Center for Conflict Resolution

Abilene Christian University

  



Abilene Christian University
ACU Box 27770
Abilene, TX 79699-8070
Phone: (325) 674-2015
Fax: (325) 674-2427
Mediation Career Articles

What's New




Promote your professional practice in the largest worldwide ADR directory for free (6/27/08)
James Melamed
Mediate.com is now, for the first time, offering a Free Basic Membership. Basic Membership provides a free listing in our field-wide ADR professional directory. Mediate.com Premium Membership provides you with an elevated and enhanced directory listing, access to all Mediate.com video content, participation in the "stars" Qualifications Disclosure Program, eligibility for liability insurance, and more. All Members can now indicate organizational affiliations, and there is a new "Search by Organization" feature So, for example, you can now search by the ABA DR Section; ACR; ACCTM, AFCC, IAM and many other international, national, and state associations.


Online ADR Journalist: An Interview with Victoria Pynchon (5/05/08)
Gini Nelson
This is an interview by Gini Nelson of Victoria Pynchon. 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.”


The Real Estate Downturn Spawns an Increasing Need for Mediators and Arbitrators (12/03/07)
David W. Dresnick
The growing poor economic cycle for real estate, and growing consensus projections that the reduction in housing prices may last to the beginning of 2009, has resulted in a ever expediential increase for the need for Mediators and Arbitrators.


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.


NZ Barrister, Commercial Mediator, Blogger: An Interview with Geoff Sharp (11/12/07)
Gini Nelson
This is an interview by Gini Nelson of Geoff Sharp. Geoff is the 2007 chair of the NZ Law Society ADR Committee and often speaks on mediation both in NZ and more recently in the United States at the invitation of the American Bar Association. He is also the author of mediator blah...blah...


Let’s Change Our Limiting Self-Labeling Practices (11/05/07)
Tammy Lenski
This article is intended as an invitation to reconsider your participation in a labeling trend that is serving neither mediators nor the dispute resolution field well.


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.


Private Sector Innovation: An Interview with James Melamed (9/23/07)
Gini Nelson
This is an interview of Jim Melamed, CEO of Mediate.com by Gini Nelson. Jim speaks to his career path, his perspective on mediation and our field, or lack of field, currently and in the future.


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


L.A.’S Policy Of Free Mediation Benefits Everybody But Mediator (7/24/06)
Charles B. Parselle
Los Angeles mediators personally pay for 97% of court mediations, giving away thousands of hours and millions in fees each year, yet overwhelmingly mediators would rather be paid for their professional services.


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?”

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Promote your professional practice in the largest worldwide ADR directory for free
James Melamed
Mediate.com is now, for the first time, offering a Free Basic Membership. Basic Membership provides a free listing in our field-wide ADR professional directory. Mediate.com Premium Membership provides you with an elevated and enhanced directory listing, access to all Mediate.com video content, participation in the "stars" Qualifications Disclosure Program, eligibility for liability insurance, and more. All Members can now indicate organizational affiliations, and there is a new "Search by Organization" feature So, for example, you can now search by the ABA DR Section; ACR; ACCTM, AFCC, IAM and many other international, national, and state associations.


Online ADR Journalist: An Interview with Victoria Pynchon
Gini Nelson
This is an interview by Gini Nelson of Victoria Pynchon. 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.”


The Real Estate Downturn Spawns an Increasing Need for Mediators and Arbitrators
David W. Dresnick
The growing poor economic cycle for real estate, and growing consensus projections that the reduction in housing prices may last to the beginning of 2009, has resulted in a ever expediential increase for the need for Mediators and Arbitrators.


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.


NZ Barrister, Commercial Mediator, Blogger: An Interview with Geoff Sharp
Gini Nelson
This is an interview by Gini Nelson of Geoff Sharp. Geoff is the 2007 chair of the NZ Law Society ADR Committee and often speaks on mediation both in NZ and more recently in the United States at the invitation of the American Bar Association. He is also the author of mediator blah...blah...


Let’s Change Our Limiting Self-Labeling Practices
Tammy Lenski
This article is intended as an invitation to reconsider your participation in a labeling trend that is serving neither mediators nor the dispute resolution field well.


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.


Spirit in Life and Practice: An Interview with Kenneth Cloke
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.


