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October 2016

"Process Problems: Intervention Points for Mediation Logjams"

by Roger B. Jacobs, Roseland, NJ

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September 2015

"A Week At the War College: A Mediator's Memorial Day Reflections"

by Simeon H. Baum, New York, NY

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June 2015

"The Enforceability of Mediation Settlement Agreements"

by Thomas J. Smith, San Antonio, TX

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September 2014

"Tips For A Successful Mediation"

by Ruth D. Raisfeld, White Plains, NY

12 factors that contribute to a successful mediation... READ ARTICLE

December 2013

"The Why, When and How's of Effective Mediation Opening Statements"

by Elliot G. Hicks, Charleston, WV

We work so long and hard to develop trial skills of opening statement, direct examination, crossexamination and closing argument, but those are not the skills we get to display. The real skills the lawyer gets to show the client in this new trial-shy environment are our mediation and negotiation skills. Those skills involve talking to the other side, strong advocacy without creating hostility, and creating an atmosphere that strongly encourages trust and resolution... READ ARTICLE

November 2013

"How To Choose A Good Mediator"

by Scott D. Delius, Atlanta, GA

Most lawyers want someone from their background, but picking from ‘the other side’ can be smarter... READ ARTICLE

February 2013

"The Challenge Of Good Faith Mediation in Florida"

by Patrick J. Mastronardo, Longwood, FL

In Florida, once upon a time, Supreme Court certified mediators knew of no statutes, rules, or common law governing court ordered mediation in good faith; mediation communications were confidential except as provided by Florida law; mediators were required to report the absence of an agreement without comment, and mediators were not permitted to report failure of parties to mediate in good faith... READ ARTICLE

November 2012

"Mediation Conflicts of Interest in Florida"

by D. Robert Hoyle, Bradenton, FL

The basic requirement behind the mediation process is found in the rules governing impartiality and conflicts of interest. In the same manner that a litigant has the right to know that a judge will be impartial in rendering a decision and will withdraw from a case when a conflict of interest is present, so too does a mediation participant have the right to impartiality and the absence of a conflict of interest in the mediator... READ ARTICLE

October 2012

"The Limits of Arbitral Power - A Doctrine Revisited"

by Laura A. Kaster, Princeton, NJ

The private judges known as arbitrators are the creatures not of Articles I or III of the U.S. Constitution, nor of public election or appointment by federal or state authority, but of private agreements between parties whose contracts have blossomed into dispute... READ ARTICLE

September 2012

"Improving Lawyer Judgement By Reducing The Impact of Client-Think"

by Laura A. Kaster, Princeton, NJ

The very nature of the lawyer-client relationship serves to increase the unconscious biases that impede the client/lawyer team's ability to see all the information before them and to evaluate its impact. "Client-Think" is a real phenomenon and is reflected in the statistics that establish a very high rate of lawyer error in valuing cases for mediation and settlement. READ ARTICLE

June 2012

"Sausage Making Laid Bare"

by Simeon H. Baum, New York, NY

Definitive Creative Impasse-Breaking Techniques in Mediation - Chapter from book published by New York State Bar Association. READ ARTICLE

"The Technique of No Technique"

by Simeon H. Baum, New York, NY

A Paean to the Tao-Te Ching and Penultimate Word on Breaking Impasse... READ ARTICLE

"Mediation and E-Discovery"

by Simeon H. Baum, New York, NY

There is nothing like a book focused on e-discovery to give the reader a sense of the complexity and expense of litigation. Over the last two decades, as cases have grown increasingly complex and expensive, there has been growing interest in alternative dispute resolution ("ADR") mechanisms, like arbitration and mediation, as a possible means of reducing the cost, formality, complexity and disruption of litigation.... READ ARTICLE

May 2012

"Ten Ways to Use Mediation to Assess Risk More Effectively"

by Nancy F. Lesser, Washington, DC

This article suggests that mediation may be one possible answer to achieving better risk assessment and case valuation. READ ARTICLE

