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What's New
Online ADR Journalist: An Interview with Victoria Pynchon (5/05/08)
Gini Nelson This is an interview by Gini Nelson of Victoria Pynchon, J.D., LL.M,. Victoria is a panelist with the Southern California ADR firm Judicate West. She was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in 2006 after 25 years of complex commercial litigation practice. Her Settle It Now Negotiation Blog is a leader in the field, and she also publishes the IP ADR Blog, and the Mediators Without Borders blog.
ABA DR Task Force on Improving Mediation Quality Issues Final Report (2/16/08)
The ABA Dispute Resolution Section has issued a task force report on Improving Mediation Quality. Section Chair Larry Mills observed: "The Report collects interesting empirical information from users of mediation services, presents a nuanced discussion of mediation practices, and identifies the most important elements of high quality, successful mediations. Wayne Thorpe and Rachel Wohl led the task force.
ABA DR Task Force Tool Kit for Improving the Quality of Mediation (2/16/08)
This tool kit is based on the work of the American Bar Association Section
of Dispute Resolution Task Force on Improving the Quality of Mediation. The Task
Force developed the recommendations below and the documents attached over the course
of more than 30 facilitated group discussions with mediation users and mediators. The
Task Force conducted these discussions in nine cities in the US and Canada.
A Creative Thinker: An Interview with Jack W. Cooley (12/12/07)
Gini Nelson This is an interview by Gini Nelson of Jack Cooley. Among many accomplishments, Jack is a former United States Attorney, Senior Staff Attorney for the United States Court of Appeals for the Seventh Circuit, and a partner in a Chicago law firm. His most recent article at Mediate.com is “The Joke Model Of Creative Thinking.” The article got five stars from Robert Benjamin, who declared about it, “The creativity and quality of thought are obvious.”
Promoting Mediation Over The Internet (12/03/07)
Zeno Daniel Sustac One of the most effective means of promoting mediation is over the internet. Why do I say this? Because on the internet information remains stored over extensive periods of time, whereas by using other means of promotion (newspapers, television, radio) information wears off once it is is aired. The immediate impact of the information aired by these means is greater but it wears off once the information is aired. The effectiveness of promoting mediation over the internet is undoubtable. A well constructed website, promoted and optimized accordingly may bring remarkable results in promoting this new profession. It is for this reason that I consider that each mediation centre must have a presentation website.
Jim Melamed is 2007 Recipient of ACR John Haynes Distinguished Mediator Award: A Tribute and Lament on the Field of Mediation (10/23/07)
Robert Benjamin Writing this tribute to Jim Melamed is an honor, even if a troubling one. On the one hand, there could not be a more fitting recipient for this particular award, named for John Haynes, than Jim Melamed, the CEO and co-founder with John Helie of
Mediate.com. The work for which both the recipient and the namesake of this award are known highlights what has been most compelling and important about the field of conflict mediation. On the other hand, this award can also not help but highlight the ebbing of the energy that first gave rise to mediation practice and a falling away from some of the first principles. What John Haynes was, and Jim Melamed continues to be, is a tireless entrepreneur doing the critically important work of selling mediation in a culture that does not exactly welcome the idea of negotiating differences with open arms.
Spirit in Life and Practice: An Interview with Kenneth Cloke (10/01/07)
Gini Nelson This is an interview by Gini Nelson of Ken Cloke, J.D., Ph.D., L.L.M., the Director of the Center for Dispute Resolution, and a nationally acclaimed author of journal articles and several books. Ken speaks to his career path, his perspective on conflict resolution and mediation.
Mediate.com Celebrates 200th Newsletter (9/05/07)
James Melamed Mediate.com is thrilled to celebrate the 200th issue of The Mediate.com Newsletter. We hope that you agree that this is a notable accomplishment. This article summarizes our accomplishments and includes links to leading resources and some pretty amazing testimonials.
Purchasing Habits of Sophisticated Mediation Services Consumers (9/03/07)
Jeff Kichaven Among themselves, mediators spend a lot of time discussing what makes a good mediator. These discussions are largely uninformed by the views of the consumers of our services, and are therefore largely useless. "Good mediation" is defined by the consumers of our services to a degree far greater than we mediators define it ourselves. In short, unless the buyers are buying it, we are not doing it.
But I NEED Income NOW (8/27/07)
Dina Beach Lynch That's the very first thing my coaching client said when we started talking about finding a niche for her mediation practice. She's been volunteering with the court system, doing mailings and generally networking for a year with little success. She's expended a lot of effort and is 'tired of waiting'.