Private Sector Innovation: An Interview with James Melamed
Gini Nelson
This is an interview of Jim Melamed, CEO of Mediate.com by Gini Nelson. Jim speaks to his career path, his perspective on mediation and our field, or lack of field, currently and in the future.


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'.


Mediators as Love Coaches?
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
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


L.A.’S Policy Of Free Mediation Benefits Everybody But Mediator
Charles B. Parselle
Los Angeles mediators personally pay for 97% of court mediations, giving away thousands of hours and millions in fees each year, yet overwhelmingly mediators would rather be paid for their professional services.


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.


Mediate.Com Video Series
Mediate.com
The primary purposes of the Mediate.Com Video Series are: 1) To create an archive of interviews from the first generation resources in the field. 2) To create a valuable learning resource. 3) To further the discussion of the future of the field. 4) To create a structure for ongoing dialogue. There are two stages envisioned in this project. The first is to interview early practitioners, leaders, and writers who have been instrumental in the formulation of the field. In the second stage, contemporary leaders will be interviewed. Each of the interviews will be 60 to 90 minutes in length. The interviews will be organized and available on DVD and on-line by Mediate.Com.


Mediation: Who Is It Really For?
Alex Dukhovny
Settling cases is a whole purpose of being a mediator, it is the reason we get up in the morning and go to bed early at night. Mediators live, and love to settle - that is a fact.


Marketing Monday 8 Days A Week (Book Review)
Jon Linden
In Marketing Monday 8 Days A Week Ms. Armstrong manages to capture her keen sighted advise over the past 3 years. The book consists of an organized compilation of the best of her weekly columns about how to market an ADR practice. Like the newsletter, the book is whimsically wonderful.


ACR Mediator Certification Task Force: Report and Recommendations
ACR Mediator Certification Task Force
The Board of Directors of the Association for Conflict Resolution (ACR) authorized the creation of a Task Force on Mediator Certification in November, 2002. The purpose of the Task Force was to design a national certification program. After considering a variety of options, the Task Force recommends that ACR establish a Mediator Certification Program.


Mentoring and Evaluating New Mediators
Evan Ash
In spite of our best intentions, we all have to start somewhere! For an experienced professional who would like to become a mediator, classroom training may seem like the only beginning needed to become effective. However, wiser more seasoned heads have prevailed in the dispute resolution field. It is widely recognized that some degree of supervised practical or clinical training is needed.


Consciously Incompetent: A Mediator’s Cycle of Learning
Paula Young
This article explores the four stages of skill development, from the perspective of the mediator: (1) unconscious incompetence, (2) conscious incompetence, (3) conscious competence, and (4) unconscious competence.


Getting Your Web Site Listed in Search Engines
Josh Remis
If you wish to achieve quality web site search engine results without paying hundreds of dollars, you must respond to the criteria search engines use to place and rank web sites. You will need, for example, access to your "meta tags" and steady attention as you grow your web site.


How a Spanish Speaking Mediator Can Set Up a Financially Successful Mediation Practice?
Rene Llapur
A mediator whose native language is Spanish and from another country faces unique opportunities, obstacles and challenges in the pursuit of creating a successful mediation practice. This paper is designed to help such mediators build satisfying conflict resolution careers. In addition, this paper attempts to aid peacemakers in achieving their goal to make a living from a mediation practice.


So, You Want to be a Mediator?
James Melamed
I find myself regularly asked “what do I need to do to become a mediator?” While I do not pretend to have all of the answers, here are some suggestions for beginning your journey.


Selling Mediation To Consumers: The Value Proposition
Troy Morgan
Consumers are constantly shopping for value. The value proposition is everything to the consumer and unfortunately for the ADR industry it is normally measured in dollars and cents. If you cannot convince the consumer that it is cheaper and more efficient to use your services as opposed to another resource, such as the traditional legal industry, you will find yourself without a client.


Comments To The FMCS Proposed Rule
John Bickerman
Creating a roster of qualified professional neutrals to serve the public is a laudable goal and the FMCS should be commended for devoting the time and resources of its staff to expand the use of dispute resolution in the federal sector. However, the success of the Access to Neutrals Initiative will depend on the quality of the neutrals on its roster. As drafted, the proposed rules would unnecessarily discriminate against and disqualify many qualified neutrals in the private sector.