"Contemporary Issues in International Arbitration & Mediation - The Fordham Papers (2010) "

by Simeon H. Baum, New York, NY

Published by Fordham Law School READ ARTICLE

"Contemporary Issues in International Arbitration & Mediation - The Fordham Papers (2011) "

by Simeon H. Baum, New York, NY

Published by Fordham Law School READ ARTICLE

July 2011

"Tips on How to Negotiate and Acquire Negotiation Skills"

by Simeon H. Baum, New York, NY

When asked to address the modest subject of “How to Negotiate and Acquire Negotiation Skills”, I am reminded of the narrator’s comment in Moby Dick.... READ ARTICLE

"Tools For Creating Movement In Mediation - VIDEO Presentation @ LAWLINE"

by Simeon H. Baum, New York, NY

ONLINE CLE COURSE, AVAILABLE FOR PREVIEW AT LAWLINE.COM READ ARTICLE

"Mediation - Alchemible Crucible for Transforming Conflict to Resolution"

by Simeon H. Baum, New York, NY

Day in and day out, we encounter one another, make deals and resolve disputes. Whether it is setting a bedtime with a recalcitrant five-year old, making dinner plans with a narcissistic couple, setting up a distributorship, breaking a lease or the host of other issues that might make their way into court if not otherwise resolved - we negotiate. Negotiation is so common, we barely notice it... READ ARTICLE

May 2011

"Top 10 Things NOT To Do In Mediation!"

by Simeon H. Baum, New York, NY

Given the burgeoning use or mediation it is likely that most litigators and many dealmakers will find themselves representing clients in the process. It is thus imperative to understand the mediation process, its goals and possibilities, and to be effective in that process, understanding what works and what can abort the process and its positive possibilities. It is JUST as important to understand what NOT to do in the mediation process... READ ARTICLE

February 2011

"THE TAIL WAGGING THE DOG"

by Malcolm Sher, Danville, CA

How many times has a defense attorney declared litigation to be “unsettle able” because plaintiff attorney fees have far exceeded the value of the case? How many times has a plaintiff lawyer responded that the “defense tactics” were the cause? Using the context of a landlord?tenant “habitability” dispute, this article examines how statutes and behavior illustrate the problem, and suggests strategies for minimizing it. READ ARTICLE

January 2011

"New York State Bar Dispute Resolution Section - White Paper on Insurance Disputes"

by Simeon H. Baum, New York, NY

At the heart of the insurance business is the resolution of claims. Insurers routinely adjust claims and provide for indemnity and defense. Accordingly, some have said that the business of insurers is litigation. In fact, it is more accurate to say that the business of insurers is dispute resolution: including negotiation, mediation, neutral evaluation, and arbitration, as well as litigation... READ ARTICLE

December 2010

"Civil and Common Law: Contrast and Synthesis in International Arbitration"

by Urs M. Laeuchli, San Francisco, CA

This article examines the two main legal systems in the world - the civil law and the common law -and their impact on intemational arbitration. The majority of the world's population lives under the civil law, but the influence of the common law is significant... READ ARTICLE

"Negotiations and other ADR with the Chinese"

by Urs M. Laeuchli, San Francisco, CA

Cross-cultural negotiations are inherently more difficult than intra-cultural negotiations, however, they are among the most intellectually exciting challenges in the field of dispute resolution... READ ARTICLE

October 2010

"Mediator Techniques Abused - Avoid These At All Costs"

by Dave Rudy Mediator, San Francisco, CA

There are a host of things that mediators do or don't do that can cause major problems and diminish the chances of getting past the finish line... READ ARTICLE

"Impasse - A New Perspective"

by Dave Rudy Mediator, San Francisco, CA

It’s important to view impasse as a process rather than an event, which allows it to be spotted and corrected early READ ARTICLE

June 2010

"NASD Mediations"

by David H. Lichter, Aventura, FL

Improving Your Securities Mediation Experience: Practical Tips and Suggestions READ ARTICLE

"Securities Mediation"

by Jeffrey S. Grubman, Boca Raton, FL

Virtually every attorney who has represented parties in the securities arbitration process has experienced the feeling of bewilderment upon reviewing an arbitration award... READ ARTICLE

"Ethics for Georgia Lawyers in Mediations (Paper)"

by John A. Sherrill, Atlanta, GA

As the popularity of mediation has increased, rules and standards have been adopted to address the ethical standards to which mediators must adhere. There is far less formal guidance, however, regarding the ethical standards that the attorneys representing the mediation participants should follow... READ ARTICLE

