mediate? author.

Back to Basics: Why Mediate?

As part of my preparation to teach a class on mediation confidentiality, I reviewed the Uniform Mediation Act with all of its...

By Phyllis Pollack
Speak or Not to Speak author.

Speak or Not to Speak

In the plenary session of a mediation, when you have your first opportunity to directly address your opponent’s decision-maker, should...

By Christopher Kriesen

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