Mediators as Love Coaches? (2/12/07)
Dina Beach Lynch You see where I'm going. The course of true love- or any love for that matter- is not smooth. I'm wondering if us mediators- skillful communicators and keen observers that we are-can calm the 'sea of love'. From the Mediation Mensch blog.
Ten Success Secrets from Top (Non-Starving) Mediators (11/27/06)
Dottie DeHart Yes, There Is Money in Mediation! It isn’t exactly easy to make big bucks as a mediator, but industry standout
Jeffrey Krivis says it is possible. In his new book, he has teamed up with some of his successful colleagues to share a few lucrative tricks of the trade.
Does the History of Our Field Matter to Us ADR Types? (11/27/06)
Jerry Barrett I have stood in lines, at SPIDR, ACR and other ADR events, listening to new ADR practitioners talking enthusiastically about their field, as if the field started the day they discovered it. They display no awareness of ADR’s long history. This blind spot, however, is not exclusive to the new arrivals. Many long time practitioners limit their knowledge of ADR history to their own personal history.
How to Make Money as a Mediator (Book Review) (11/11/06)
Mark Loeterman Many newly minted mediators have just completed the military’s equivalent of “basic training.” They have taken several classes on mediation and gained some experience mediating disputes, sometimes through a local court panel or community organization. Now, they are ready to quit an old line of work and dive into a career as a mediator. With this limited background and high hopes, the first question typically asked is “How can I establish a financially successful practice?” This book by Jeffrey Krivis and Naomi Lucks seeks to answer that question.
Stop Living the Lie! You Can Earn a Living as a Professional Mediator, Even Where the Courts Offer Mediation for Free (10/09/06)
Philip Mulford Mediators are often told, and often believe, that they will not be able to earn a living as a mediator. In some states, the court system offers mediation for free. In other states, the state pays for mediation at less than professional rates. We mediators have spent too much time cajoling the court system - asking it to refer more cases, asking it to pay more. At the same time, we mediators complain that we are not respected as a profession. It's time to behave as professionals. This article offers the view of a successful professional mediator who operates in a state whose court system believes anyone can be a mediator and mediation should be free.
Book Review: How to Make Money as a Mediator by Jeff Krivis (9/04/06)
Charles B. Parselle So, how does one make money as a mediator? To answer this question, Krivis has turned to consider the habits of 30 highly successful people, comprising a Who’s Who of top mediators from Canada to New Zealand and across the United States, all of whom are liberally quoted in the book. Special Feature (PDF): Introduction and Chapter One
Pay Mediators From the Get-go (7/10/06)
Anju D. Jessani Judicial and other court personnel receive reasonable compensation by New Jersey taxpayers for administering and overseeing the CDR mediation program. Attorneys are paid reasonably by their clients for their participation in the mediation process. It is incongruous that the professionals who actually deliver this valuable service are the only participants required to do so without reasonable compensation.
A Perspective on the Growth and Evolution of the Field of Mediation (7/10/06)
Mark Kleiman As someone who was present at and an active participant in the beginning of the modern development of mediation in the early 80’s I would urge that we maintain a perspective on the growth and evolution of this field in the past 25 years. This does not in any way mean we should be any less committed and active in our promotion of this paradigm for conflict resolution. We should be careful to channel our passion into strategic action rather than anger.
You are the Technique-Notes of a New Mediator (3/20/06)
Victoria Pynchon My first day of mediation training in the Spring of 2004, progressed in somewhat the same fashion as my first year of law school. I remembered struggling painfully with the theoretical bases of jurisdiction in Pennoyer v. Neff on day one of Civil Procedure only to be told the following week that Pennoyer was no longer the law. “Why,” I remember thinking, “did we even bother with Pennoyer when this Buckeye case about an exploding boiler now seems to be the law. Or is it just another chimera as well?”
How to Leverage Technology to Build Your Practice (1/28/06)
Tammy Lenski If you're an ADR professional who's just starting out, you
probably want to know how to build, promote and manage your practice as
effectively as possible. If you're a seasoned practitioner with a growing
client base, you probably want to make sure you're using your time as
efficiently as possible. This article discusses ways that technology can
help new and seasoned practitioners leverage time for business-building
tasks, without significant cost.
Click here for MORE ARTICLES
Online ADR Journalist: An Interview with Victoria Pynchon
Gini Nelson This is an interview by Gini Nelson of Victoria Pynchon, J.D., LL.M,. Victoria is a panelist with the Southern California ADR firm Judicate West. She was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in 2006 after 25 years of complex commercial litigation practice. Her Settle It Now Negotiation Blog is a leader in the field, and she also publishes the IP ADR Blog, and the Mediators Without Borders blog.