"7 Habits of Highly Effective Advocates In Mediation"

by Hon. Patricia M. Killingsworth, Atlanta, GA

The Seven Habits of Highly Effective People, by Stephen R. Covey, is a practical and insightful review of the power of communication in both our business and personal lives. Over the course of the more than one thousand mediations that I have facilitated to date, I have discovered that the principles espoused by Dr. Covey are clearly applicable to the mediation process – no surprise, as communication is the key element in a successful conference. READ ARTICLE

""May It Please The Mediator" - Strategies for Success in the Era of the Vanishing Jury Trial"

by Jeffrey D. Keiner, Orlando, FL

A new book co-authored by Jeffrey Keiner, released shortly by Aspatore Books... READ ARTICLE

"Residential Foreclosure Mediation - Is Managed Mediation the Solution?"

by Patrick J. Mastronardo, Longwood, FL

Authored before the recent rulings from the Florida Supreme Court, an analysis of the Residential Mortgage Foreclosures crises. READ ARTICLE

"A Different View of Mediation"

by William D. Vines III, Knoxville, TN

I have been honored that many lawyers have asked that I attempt to mediate cases and the following are my suggestions regarding issues that frequently arise. I acknowledge that my views are not shared by all mediators and extend them for the consideration you feel merited... READ ARTICLE

May 2010

"Want To Have More Successful Mediations?"

by Louise A. LaMothe, Santa Barbara, CA

If you answered yes to that question, I can tell you that from my mediator's perspective, it's a matter of maintaining balance in your role and managing the expectations of all parties... READ ARTICLE

"EMOTIONAL AND TECHNICAL CHALLENGES TO MEDIATING PARTITION ACTIONS"

by Malcolm Sher, Danville, CA

This article will explore not only some of the situations that give rise to partition actions, but also, how, if brought to an experienced mediator at the right time, they can be resolved without resorting to expensive litigation... READ ARTICLE

"Mediating the Giant Case (Paper)"

by Patrick C. Coughlan, Naples, FL

Successful Strategies For Using Mediation To Settle Complex Insurance Coverage Cases READ ARTICLE

"FACILITATING EARLY SETTLEMENT OF LITIGATION (Paper)"

by Penn Payne, Atlanta, GA

What are the roadblocks which prevent a case from settling earlier rather than later? What can parties and their lawyers do to overcome these roadblocks in order to accelerate the settlement process? This article addresses these questions, and sets out specific tactics that will help bring the parties to a mediation or the settlement table as early as possible and will increase the odds that the case will settle before the parties' litigation costs begin to skyrocket. READ ARTICLE

"Georgia Bar Journal - Effectively Managing A Commercial Arbitration (Paper)"

by John A. Sherrill, Atlanta, GA

Through working with and learning from many highly capable arbitrators, advocates and other experts in arbitration, I have developed my own philosophy of how I think an arbitration process can most effectively and efficiently be managed, and this paper will describe some of those “best practices” that I have adopted and now use in arbitrations in which I am involved... READ ARTICLE

"Sign Here, Please - The Final Mediation Paperwork"

by Blane McCarthy, Jacksonville, FL

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"The Summary Jury Trial - An Introduction"

by Thomas H. Bateman III, Tallahassee, FL

Summary Jury Trials, while not new, are a viable yet underutilized ADR option... READ ARTICLE

"Mediation: A Roadmap to Success for Counsel and Client"

by Jeffrey S. Grubman, Boca Raton, FL

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April 2010

"ADR Technology Survey Indicates Case Management Issues Are Spreading"

by Deborah Rothman Esq., Los Angeles, CA

Discovery disputes relating to electronically-stored information, referred to in this article as ESI, continue to bedevil the courts. The disputes increasingly are arising in domestic commercial and some international arbitrations. This article discusses specific types of E-discovery disputes practitioners encounter or can expect to encounter... READ ARTICLE