Mediation, Meditation and Electromagnetism
Steven Schwartz
Before Edison invented the electric light bulb, no one believed it could be done. Before the Wright Brothers flew at Kitty Hawk, human flight was a fantasy. Before Einstein formulated E=MC2, relativity theory was nonexistent. We now have, in mediation, discovered an alternative that is as revolutionary in resolving human conflict as these other discoveries have been in their fields.


Professionalising Commercial Mediation: Discarding the Baggage of Idealised Professions
Andy Grossman Commercial mediation is often described as an emerging profession. The word 'profession', however, conveys numerous ideas about the identity of an occupational group, function in society and ethical roles. Also, different sociological approaches attempt to understand professions in different ways.


Out of the Rut and Into the Groove: Developing Excellence in Practice
Michael Lang
The edited Keynote Address delivered by Michael Lang at the MII Annual Conference, Ireland, 15th November, 2002.


Access To Neutrals Initiative
Federal Mediation and Conciliation Service The Federal Mediation and Conciliation Service is proposing a new regulation to establish an Access to Neutrals Initiative. The main function of the Access to Neutrals Initiative is to provide a Registry of Neutrals--a list of individual dispute resolution providers who have documented their qualifications according to criteria outlined in the regulation.


Reflective Practice: How Veterans Can Benefit from Rookie Training
Judith Cohen
Traditionally, mediators have regarded training as the route to skills enhancement. Professional development conducted during day-to-day practice, however, is an even more powerful resource for practitioners seeking a disciplined and introspective way of thinking about interventions. Reflective practice challenges experienced mediators to keep our skills sharp and to develop a deeper approach to our work.


Something for Nothing!
Stephen Tennant
Hong Kong has been in the Headlines recently for the wrong reasons. In this article Steve Tennant writes about a Pro-Bono initiative to encourage the use of mediation in smaller scale construction disputes.


The Benefits Of Self Reflection In Your Mediation Practice
Oran Kaufman
It is not uncommon in our busy practices to overlook the benefit of spending time to reflect on mediations we have conducted and mediations that are coming up. There are lessons in every mediation, whether the mediation was successful or not. Taking the time to think about and evaluate mediation sessions improves our skills as mediators and ultimately helps us provide better services to our clients.


The 2nd Chair: A Mediation Model Maximizing Service, Mentorship, and Ownership
Craig Rashkis
As our field struggles its way through the evolutionary process, inching ever closer to being a full fledged independent profession, many are growing frustrated with the inability to identify a viable avenue for competent individuals to move from academic preparation to actual practice. As I hear all too often, "How can I break into this field?"


In Search of a Profession: Notes From The Frontier
Barry Simon
The overwhelming truth is that in 2003, over twenty-five years after the Pound Conference, there is no distinct profession in which study and practice produce a practitioner who can earn a living as do doctors, therapists, attorneys, hair stylists, plumbers, nail stylists, car mechanics, mail deliverers, house painters, etc.


If How Can I Make Money From Mediation is the Wrong Question; What is the Right Question?
Stephen R. Marsh
Mediators keep trying to position ourselves in the marketplace as professionals and entrepreneurs who ought to be highly paid for dispensing our valuable services. Would it be possible for mediators to reframe our own view of economics and our place in the economic system? How could we do this? What is the right question?


Mediate.com Enters Eighth Year
James Melamed, John Helie
Mediate.com, founded by John Helie and Jim Melamed, began formal operations January 1, 1996. Mediate.com has continued to steadily grow with 2,253,881 documents viewed in 2002. The typical Mediate.com visitor spends nearly 12 minutes at the site.


Review: The Mediate.com Dynamic Web Site Package
Jon Linden
It has long been known in the mediation industry, that if you need a website and don’t want to design it yourself or pay for someone to do it for you, the best place to turn is www.mediate.com. The Dynamic Website Package offers site owners the most advanced and flexible website design process that I am aware of in the mediation industry or anywhere else on the Internet. It is easy to maintain and very well designed with infinite flexibility.


10 Tips to Smart Marketing of Your Mediation Services
Sandra Davis
If you like to Mediate, but hate to market, try these 10 easy tips.


