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Selected Publications of Forrest S. (Woody) Mosten

In the field of family mediation and the art of building successful collaborative practices, few figures stand as prominently as Forrest S. (Woody) Mosten. The following are selected publications that promise to redefine our understanding of these crucial subjects.

Table of Contents

Books

  1. The Family Lawyer as Peacemaker
    (with Hon. Elizabeth Potter Scully and Lara Traum) (2025).
  1. Effectively Representing Clients in Family Mediation
    (with Hon. Elizabeth Potter Scully and Lara Traum) (2023).
  1. Building a Successful Collaborative Practice
    (with Adam Cordover). ABA Book Publishing (2018).
  1. Family Lawyer’s Guide to Unbundling Legal Services
    (with Elizabeth Potter Scully). ABA Book Publishing (2017).
  1. The Complete Guide to Mediation (w Elizabeth Potter Scully). 2nd ed. ABA Book Publishing (2015). Prior Edition (1997).
  1. Collaborative Divorce Handbook: Helping Families Without Going to Court.  Jossey-Bass (2009).
  1. Mediation Career Guide: A Strategic Approach to Building a Successful Practice.  Jossey-Bass (2001).
  1. Unbundling Legal Services: A Guide to Delivering Legal Services à la Carte. American Bar Association, Law Practice Management Section (2000).
  2. The Complete Guide to Mediation ABA, (1997).