ABA DR Task Force on Improving Mediation Quality Issues Final Report
The ABA Dispute Resolution Section has issued a task force report on Improving Mediation Quality. Section Chair Larry Mills observed: "The Report collects interesting empirical information from users of mediation services, presents a nuanced discussion of mediation practices, and identifies the most important elements of high quality, successful mediations. Wayne Thorpe and Rachel Wohl led the task force.
ABA DR Task Force Tool Kit for Improving the Quality of Mediation
This tool kit is based on the work of the American Bar Association Section
of Dispute Resolution Task Force on Improving the Quality of Mediation. The Task
Force developed the recommendations below and the documents attached over the course
of more than 30 facilitated group discussions with mediation users and mediators. The
Task Force conducted these discussions in nine cities in the US and Canada.
A Creative Thinker: An Interview with Jack W. Cooley
Gini Nelson This is an interview by Gini Nelson of Jack Cooley. Among many accomplishments, Jack is a former United States Attorney, Senior Staff Attorney for the United States Court of Appeals for the Seventh Circuit, and a partner in a Chicago law firm. His most recent article at Mediate.com is “The Joke Model Of Creative Thinking.” The article got five stars from Robert Benjamin, who declared about it, “The creativity and quality of thought are obvious.”
Promoting Mediation Over The Internet
Zeno Daniel Sustac One of the most effective means of promoting mediation is over the internet. Why do I say this? Because on the internet information remains stored over extensive periods of time, whereas by using other means of promotion (newspapers, television, radio) information wears off once it is is aired. The immediate impact of the information aired by these means is greater but it wears off once the information is aired. The effectiveness of promoting mediation over the internet is undoubtable. A well constructed website, promoted and optimized accordingly may bring remarkable results in promoting this new profession. It is for this reason that I consider that each mediation centre must have a presentation website.
Jim Melamed is 2007 Recipient of ACR John Haynes Distinguished Mediator Award: A Tribute and Lament on the Field of Mediation
Robert Benjamin Writing this tribute to Jim Melamed is an honor, even if a troubling one. On the one hand, there could not be a more fitting recipient for this particular award, named for John Haynes, than Jim Melamed, the CEO and co-founder with John Helie of
Mediate.com. The work for which both the recipient and the namesake of this award are known highlights what has been most compelling and important about the field of conflict mediation. On the other hand, this award can also not help but highlight the ebbing of the energy that first gave rise to mediation practice and a falling away from some of the first principles. What John Haynes was, and Jim Melamed continues to be, is a tireless entrepreneur doing the critically important work of selling mediation in a culture that does not exactly welcome the idea of negotiating differences with open arms.
Mediate.com Celebrates 200th Newsletter
James Melamed Mediate.com is thrilled to celebrate the 200th issue of The Mediate.com Newsletter. We hope that you agree that this is a notable accomplishment. This article summarizes our accomplishments and includes links to leading resources and some pretty amazing testimonials.
Purchasing Habits of Sophisticated Mediation Services Consumers
Jeff Kichaven Among themselves, mediators spend a lot of time discussing what makes a good mediator. These discussions are largely uninformed by the views of the consumers of our services, and are therefore largely useless. "Good mediation" is defined by the consumers of our services to a degree far greater than we mediators define it ourselves. In short, unless the buyers are buying it, we are not doing it.
But I NEED Income NOW
Dina Beach Lynch That's the very first thing my coaching client said when we started talking about finding a niche for her mediation practice. She's been volunteering with the court system, doing mailings and generally networking for a year with little success. She's expended a lot of effort and is 'tired of waiting'.
Ten Success Secrets from Top (Non-Starving) Mediators
Dottie DeHart Yes, There Is Money in Mediation! It isn’t exactly easy to make big bucks as a mediator, but industry standout
Jeffrey Krivis says it is possible. In his new book, he has teamed up with some of his successful colleagues to share a few lucrative tricks of the trade.
Does the History of Our Field Matter to Us ADR Types?
Jerry Barrett I have stood in lines, at SPIDR, ACR and other ADR events, listening to new ADR practitioners talking enthusiastically about their field, as if the field started the day they discovered it. They display no awareness of ADR’s long history. This blind spot, however, is not exclusive to the new arrivals. Many long time practitioners limit their knowledge of ADR history to their own personal history.
How to Make Money as a Mediator (Book Review)
Mark Loeterman Many newly minted mediators have just completed the military’s equivalent of “basic training.” They have taken several classes on mediation and gained some experience mediating disputes, sometimes through a local court panel or community organization. Now, they are ready to quit an old line of work and dive into a career as a mediator. With this limited background and high hopes, the first question typically asked is “How can I establish a financially successful practice?” This book by Jeffrey Krivis and Naomi Lucks seeks to answer that question.