Making the Mediation Pie Bigger—A Comment
Lee A. Hopkins
Passive peacemaking will not make the world a more peaceful place. But this is the stance we are told to take in the field of mediation because that’s what the expert’s rules say we are supposed to do: be passive and let the conflicts come to us. We are to be neutrals in all ways at all times. We are not to recruit clients for we would be deemed no longer “neutral”. It’s time to break the rules and I’d like to invite you to join the effort.


20 Concepts & Recommendations for Utilizing the Internet
James Melamed
This article reviews 20 concepts and recommendations to assist you to most capably utilize the Internet in support of your mediation practice.


What Do ADR Panels Look For In A Mediator? Do You Qualify For The T.E.A.M.?
Troy Morgan
What are ADR administrators looking for and how can I become a part of recognized panel that will send me cases? These are the two most commonly asked questions that mediators ask everyday. After the excitement of training and the emotional rush of volunteerism, many practitioners are ready to take the next step and join a worthwhile ADR panel. But what are these administrative gate keepers looking for? Here’s a clue . . .


Seven Golden Rules of Marketing for Mediators
Eileen Barker & John Ford Like it or not, effective marketing is crucial to the success of most mediation practices. Whether you are starting a mediation practice or seeking to expand an existing practice, serious thought should be given to how you will establish yourself in the market. So, what are the best marketing strategies? What makes marketing effective? How can mediators use what they already know to be effective in marketing? While there's no one magic answer for everyone, there are proven guideposts that can help you avoid common pitfalls, and maximize the return of your marketing efforts and dollars.


Featured Mediator Program
James Melamed, John Helie
Mediate.com is pleased to announce a new Featured Mediator Program for mediators with MediatorDirect listings.

Jon Linden
Becoming A Mediator: An Insiders Guide To Exploring Careers In Mediation (Book Review)
Jon Linden
For those mediators who are still asking themselves the question, "Should I Really Be A Mediator?" Lovenheim's book is truly an excellent source to help the reader answer this question. Lovenheim is not concerned primarily with Mediation styles so much as he is focused on what being a mediator is really all about.

Jon Linden
The Essential Guide To Marketing Your ADR Practice (Book Review)
Jon Linden
Ms. Armstrong’s book is clear, clean, professional marketing advice for the ADR practitioner. Her book is easy to read and filled with wise and insightful advice for the ADR professional.

Natalie J. Armstrong
The Essential Guide To Market Your ADR Practice
Natalie J. Armstrong
Read extracts from this highly acclaimed book on marketing for mediators and arbitrators.

Barry Simon
Smoke and Mirrors: The Importance of Credibility
Barry Simon
While the creation of a credible credentialing system will not be an easy task, it is also not impossible. And clearly, the time has arrived for us to make mediators honest, giving them the credibility they deserve while providing the public with the consistent quality they rightfully expect. Furthermore, if conflict resolution is ever to become a credible profession, it will be partially built on a foundation of quality assurance only attained in Western Society through credentialing.

Betsy Thomas
Mediate.com Now Offers Mediator/Arbitrator Liability Insurance
Betsy Thomas
Mediate.com now offers its members mediator and arbitrator liability insurance through Complete Equity Markets.

Barry Simon
In Search Of An Occupation
Barry Simon
There are a lot of frustrated and cynical mediators out there, many wondering, as I am, why it is not possible to make a living being a peacemaker. In pondering how mediation can be so valuable that courts all across the country have developed mediator panels yet a private mediator cannot find enough business to buy a loaf of bread, I decided to dig around in its history for some understanding.


Mediate.com Premium Referral Listing
This article describes the Mediate.com Premium Referral Listing. This listing allows you to be found by name, geography, areas of practice, additional professional services and key word searches. Over 3,000 referrals are made to this list monthly.

Jon Linden
Mosten Lays It Out, Step by Step
Jon Linden
Mediation Career Guide: A Strategic Approach to Building A Successful Practice
In truly one of the finest books on building a mediation practice ever to be published, Mosten basically gives the reader a Manual for creating and expanding a mediation practice.

Anju D. Jessani
A 12 Step Approach to Enhancing Your Alternate Dispute Resolution Practice
Anju D. Jessani
It is easy to establish an ADR practice. In most states including New Jersey, there are no licensing requirements. However, as most ADR practitioners who hang out their shingle find out, “build it, and they will come,” does not usually apply to ADR. It takes planning, hard work, stubbornness, and more than an ounce of good luck to develop a successful practice.