Articles and Chapters

  1. Limited Scope Representation:                                                  
    An Important Tool and Peacemaking Catalyst for Family Dispute Resolution (2024) in Salem and Olson, Family Dispute Resolution (Oxford)
  2. Bringing Informed Consent And Consumerism To Collaborative Practice: Have Parties Jointly Select Members Of The Team, November 2023, Mediate.com
  3. Closing the Mediation with Added Client Informed Consent and Opportunity for Family Healing, March 2024, Association of California Family Law Specialists
  4. There Are Other Ways to Hold Trump Accountable
    San Diego Union-Tribune – Metro – eNewspaper February 1, 2021 (B3)
  5. Educating The New Lawyer: Teaching Lawyers to Offer Unbundling and Other Client Centric Services, Dickinson Law Review (July 2018)
  6. Interdisciplinary Teamwork in Family Law (with Lara Traum), Hostra Law Review (July 2018)
  7. Representing Clients in Family Mediation,” Los Angeles County Bar Symposium Book, 2018
  8. The Family Lawyer’s Role in Preventive Legal and Conflict Wellness (with Lara Traum), 55 Family Court Review 26 (2017).
  9. Working with Your Spouse’s Lawyer, ABA Family Law Advocate (2017)
  10. It Takes a Village: Using Seniors to Help Divorcing Families (with Lara Traum), 17 Cardozo Journal of Conflict Resolution 767 (2016)
  11. Representing Clients Effectively in Family Mediation (with Elizabeth Potter Scully), Association of Family and Conciliation Courts (Summer, 2016)
  12. Late Nights and Cancellation Rights (with oHonHon, Thomas Trent Lewis and Elizabeth Potter Scully), California State Bar Family Law News (2016)
  13. The Future of Mediation: 20 Predictions for 2030, Mediate.com (2015)
  14. The Uncertainty of Mediation Confidentiality in California Rights (with oHonHon. Thomas Trent Lewis and Elizabeth Potter Scully, California AFCC News, (2015)
  15. Unbundled Legal Services to Enhance Peacemaking, Family Court Review, (July 2015)
  16. Mediator Settlement Proposals, Association for Conflict Resolution Commercial Section Newsletter, Summer 2015
  17. Unbundle Your Law Practice, Association of Family and Conciliation Courts News, April 2015
  18. The Lawyer as Collaborative and Preventive Peacemaker, Reinventing the Practice of Law, In Herrera, Innovations in the Practice of Law (ABA, 2014)
  19. Beyond Mediation Toward Peacemaking. Association for Conflict Resolution Magazine, Fall 2014.
  20. Unbundling in 2014: Recommendations for the Courts (ABA Judge’s Journal, Winter, 2014)
  21. Unbundled Legal Services Today–and Predictions for the Future ABA Family Law Advocate Vol. 35, No. 2, Fall 2012, p. 14-21
  22. Using Mediation Stories to Improve the Teaching of Conflict Resolution, 34 Cardozo Law Review 2455 (2013).
  23. Family Lawyering: Past, Present, and Future (with John Lande), 51 Family Court Review 20
  24. Tips for Lawyers Using Mediation for Their Own Personal Disputes, Los Angeles Daily Journal, May 16, 2012
  25. Unbundled Legal Services Today – And Predictions for the Future,  35 Family Advocate 14 (2012).
  26. The Future of Collaborative Practice: A Vision for 2030,
    49 Family Court Review 282 (2011).
  27. Guest Editor’s Introduction, 49 Family Court Review 211 (2011).
  28. Confidentiality in Mediation, 31 California Lawyer 32 (2011)
  29. Confidential Mini Child-custody Evaluations: Another ADR Option45 Family Law Quarterly 119 (2011).
  30. Editor’s Introduction to Family Court Review’s Special Issue on Collaborative Practice  49 Family Court Review, No. 2, April 2011, p.211
  31. Future of Collaborative Practice: Vision for 2030
  32. Disputant Autonomy and Power Imbalance (with Bill Eddy) in Waldman, Legal Ethics (2011)
  33. Collaborative Lawyers’ Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients’ Informed Consent to Use Collaborative Law (with John Lande),  25 Ohio State Journal on Dispute Resolution 347 (2010).
  34. Collaborative Practice: Collaborative Practice: Key Issues and Future Trends, in Inside the Minds, Aspatore (2010)
  35. Building a Successful Law Practice Without Ever Going to Court Forrest S. Mosten, GPSOLO, Sept. 2010, The Best Articles Published by the ABA
  36. Before You Take a Collaborative Law Case: What the Ethical Rules Say about Conflicts of Interest, Client Screening, and Informed Consent (with John Lande) 33 Family Advocate 31 (2010).
  37. Lawyer as Peacemaker: Ethical and Innovative Practice Roles,  43(3) Family Law Quarterly 489 (2009).
  38. The Uniform Collaborative Law Act’s Contribution To Informed Client Decision Making In Choosing A Dispute Resolution Process (with John Lande), 38 Hofstra Law Review 611 (2009).
  39. Introduction, 2009 ACResolution Magazine 3-5 (Spring 2009). Special Issue.
  40. Marketing Our Practices, 2009 ACResolution Magazine 3-5 (Spring 2009).
  41. Collaborative Law Practice: An Unbundled Approach to Informed Client Decision Making, 2008 Journal of Dispute Resolution 163 (2008)
  42. Unbundling Legal Services to Help Divorcing Families, in Innovations in Family Law Practice (edited by K. B. Olson and N. Ver Steegh, Association of Family and Conciliation Courts, 2008).
  43. Secrets to Successful Mediation Practice,  ABA Dispute Resolution Just Resolutions (Summer/Fall 2007). Parts 1, 2 and 3. ABA
  44. Where to Locate Your Mediation Practice, ABA Dispute Resolution Just Resolutions (Spring 2007).
  45. The Path of the Peacemaker: A Mediator’s Guide to Peacemaking,  5(1) ACResolution Magazine 8-11 (2006).
  46. Advanced Mediator Moves (with D. Mercer), Association for Conflict Resolution Family Section News 6-11 (Fall 2006). ACR Family Section, Parts I and II.
  47. Intake Should Be Your Primary Marketing Strategy,
    Just Resolutions 1, 3 (Jan. 2006).
    American Bar Association Dispute Resolution.
  48. Using Your Duty to Inform as a Marketing Tool
  49. Institutionalization of Mediation, 42 Family Court Review 292 (2004).
  50. Unbundling Legal Services: Servicing Clients Within Their Ability to Pay, American Bar Association Judge’s Journal 15 (Winter 2001).
  51. Peacemaking Can Be Your Day Job, 24(1/2) SPIDR Newsletter 1 (2000).
  52. The Lawyer’s Role During Agreement-Making, 11 American Journal of Family Law 13 (1997).
  53. Emerging Roles of the Family Lawyer: A Challenge for the Courts,  33 Family and Conciliation Court Review 213 (1995)
  54. Unbundled Legal Services in Mediation, ADR Report (Nov. 1999).
  55. Unbundling Your Mediation Services, 3(25) ADR Report 3-6 (1999).
  56. Operating a Profitable Mediation Practice. Mosten Mediation Training (1998a).
  57. Recent Developments in Mediation,  LACBA News and Review of Los Angeles County Bar Association Family Law Section 16-18 (Summer 1998b).
  58. Written Mediation Agreements and Settlement Stipulations, DRS Newsletter (LA County Bar) 7-8 (Fall 1998c).
  59. Our Own Communication Is Important Too (with J. Kichaven), Southern California Mediation Association News 4 (Nov. 1997).
  60. Eleven Questions Most Commonly Asked About Mediation, 17(9) Fair Share: The Matrimonial Law Monthly 5-7 (1997).
  61. Mediation in Divorce Cases: Two Views (with P. Gangel-Jacob),  Trial Magazine 43-44 (Aug. 1997).
  62. Preventing Future Conflict Through Legal Wellness Check-Ups,  Preventive Law Reporter 12-15 (Fall 1996).
  63. Unbundling Legal Services, International Legal Practitioner 42-45 (June 1996).
  64. Preventive Mediation in Blended Families, 3(1) Dispute Resolution Magazine 16 (1996). American Bar Association, Dispute Resolution Section.
  65. The Client Library: Law Firm’s Preventive Law Classroom, Preventive Law Reporter (Fall 1995).
  66. Coaching the Pro Se Litigant, American Bar Association Complete Lawyer 1-8 (Winter, 1995).
  67. Client Centered Consultation and ADR (with R.S. Redmount), International Legal Practitioner 28-34 (Mar. 1995)
  68. Louis M. Brown: His Work in Preventive Law Receives Long Awaited Recognition, Preventive Law Reporter 30-31 (June 1994).
  69. Unbundling of Legal Services and the Family Lawyer, 28(3) Family Law Quarterly 421 (Fall 1994).
  70. The Lawyer As Dispute Resolution Manager, 15(4) Family Law News and Review 5-8 (1994).
  71. Avoiding Trial in Family Law: ADR Options and Methods, Los Angeles Lawyer 45-48 (Sept. 1993).
  72. The Case for a National Legal Health Strategy (with T.H. Gonser), Preventive Law Reporter 31-32 (Summer 1993).
  73. Mediation and Prevention of Business Disputes, Beverly Hills Bar Journal 105-008 (Summer 1993).
  74. Mediation Makes Sense: How to Prevent an International Crisis, ABA Family Advocate 44-45 (Spring 1993).
  75. Confidential Mini-Evaluation, 32 Family Court Review 373 (1992).
  76. The Violent Family: Part II Intervention Strategies for the Family Lawyer (with N. Kaser-Boyd),  15(1) Family Law News 4-7 (1992).
  77. Lou Brown: Preventive Law and World Harmony, Preventive Law Reporter 2-3 (Dec. 1991).
  78. The Violent Family: Psychological Dynamics and Their Effect on the Lawyer-Client Relationship (with N. Kaser-Boyd), 14(2) Family Law News 17, 28 (1991).
  79. The Duty to Explore Settlement: Beyond Garris v. Severson, 12(2) California State Bar Family Law News 25, 40-42 (1989).
  80. The Consulting Lawyer in Private Divorce Mediation: Sample Client Retainer Letter and Discussion, 10(3) LA County Bar Family Law News and Review 6-9 (1989).
  81. Preventive Planning in the Resolution of Dispute, 64 Denver Law Review 441-42 (1988).
  82. The Option of Private Family Law Mediation (with S.E. Wasserstrom),  Beverly Hills Bar Journal 118-22 (Spring 1987).
  83. How to Provide Legal Services to Middle Income Clients Profitably, State Bar of California (1985).
  84. The Role of the Therapist in the Co-Mediation of Divorce: An Exploration by a Lawyer-Therapist Team (with B. Biggs), 9 Journal of Divorce 27 (1985).
  85. Introduction of Special Issue on Client Counseling