March 2010

"An Inside View of Class Action Settlements (Daily Journal)"

by Deborah Rothman Esq., Los Angeles, CA

A recent outpouring of disgust on the ABA Web site directed at consumer class action attorneys got me thinking about my experience in class action mediations. Having talked for hours in caucus with class counsel, and then the defense team, I have garnered insights that might be helpful to attorneys whose practices do not involve class actions... READ ARTICLE

"Collecting Attorney Fees In Arbitration"

by Paul J. Dubow Esq., San Francisco, CA

Your client has retained you to prosecute or defend a contractual claim. Because the contract contains an arbitration clause, the case will be arbitrated. The contract contains a clause which clearly awards attorney fees to the prevailing party. You believe that there is a decent chance that your client will prevail and so you are also confident that your client will be able to recover its attorney fees. Indeed, the prospect of recovering attorney fees may color the stance that you take in any settlement negotiations in which you engage prior to the hearing. Not so fast. There are at least three impediments to the recovery of attorney fees under a contract which contains an arbitration clause... READ ARTICLE

"Mediating Workers' Compensation Claims"

by Hon. Patricia M. Killingsworth, Atlanta, GA

Presented at the Institute of CLE in Georgia, March 2010. READ ARTICLE

February 2010

"RECOGNIZING AND VALIDATING DIVERSITY IN MEDIATION"

by Malcolm Sher, Danville, CA

As a foreign born and educated lawyer and mediator, I am frequently engaged to mediate cases in which some, or often all of the parties lived, were raised or educated somewhere other than the United States. When they become involved in disputes, whether litigated or not, people from differing cultural or ethnic backgrounds often bring to the table differences that may have caused or contributed to the dispute, and that may well govern its outcome. This article will examine some of those differences and emphasize the need for all participants in the mediation process to learn about and validate them in order to bring about a mutually beneficial settlement... READ ARTICLE

January 2010

"Who Took The 'Me' Out of Mediation?"

by Deborah Rothman Esq., Los Angeles, CA

While mediation has the potential to be a successful, cost-effective and occasionally transformative process for the participants, the dual trends toward streamlining and spinning have created unfortunate unintended consequences, including less client satisfaction and lower settlement rates... READ ARTICLE

"SPECIAL CHALLENGES TO MEDIATING BROKER CASES"

by Malcolm Sher, Danville, CA

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December 2009

"Creative Solutions to Intramural Business Strife (Presentation)"

by Hon. John Leo Wagner (Ret.), Los Angeles, CA

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"Beyond the Printer: Goals at Mediation (Presentation)"

by Robert M. Daisley Esq., Tampa, FL

Mediation presents an underappreciated opportunity for a lawyer to accomplish a broader, and arguably more important goal: a client who is thoroughly satisfied with the lawyer's representation... READ ARTICLE

November 2009

"Winning at Mediation (Presentation)"

by Robert M. Daisley Esq., Tampa, FL

Basic Commercial Litigation Seminar, sponsored by the Young Lawyers Division of the Florida Bar November 13, 2009 Tampa READ ARTICLE

August 2009

"UTILIZING "SPECIAL MASTERS" IN FLORIDA (Paper)"

by Howard R. Marsee, Maitland, FL

This article was initially published in the October 2007 issue of The Florida Bar Journal. This is a revised version of that article. It has been updated to reflect amendments, since the article was first written, to Rule 53 of The Federal Rules of Civil Procedure... READ ARTICLE

May 2008

"Why Mediation? Taking The Leap Of Faith"

by Patrick C. Coughlan, Naples, FL

You are a trial lawyer. That is what you have been trained for. That is what you like doing. So you ask yourself, Why mediate? The answers to that question are myriad... READ ARTICLE

January 2008

"A Journey In Mediation: The Bulgarian Path"

by Lynn H. Cole, Tampa, FL

As this article is written, mediation centers are springing up all over Bulgaria and are receiving invitations within their communities to conduct community mediations, to engage in court-related mediations, and to offer assistance to police agencies as well as victim assistance programs. Bulgaria's model of mediation is unique and derives not only from a history of a people long dominated by others but also from its citizens' determination to define their own destiny and to empower themselves in the 21st century... READ ARTICLE

October 2006

"Jordan Leads the Way in Mediation in the Arab Middle East"

by Lynn H. Cole, Tampa, FL

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