Troy Morgan
The Key to a Successful Mediation Practice is 'Being in the Circle'
Troy Morgan
A common complaint that resonates in our field is lack of paying cases. There are more opportunities than ever to volunteer as a mediator. However, transitioning from volunteer to paid practitioner can be a rigorous task. In order to achieve this transition you must be able to positively answer the following question. Am I in the circle?


Mediator Qualifications Disclosure Program: Frequently Asked Questions
Mediate.com This FAQ document answers the most commonly asked questions about the Mediate.com Qualifications Disclosure Program.


Mediator Qualifications Disclosure Program
Mediate.com offers mediators the opportunity to be evaluated as "Associate," "Practitioner" or "Senior" Mediators based upon their degree of training, experience and commitment to a comprehensive set of professional standards. Mediators also indicate the number of cases that they have mediated in specific areas and may provide email links to references.


Promoting Mediation: Challenges of Expanding Your Practice
Frank Cruz
The growth of mediation has made it essential for providers to be focused in their marketing efforts and the partnerships they form. It is ever-increasingly important to engage in proactive marketing and to carefully select their strategic partners. These tools can be the bedrock of a successful mediation practice as it faces the demands of growing competition and consumers turning to mediation to resolve their conflicts.


Mediate.com and CRInfo Announce Content Sharing Agreement
Mediate.com & CRInfo Mediate.com and CRInfo have announced a content sharing agreement wherein Mediate.com will integrate sections of CRInfo into the Mediate.com main site and client dynamic web sites.


Help System for Mediate.com Dynamic Web Site
Mediate.com This is the Help Section for Mediate.com's Dynamic Web Site. The Mediate.com Dynamic Web Site takes care of all of your professional web site needs with over 30 styles and up to 144 pages for a low monthly fee.


Jobs, Grants & Prizes (July 2000)
Many of the job opportunities listed in this section are derived from SPIDR's new Employment Opportunities Forum and Mail List. Serious seekers of employment should subscribe to the mail list at www.spidr.org


The Making of a Mediator: Developing Artistry in Practice
Michael D. Lang & Alison Taylor The Making of a Mediator goes beyond the basics of mediation process. In this essential resource, expert mediator and teacher Michael Lang outlines his innovative model of artistry in professional practice that results from the understanding of and connection between reflective practice and interactive process. Together with Alison Taylor, they have created a landmark book that offers conflict resolution professionals the theories, principles, practices, and ideas for developing true artistry in mediation. This is the preface to their book.

Natalie J. Armstrong
How Mediators Can Thrive (Not Just Survive) In Storms
Natalie J. Armstrong
If you've been watching the news lately then you know all about the upcoming storms. The Nor' Easters of the Eastern Seaboard and the La Nina affecting the Pacific Northwest and California coastline are the natural storms we're experiencing. Then of course there are the projected economic and political storms we are told to expect. These events are not something we can choose to experience. We can however, choose how we respond to them.


Do's And Don'ts For Persuading Public Officials To Hire You During The All-Important Interview
Susan Senecah No matter how highly ranked your proposal may be when you enter the interview room, what happens during that interview can affect your prospects for landing the job. Time and again I've watched top contenders fade and underdogs emerge victoriously. So what should you do to maximize your chances for success?

Troy Morgan
Career Section Editorial-February 2001
Troy Morgan
The field of ADR is rapidly expanding. This is a very exciting time for anyone considering joining the ADR ranks. Federal, State, and local governments are staffing entire departments charged with resolving conflict. Non-profit and For-profit ADR organizations are opening on every block.


Mediator Profile: New Mexico's Lucy Moore
Paul Katzeff Lucy Moore works at the Western Network where much of her work focuses on multi-ethnic and cross-cultural aspects of facilitation and mediation. She helps people talk by making room in a process for everyone. This skill is rooted in deep commitment to inclusiveness.


Mediator Profile: S.Glenn Sigurdson
Paul Katzeff Glenn Sigurdson is a hands-on character, known for getting down in the trenches, where he can help people bulldoze through their fears and misconceptions, so they can build bridgeworks toward consensus.


