I've written a number of articles on mediation in the past two decades. Included on the website are three recent pieces. The essence of these and other of my mediation articles is contained in the book, Anatomy of a Mediation referred to in the Books Section. |
| PUTTING IN A GOOD WORD FOR COMPROMISE |
I’ve been pretty much out of the lawyering/mediating business during these pandemic years, but I did write an article that appeared on the front page of the periodical ALTERNATIVES to the High Cost of Litigation, the newsletter of the International Institute of Conflict Prevention and Resolution. The article is titled Putting in a Good Word for Compromise, which isan important subject nowadays in areas extending way beyond litigation. The article was aimed at both lawyers and non-lawyers alike, and I’ve included a copy that I hope you’ll read. |
| CALLING ALL DEAL LAWYERS – Try Your Hand at Resolving Disputes, 62 The Business Lawyer 37 (2006) |
[From the summary in The Business Lawyer] This article is intended as a wake-up call to deal lawyers, inside corporate counsel, and others who negotiate agreements in the commercial world – urging them to become more involved in resolving business disputs by negotiation and, where appropriate, through mediation. The author makes the case that deal lawyers – who too often defer to litigators to handle these matters – ought to apply their problem-solving skills, ability to strike advantageous compromises of tough transactional issues, and negotiating prowess to the resolution of disputes. The article includes discussion of why settlement usually makes more sense than going to trial, why resolving disputes is so difficult, the reasons that many deal lawyers don't get involved, why they should, early steps to prevent disputes from ending up in litigation, and how mediation can be helpful to reach negotiated solutions. |
| THREE'S A CROWD– How to Resolve a Knotty Multi-Party Dispute Through Mediation, 64 The Business Lawyer 359 (2009) |
[From the summary in The Business Lawyer] The most difficult negotiating situation business lawyers face is trying to settle a multi-party dispute, especially when some facet of the resolutioncalls for making a forward-looking deal. The premise of this Article is that mediation offers the best hope of crafting a compromise outcomereasonably satisfactory to all parties that terminates all litigation. The author offers readers an in-depth inside look at how a mediator goes aboutthis task, in the context of a knotty hypothetical four-sided dispute. TheArticle focuses on the skills and techniques required of both the mediator and the party representatives involved. |
| THE NEUTRAL NEGOTIATOR - Why and How Mediation Can Work to Resolve Dollar Disputes |
The first major article I wrote on mediation in 1994, THE NEUTRAL NEGOTIATOR – Why and How Mediation Can Work to Resolve Dollar Disputes (published by Prentice Hall Law & Business), was awarded the First Prize for Professional Articles by the CPR Institute for Dispute Resolution. The presentation noted that I provided “a unique insight into the thinking of the neutral,” and concluded that “For those of us who are or will be mediators, this article is a must read.” CLICK HERE TO READ THE ARTICLE
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[To access the sections on Activities and Books and Videos, click on the HOME link at the top of this Mediation Articles section.]