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Don't Be So Square
It was George Bernard Shaw who said that "the problem with communication is the illusion it has occurred."

Tipping Points in Mediation: Critical Threshholds in the Process
This article examines how a dramatic moment, event or thought can change the complextion of the dispute resolution process, both positively and negatively.

Mediation to Raise the Spirit
I, for one, do not believe in the lawyer's adage that the sign of a good settlement is where everybody walks away unhappily and bloodied, but walks away nevertheless.  Rather, the sign of a good settlement is where, although we may sometimes feel a bit bruised by the process, we should all walk away feeling proud of what we have accomplished: to draw on our common strengths and interests and proudly share the experience and outcome.

Apology - Power and Impact
I have seen many fine lawyers snatch defeat from the jaws of victory by awkwardness, insincerity, missteps and downright ineptitude during the negotiation process.

Apology - The Post-Debate View
Just because lawyers – especially trial lawyers – might be wonderful at the arts related to advocacy and litigation, does not mean that their skills of negotiation or mediation advocacy are in tune with the realities of the moment.

You Never Can Tell
Our personal standards and preferences are ours; understanding that not everybody is going to embrace and manifest those standards is essential if we want to get to the core of the dispute needing resolution.

Mediation Myths
The more we deal with mediation-related processes – an inevitability in the present legal landscape – the more important it is for us to know about those processes, both myths and realities.

Slow Down, You Move Too Fast…. – A Helpful Mediation Hint
I was actually playing some old vinyl the other day. I was in a melancholy mood and needed a Sixties fix, when my old friends Simon and Garfunkel connected with my mediator mind. You know the one. “Slow down, you move too fast. Got to make the morning last….”

Timing and Its Impact on Mediation
Those who are old hands at dispute resolution, whether through litigation or its alternatives, have their volumes of war stories which tell about the importance of timing.

Becoming More Effective As Mediation Counsel
There are numerous anecdotes that relate how legally represented disputants are becoming increasingly wary of traditional means of resolving their disputes: namely, through litigation and trial.

Mediation, The Basics, Part 1
It seems that lately we hear more and more stories about clients and their feelings about being forgotten and/or lost in a legal – judicial system that is perceived as out of touch with the actual interests of the major participants: namely the parties.

Mediation, The Basics, Part 2
Neutrality and Confidentiality are key elements of the process that may be affected – or appear to be affected – by who pays.

Alternative Dispute Resolution
The overwhelming majority of filed cases are resolved by means of non-trial disposition. Recently new ideas, systems and devices through which to optimize this circumstance have emerged.