Business Planning For Mediators
Robert W. Simmons MA, MA, MBA Avoiding the premature death or chronic under-performance of your mediation business requires the exercise of the managerial arts, of which perhaps the singly most valuable is planning. The benefits of planning, which include improved commitment to company goals and objectives and better monitoring of financial performance, are more easily attained if each planning cycle results in a written business plan or the revision and updating of the existing plan.


Business Performance:Financial Tools for Mediators
Robert W. Simmons A mediator who doesn't regularly monitor the financial performance of the business is like a motorist who doesn't get tune-ups. A 10% improvement in gas mileage is worth real money, what would a 10% improvement in the financial performance of your practice be worth?

Geoffrey Corry
George Mitchell: Role Model for Mediation
Geoffrey Corry
There is much that we can learn by reviewing the strategies and process interventions used by George Mitchell and his mediation team in facilitating agreement in Ireland. Seven key aspects of Mitchell's work are highlighted in this article from the editor of

Michael Lang
Becoming Reflective Practitioners
Michael Lang
In this article, I want to talk about a process that seeks to educate reflective practitioners: Those individuals whose practices are grounded in theories of conflict and conflict resolution, who are aware of ongoing research that informs their practices, and who continually refine their skills through a rigorous process of self-reflection.


Mediator Profile:Oregon's Chris Maser
Katherine Knight No formula, but disputes resolved in three days or less: Maser attributes his success in part to what he sees as unique attitudes and techniques he uses during the facilitation process, some of which may strike other practitioners as unusual.

Robert B Moberly
ADR in the Law School Curriculum: Opportunities and Challenges
Robert B Moberly
In this Symposium, a distinguished group of authors explore the impact of Alternative Dispute Resolution (ADR) on our legal system, and how law schools have responded to this development.


The George Mitchell Syndrome: When Is A Mediator A Mediator?
Phil Primack Is training required to become a good mediator? Or is it hands-on experience in the trenches of conflict? Do formal credentials matter? Is mediation even a skill that can be learned? All of the above? None of the above?

James Melamed
Building a Successful Mediation Practice
James Melamed
Mediation is an art and a science. It is also a business for many practitioners and programs. Just how do you get a successful mediation practice going? Great tips for establishing a successful mediation practice.

Forrest (Woody) Mosten
Eleven Questions Most Commonly Asked About Mediation
Forrest (Woody) Mosten
We all have questions about mediation. Not just disputants, but also the lawyers, and mediators themsleves. This list aims to answer some of the peristent ones.


What Qualifications Does a Mediator Need?
Alaska Judicial Council Qualifications refer to the amount and type of training,education and experience possessed by a mediator. In some states,courts or legislatures impose training or experience standards on mediators who practice in state- or court-funded mediation programs. In most states, a person can offer private mediation services without taking a class, passing a test or having a special license or certification.


What Makes A Competent Mediator?
Alaska Judicial Council There is no universal answer to this question. No particular type or amount of education or job experience has been shown to predict success as a mediator. Successful mediators come from many different backgrounds.


Graduate programs in dispute resolution keep growing
Cassel Kroll
A growing number of schools now offer master's degrees or even doctorates in dispute resolution - but jobs are hard to land. What then is their appeal? Dispute resolution programs clearly offer opportunities that many students are seeking - to be a part of something new, to gain theoretical knowledge and practical experience, and to feel they are learning how to make a difference in the world.


Steep Path Awaits New Practitioners In Field
Jennifer Thomas-Larmer Consensus asked several practitioners with two-to-six years experience in dispute resolution what kinds of work they are doing and how they are learning the trade. At this stage in their careers, all are gradually increasing the size of the groups they facilitate and the complexity of the projects they manage. Mentoring, training, and that 'certain something' are needed to succeed.

Ole Amundsen
ADR 101: Finding a course that suits your needs
Ole Amundsen
A wide variety of training programs are available, which can accommodate a range of time constraints and cost concerns. Basic programs that introduce participants to various techniques in ADR are available through universities, private consultants, and state offices of dispute resolution.


Mediator Profile: Colorado's Chris Moore
Paul Katzeff Moore has a reputation not only as a talented mediator but a premier conflict resolution trainer as well. A partner in CDR Associates, of Boulder, since 1981, Moore has become a sought-after trainer in the U.S. and abroad.




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