Stop Living the Lie! You Can Earn a Living as a Professional Mediator, Even Where the Courts Offer Mediation for Free
Philip Mulford Mediators are often told, and often believe, that they will not be able to earn a living as a mediator. In some states, the court system offers mediation for free. In other states, the state pays for mediation at less than professional rates. We mediators have spent too much time cajoling the court system - asking it to refer more cases, asking it to pay more. At the same time, we mediators complain that we are not respected as a profession. It's time to behave as professionals. This article offers the view of a successful professional mediator who operates in a state whose court system believes anyone can be a mediator and mediation should be free.
Book Review: How to Make Money as a Mediator by Jeff Krivis
Charles B. Parselle So, how does one make money as a mediator? To answer this question, Krivis has turned to consider the habits of 30 highly successful people, comprising a Who’s Who of top mediators from Canada to New Zealand and across the United States, all of whom are liberally quoted in the book. Special Feature (PDF): Introduction and Chapter One
Pay Mediators From the Get-go
Anju D. Jessani Judicial and other court personnel receive reasonable compensation by New Jersey taxpayers for administering and overseeing the CDR mediation program. Attorneys are paid reasonably by their clients for their participation in the mediation process. It is incongruous that the professionals who actually deliver this valuable service are the only participants required to do so without reasonable compensation.
A Perspective on the Growth and Evolution of the Field of Mediation
Mark Kleiman As someone who was present at and an active participant in the beginning of the modern development of mediation in the early 80’s I would urge that we maintain a perspective on the growth and evolution of this field in the past 25 years. This does not in any way mean we should be any less committed and active in our promotion of this paradigm for conflict resolution. We should be careful to channel our passion into strategic action rather than anger.
You are the Technique-Notes of a New Mediator
Victoria Pynchon My first day of mediation training in the Spring of 2004, progressed in somewhat the same fashion as my first year of law school. I remembered struggling painfully with the theoretical bases of jurisdiction in Pennoyer v. Neff on day one of Civil Procedure only to be told the following week that Pennoyer was no longer the law. “Why,” I remember thinking, “did we even bother with Pennoyer when this Buckeye case about an exploding boiler now seems to be the law. Or is it just another chimera as well?”
How to Leverage Technology to Build Your Practice
Tammy Lenski If you're an ADR professional who's just starting out, you
probably want to know how to build, promote and manage your practice as
effectively as possible. If you're a seasoned practitioner with a growing
client base, you probably want to make sure you're using your time as
efficiently as possible. This article discusses ways that technology can
help new and seasoned practitioners leverage time for business-building
tasks, without significant cost.
Mediate.com Celebrates Ten Years of Development
Mediate.com What do you get when a bunch of talented and motivated people dedicate themselves for 10 years to growing mediation with the Internet? The answer is: Mediate.com. Here is a quick summary of what Mediate.com has accomplished in its first decade and plans for the future.
How To Market Your Collaborative Law Practice
Elizabeth Ferris How do certain ideas, services, products or messages advance from a position of unfamiliarity in the market to a position of popularity and recognition? I believe Collaborative Law is nearing a tipping point in which it may start to rapidly transform the way disputes are resolved in the U.S, Canada, and beyond.
Mediation at TOP OF MIND
Tom Oswald Mediation needs to get closer to a ‘top of mind’ status with consumers if we are to accelerate the development of our profession and to accomplish more positive effect. To do that, we need to invest ourselves in the marketing of our profession.
Gresham's Law: The Mediation Paradox
Charles B. Parselle Gresham’s Law states that bad money drives out good.
The same principle can be applied to labor. Slavery drives out low wage labor. Low wage labor drives out high wage labor. It applies to mediators also. In southern California, a large majority of mediators work pro bono. The question is whether the continuing prevalence of pro bono mediation will continue to act as a deterrent to the development of mediation as a specialty profession.
Marketing a Dispute Resolution Practice in a New Area Requires Innovative Approaches to Reach a Skeptical Audience
Leo Hura In order to educate and attract skeptical client organizations to utilize not only direct negotiations but also, pre-litigation mediation, we use training that combines traditional lecturing with a powerful “real world” case study. My collaborators and I share our thoughts on our case study based training/marketing approach with both a training and marketing objective as a means of stimulating a discussion on the topic. As mediation expands into new markets practitioners face new challenges
including how to reach the target client base. In this article we discuss
education as one critical aspect of our marketing plan to reach
multifunctional teams dedicated to project completion and avoiding
litigation. </ |