Articles Written by Forrest S.
(Woody) Mosten at Mediate.com

1. How Can We Best Make and Maintain Quality Mediators?
(with Jim Melamed)  January 2021

2. Use Mediators and Police as Conflict Resolution Partners July 2020

3. Mediators Are Society’s PPE for Conflict and Difficult Decisions(04/29/20)

4. The Future of Mediation: Twenty Predictions for Mediation in 2030 (03/02/15)

5. Collaborative Lawyers’ Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients’ Informed Consent to Use Collaborative Law(05/20/12)

6. The Uniform Collaborative Law Act’s Contribution to Informed Client Decision-Making in Choosing a Dispute Resolution Process(08/21/10)

7. Elian-Now Is The Time To Mediate (04/23/00)

8. What Happens In Mediation? (12/20/99)

9. Eleven Questions Most Commonly Asked About Mediation(08/28/98)

10. Family Mediation: Research Facts (08/28/98)

author

Forrest (Woody) Mosten

Forrest (Woody) Mosten Forrest (Woody) Mosten has been in private practice as a mediator since 1979 and currently is practicing mediation and collaborative law 100% online serving clients throughout the world. Woody is a founding partner of the Mosten-Guthrie Online Training Academy for Mediators and Collaborative Professionals. He is Adjunct Professor… MORE

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