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Category: Mediation Practice

Mediation Vignettes: A Parent’s Horror author.

Mediation Vignettes: A Parent’s Horror

The mother in the mediation was too young; probably in her mid-twenties. She was small and thin, pacing back and...

By John R. Van Winkle
Pre Mediation Summaries author.

Pre Mediation Summaries

"If you think education is expensive, try ignorance." Derek Bok (b. 1930) President, Harvard University Admittedly, the quote is a...

By Edward P. Ahrens
Mediation Advocacy: The State of the Art author.

Mediation Advocacy: The State of the Art

Jeff Kichaven writes on mediation for the International Risk Management Institute. First published on IMRI.com. Every year, there’s a new...

By Jeff Kichaven
Mediation Vignettes: Grace Louise author.

Mediation Vignettes: Grace Louise

Grace Louise was four years old, curly blond hair, a bright red dress with an orange bow. Her grandfather got...

By John R. Van Winkle

Mediation Philosophies: What Are Yours? Do They Progress the Profession?

A section of my state bar association recently sent a survey to mediators in the state. The section was eliciting...

By Joshua F. King
You Never Can Tell author.

You Never Can Tell

George Bernard Shaw never ceases to amaze me with his observations; especially his psychological insight and perception of mankind. He...

By Jerome Weiss
Mediation-A Way Of Life author.

Mediation-A Way Of Life

Life is its own journey, presupposes its own change and movement, and one tries to arrest them at one's peril....

By Edward P. Ahrens

A Lot Of Me On The Table

Dear Diary, Today I left a lot of me on the table. It was mother against daughter, sister against brother,...

By Geoff Sharp
Model Standards of Conduct author.

Model Standards of Conduct

The original Model Standards of Conduct for Mediators was prepared in 1994 by the American Arbitration Association (AAA), the American...

By Managing Editor
Better Practice Tip: Recognized Exceptions to Mediation Confidentiality and Remedies That Every Litigator Should Know author.

Better Practice Tip: Recognized Exceptions to Mediation Confidentiality and Remedies That Every Litigator Should Know

You are representing a client at mediation. You know the general rule: what happens in a mediation is confidential. However,...

By Alice M. Graham, Max Factor III
The Heart As An Organ Of Perception author.

The Heart As An Organ Of Perception

Does a mediator need a heart? That depends on what you think a heart is for. Around the time the...

By Charles B. Parselle
Dealing With Power Imbalance:  Another Stab author.

Dealing With Power Imbalance: Another Stab

Trial lawyers strive to influence the jury regarding the power of the arguments and evidence in support for their respective...

By Norman R. Page
Mediator On A Treadmill author.

Mediator On A Treadmill

Frequently, I have found myself in the later stage of a protracted mediation proceeding saying: "Well, I just won’t get...

By Edward P. Ahrens
The Mediator as Moralist Bully author.

The Mediator as Moralist Bully

This article originally appeared in edited form in ‘Peripheral Vision’, a regular appearing column in Family Mediation News, the Family...

By Robert Benjamin
Classical Physics, Quantum Mechanics, Relativity, Super String Theory And Mediation author.

Classical Physics, Quantum Mechanics, Relativity, Super String Theory And Mediation

Our concepts of our environment do not die slowly. They neither crumble and rot into oblivion nor do they grow...

By Joseph Dean Klatt
Qualities of a Good Mediator and the Lessons New Mediators Learn author.

Qualities of a Good Mediator and the Lessons New Mediators Learn

First published: ST. LOUIS LAWYER, August 7, 2002, at 10A." In mid-June, the University of Missouri-Columbia School of Law held...

By Paula M. Young Young
Confessions of a Tamed Cynic — Review of The Moral Imagination by John Paul Lederach author.

Confessions of a Tamed Cynic — Review of The Moral Imagination by John Paul Lederach

The Moral Imagination: The Art and Soul of Building Peace.John Paul Lederach Oxford University Press, 200 pp. 2005. Even before...

By Robert Benjamin
Your Brother’s Keeper:An Ethic Of Compassion For Mediators author.

Your Brother’s Keeper:An Ethic Of Compassion For Mediators

Most individuals find themselves intrigued at some emotional or intellectual level by stories that offer insight about a particular aspect...

By William Scott Harralson, J.D.
Marketing a Dispute Resolution Practice in a New Area Requires Innovative Approaches to Reach a Skeptical Audience author.

Marketing a Dispute Resolution Practice in a New Area Requires Innovative Approaches to Reach a Skeptical Audience

In order to educate and attract skeptical client organizations to utilize not only direct negotiations, escalation, and litigation but also,...

By Leo Hura
Effective Alternatives Analysis In Mediation: “BATNA/WATNA” Analysis Demystified author.

Effective Alternatives Analysis In Mediation: “BATNA/WATNA” Analysis Demystified

BATNA: Best Alternative to a Negotiated Agreement WATNA: Worst Alternative to a Negotiated Agreement Popular Attribution to Fisher & Ury,...

By Jessica Notini
The Strategic Use of Art in Problem Solving author.

The Strategic Use of Art in Problem Solving

Natura in reticulum sua genera connexit, Non in catenam: hominess non possunt nisi Catenam sequi, cum non plura simul Possint...

By Robert Benjamin
Weaknesses of the Problem-Solving (or Facilitative) Model of Mediation author.

Weaknesses of the Problem-Solving (or Facilitative) Model of Mediation

Bond Dispute Resolution News Volume 18 October 2004(All models of “helping” having strengths and weaknesses – see G Egan The...

By John Wade
The Expert Mediator versus The Subject Expert author.

The Expert Mediator versus The Subject Expert

This article is meant to be a provocative piece on a long discussed subject in the field of mediation. It...

By Jon Linden
Mediating Off the Grid author.

Mediating Off the Grid

Reprinted with permission from the Dispute Resolution Journal, vol. 59, no. 2 (May-July 2004). Copyright © 2004 American Arbitration Association,...

By Cris Currie
Which Cases Are Most Suitable For Court Ordered Mediation author.

Which Cases Are Most Suitable For Court Ordered Mediation

The very essence of mediation [1] is voluntariness. It may, thus, appear inconsistent and inappropriate to ever consider judicially forcing...

By Richard Barron
Beyond Neutrality (Book Review) author.

Beyond Neutrality (Book Review)

Order at Amazon.comIn Bernie Mayer’s new book, Beyond Neutrality the author introduces a new dimension of definition for the field...

By Jon Linden
Beyond Neutrality author.

Beyond Neutrality

Conflict Resolution: A Field in Crisis Conflict resolution as a field is facing a serious crisis, and the way in...

By Bernard Mayer

ACR Mediator Certification Task Force: Report and Recommendations

You may submit your comments through the ACR Discussion Board and click on “Quality Assurance Initiatives.” You may also send...

By ACR Mediator Certification Task Force
Swindlers, Dealmakers and Mediators:  A Brief History of Ethics in Negotiation author.

Swindlers, Dealmakers and Mediators: A Brief History of Ethics in Negotiation

"This article is an edited version of one originally published in ACResolution Magazine, Spring, 2004"Stripped of all the lofty purposes...

By Robert Benjamin

Pre-litigation Mediation as a Privacy Policy: Exploring the Interaction of Economics and Privacy

Privacy is often discussed in economic terms (retention, cost, scarcity, value, opportunity), yet economics is rarely part of the privacy...

By TJ Costello

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